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Tuesday, 2 December 2003
Page: 23452

Bill returned from the Senate with amendments.

Ordered that the amendments be considered forthwith.

Senate's amendments—

(1) Schedule 1, item 2, page 3 (lines 9 to 15), omit subsection 82(1A), substitute:

(1A) Where a person suffers loss or damage by conduct of another person, and:

(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;

in awarding damages under this section, the amount of damages recoverable must not exceed the amount of damages recoverable under the civil liability law of the State or Territory where the event giving rise to the loss or damage occurred or the State or Territory which had the closest connection to the event giving rise to the loss or damage.

Note: An example of a relevant law of a State is the Civil Liability Act 2002 of NSW.

(1B) In circumstances where subsection (1A) applies, 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 this section to the extent to which the death or personal injury is attributable to any act or omission of the person who suffered the loss or damage.

(2) Schedule 1, item 5, page 3 (lines 22 to 31), omit subsection 87(1AB), substitute:

(1AB) Where a person suffers loss or damage by conduct of another person, and:

(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;

the amount of damages recoverable under this section must not exceed the amount of damages recoverable under the civil liability law of the State or Territory where the event giving rise to the loss or damage occurred or the State or Territory which had the closest connection to the event giving rise to the loss or damage.

(1AC) In circumstances where subsection (1AB) applies, 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 this section to the extent to which the death or personal injury is attributable to any act or omission of the person who suffered the loss or damage.