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Limitation Act 1985
19Shipping
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19 Shipping
(1) An action on a cause of action to enforce a claim or lien against a
vessel (the former vessel) or its owners in relation to any damage or
loss to another vessel, its cargo or freight, or any property on board
the other vessel, or damage for loss of life or personal injuries
suffered by anyone on board the other vessel, caused by the fault of
the former vessel, whether the former vessel, is completely or partly
at fault, is not maintainable if brought after the end of a limitation
Part 2 Periods of limitation and related matters
Division 2.2 General
Section 20
page 10 Limitation Act 1985
Effective: 26/11/25
R28
26/11/25
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
period of 2 years running from the date when the damage, loss or
injury is caused.
(2) An action on a cause of action to enforce a claim or lien in relation to
any salvage services is not maintainable if brought after the end of a
limitation period of 2 years running from the date when the salvage
services are rendered.
(3) For an action in a court, the court—
(a) may extend the limitation period mentioned in subsection (1) or
(2) to such an extent and on the terms that it considers
appropriate; and
(b) shall, if satisfied that there has not during the limitation period
been a reasonable opportunity of arresting the defendant vessel
within the jurisdiction of the court, or within the territorial
waters of the country to which the plaintiff’s vessel belongs or
in which the plaintiff resides or has his or her principal place of
business, extend the limitation period to an extent sufficient to
give a reasonable opportunity of so arresting the defendant
vessel.
(4) In this section:
freight includes passage money and hire.
vessel means a vessel used in navigation, other than air navigation,
and includes a barge, lighter or similar vessel.
(5) In this section, a reference to damage or loss caused by the fault of a
vessel includes salvage or other expenses, consequent on that fault,
recoverable at law by way of damages.