Trade Practices Amendment (Personal Injuries and Death) Bill 2004
First Reading
Trade Practices Amendment (Personal Injuries and Death) Bill 2004
First Reading
Download RTF 2004
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Trade Practices Amendment (Personal Injuries and Death) Bill 2004
No. , 2004
(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:
This Act may be cited as the
Trade Practices Amendment (Personal Injuries and Death) Act 2004.
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| 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
Back to Top 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 contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Trade Practices Act 1974
1 Subsection 82(1)
Omit "A person", substitute "Subject to subsection (1AAA), a person".
2 After subsection 82(1)
Insert:
(1AAA) 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; and
(c) the death or personal injury does not result from smoking or other use of tobacco products.
(1AAB) Divisions 2 and 7 of Part VIB apply to an action under subsection (1) for loss or damage a person suffers by conduct of another person to the extent to which:
(a) the action is 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; and
(c) the death or personal injury results from smoking or other use of tobacco products;
as if the action were a proceeding to which Part VIB applies.
Note 1: Division 2 of Part VIB deals with the limitation periods that apply for claims for damages or compensation for death or personal injury and, to the extent to which that Division is applied to the action by this subsection, it overrides subsection (2) of this section.
Note 2: Division 7 of Part VIB deals with structured settlements for claims for damages or compensation for death or personal injury.
3 At the end of section 82
Add:
(3) In this section:
smoking has the same meaning as in the Tobacco Advertising Prohibition Act 1992.
tobacco product has the same meaning as in the Tobacco Advertising Prohibition Act 1992.
4 Subsection 87(1)
Omit "Without", substitute "Subject to subsection (1AA) but without".
5 Subsection 87(1A)
Omit "Without", substitute "Subject to subsection (1AA) but without".
6 After subsection 87(1A)
Insert:
(1AA) 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; and
(c) the death or personal injury does not result from smoking or other use of tobacco products.
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.
(1AB) Division 2 of Part VIB applies to an application for an order under subsection (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; and
(c) the death or personal injury results from smoking or other use of tobacco products;
as if the proceeding in relation to the application were a proceeding to which Part VIB applies and as if the making of the application were the commencement of the proceeding.
Note: Division 2 of Part VIB deals with the limitation periods that apply for claims for damages or compensation for death or personal injury and, to the extent to which that Division is applied to the application by this subsection, it overrides subsection (1CA) of this section.
(1AC) Division 7 of Part VIB applies to a proceeding in which an order under subsection (1) or (1A) to compensate a person for loss or damage the person suffers by conduct of another person is made to the extent to which:
(a) the order is 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; and
(c) the death or personal injury results from smoking or other use of tobacco products;
as if the proceeding were a proceeding to which Part VIB applies.
Note: Division 7 of Part VIB deals with structured settlements for claims for damages or compensation for death or personal injury.
7 At the end of section 87
Add:
(7) In this section:
smoking has the same meaning as in the Tobacco Advertising Prohibition Act 1992.
tobacco product has the same meaning as in the Tobacco Advertising Prohibition Act 1992.
8 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.