QLDIn ForceAct
Limitation of Actions Act 1974
sec.47Transitional provision for Civil Liability and Other Legislation Amendment Act 2010
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### sec.47 Transitional provision for Civil Liability and Other Legislation Amendment Act 2010
Section 11(2) applies to a right of action relating to personal injury resulting from a dust-related condition whether the right of action accrued before or after the commencement of this section.
However, subsection (1) does not apply if—
judgment has been given in the action; or
the action has been settled or discontinued; or
an application before the commencement of this section to extend the period of limitation applying to the action before the commencement was refused by a court.
In this section—
court includes—
a court in a place outside Queensland, including outside Australia; and
the Dust Diseases Tribunal of New South Wales established under the Dust Diseases Tribunal Act 1989 (NSW) .
s 47 ins 2010 No. 9 s 30
(sec.47-ssec.1) Section 11(2) applies to a right of action relating to personal injury resulting from a dust-related condition whether the right of action accrued before or after the commencement of this section.
(sec.47-ssec.2) However, subsection (1) does not apply if— judgment has been given in the action; or the action has been settled or discontinued; or an application before the commencement of this section to extend the period of limitation applying to the action before the commencement was refused by a court.
(sec.47-ssec.3) In this section— court includes— a court in a place outside Queensland, including outside Australia; and the Dust Diseases Tribunal of New South Wales established under the Dust Diseases Tribunal Act 1989 (NSW) .
- (a) judgment has been given in the action; or
- (b) the action has been settled or discontinued; or
- (c) an application before the commencement of this section to extend the period of limitation applying to the action before the commencement was refused by a court.
- (a) a court in a place outside Queensland, including outside Australia; and
- (b) the Dust Diseases Tribunal of New South Wales established under the Dust Diseases Tribunal Act 1989 (NSW) .