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] [Section 38A Substituted by No. 52 of 2017, s. 10, Applied:01 Jul 2018]

(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) , as in force before or after that day, or section 26 , as in force before that day.

(3)  Despite subsection (2) , an extension of a period of limitation may not be granted under section 5A(5) 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) , the amendments to section 26 made by the amendment Act, and section 26A , do not apply in relation to an action that commenced before the amendment day.