Trade Practices Amendment (Personal Injuries and Death) Bill 2003
First Reading

Trade Practices Amendment (Personal Injuries and Death) Bill 2003
First Reading

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2002-2003

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Trade Practices Amendment (Personal Injuries and Death) Bill 2003

No. , 2003

(Treasury)

A Bill for an Act to amend the Trade Practices Act 1974, and for related purposes

Contents

1       Short title 1

2       Commencement 1

3       Schedule(s) 2

Schedule 1--Amendments       3

Trade Practices Act 1974       3

A Bill for an Act to amend the Trade Practices Act 1974, and for related purposes

The Parliament of Australia enacts:

1 Short title

        This Act may be cited as the Trade Practices Amendment (Personal Injuries and Death) Act 2003.

2 Commencement

       (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table	The day on which this Act receives the Royal Assent
2. Schedule 1	The 28th day after the day on which this Act receives the Royal Assent

Note:       This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

       (2) Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.

3 Schedule(s)

        Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1--Amendments

Trade Practices Act 1974

1 Subsection 82(1)

Omit "A person", substitute "Subject to subsection (1A), a person".

2 After subsection 82(1)

Insert:

       (1A) A person who suffers loss or damage by conduct of another person may not recover the amount of the loss or damage by an action under subsection (1) to the extent to which:

       (a) the action would be based on the conduct contravening a provision of Division 1 of Part V; and

       (b) the loss or damage is, or results from, death or personal injury.

3 Subsection 87(1)

Omit "Without", substitute "Subject to subsection (1AB) but without".

4 Subsection 87(1A)

Omit "Without", substitute "Subject to subsection (1AB) but without".

5 After subsection 87(1A)

Insert:

       (1AB) The Court may not make an order under subsection (1) or (1A) to compensate a person for loss or damage the person suffers by conduct of another person to the extent to which:

       (a) the order would be based on the conduct contravening a provision of Division 1 of Part V; and

       (b) the loss or damage is, or results from, death or personal injury.

Note:       As a result, the Commission will not be able to apply on the person's behalf under paragraph (1A)(b) for an order in relation to the loss or damage.

6 Application

The amendments made by this Schedule apply in relation to contraventions of Division 1 of Part V of the Trade Practices Act 1974 that occur after this Schedule commences.