38AApplication of amendments made by Limitation Amendment Act 2017

### 38A Application of amendments made by Limitation Amendment Act 2017 > [*\[Section 38A Inserted by No. 66 of 2004, s. 8, Applied:01 Jan 2005\]*](/view/html/inforce/2005-01-01/act-2004-066#GS8@EN) [*\[Section 38A Substituted by No. 52 of 2017, s. 10, Applied:01 Jul 2018\]*](/view/html/inforce/2018-07-01/act-2017-052#GS10@EN) > > > (1)  In this section – > > > > > ***amending Act*** means the *Limitation Amendment Act 2017*; > > > > > ***amendment day*** means the day on which the amending Act commences. > > > (2)  Subject to this section, this Act, as amended by the amending Act, applies in relation to an action in respect of a personal injury – > > > > > > (a) whether the cause of action accrued before, on or after the amendment day; and > > > > > > > (b) whether or not a period of limitation under the Act, as in force before the amendment day – > > > > > > > > > > (i) has, before that day, expired in respect of the injury; or > > > > > > > > > > > (ii) has, before that day, expired in respect of the injury before an application, in relation to the injury, is made for an extension of the period under [section 5A(5)](#GS5A@Gs5@EN) , as in force before or after that day, or [section 26](#GS26@EN) , as in force before that day. > > > (3)  Despite [subsection (2)](#GS38A@Gs2@EN) , an extension of a period of limitation may not be granted under [section 5A(5)](#GS5A@Gs5@EN) as in force after the amendment day, in relation to a cause of action that accrued before that day, if the date of discoverability occurred more than 3 years before that day. > > > (4)  Despite [subsection (2)](#GS38A@Gs2@EN) , the amendments to [section 26](#GS26@EN) made by the amendment Act, and [section 26A](#GS26A@EN) , do not apply in relation to an action that commenced before the amendment day.