sec.305AProvisions not to apply to particular injuries

### sec.305A Provisions not to apply to particular injuries The provisions of this part other than division 4 , do not apply in relation to deciding liability for injury if the injury resulting from the breach of duty is or includes— an injury that is a dust-related condition; or an injury resulting from smoking or other use of tobacco products or exposure to tobacco smoke. To remove any doubt, it is declared that a breach of duty mentioned in subsection (1) includes a breach of duty giving rise to a dependency claim. s 305A ins 2010 No. 24 s 21 (sec.305A-ssec.1) The provisions of this part other than division 4 , do not apply in relation to deciding liability for injury if the injury resulting from the breach of duty is or includes— an injury that is a dust-related condition; or an injury resulting from smoking or other use of tobacco products or exposure to tobacco smoke. (sec.305A-ssec.2) To remove any doubt, it is declared that a breach of duty mentioned in subsection (1) includes a breach of duty giving rise to a dependency claim. - (a) an injury that is a dust-related condition; or - (b) an injury resulting from smoking or other use of tobacco products or exposure to tobacco smoke.