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Thursday, 24 June 2004
Page: 31675

Message received from the Senate returning the bill and acquainting the House that the Senate does not insist on its amendments disagreed to by the House and requests the concurrence of the House on amendments made in place of those amendments.

Ordered that the amendments be considered forthwith.

Senate's amendments—

(1) Schedule 1, item 9, page 6 (after line 6), after the definition of quarter, insert:

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.

(2) Schedule 1, item 9, page 6 (lines 7 to 12), omit section 87E, substitute:

87E Proceedings to which this Part applies

(1) This Part applies to proceedings taken under this Act:

(a) that relate to Part IVA, to Division 1A or 2A of Part V or to Part VA; and

(b) in which the plaintiff is seeking an award of personal injury damages; and

(c) that are not proceedings in respect of the death of or personal injury to a person resulting from smoking or other use of tobacco products.

(2) However, for the purposes of Divisions 2 and 7, paragraph (1)(c) does not apply.

(3) Schedule 1, item 9, page 6 (after line 20), after subsection 87F(1), insert:

(1A) However, paragraph (1)(b) does not apply in relation to a proceeding in respect of the death of or personal injury to a person resulting from smoking or other use of tobacco products.

(4) Schedule 1, item 9, page 6 (line 21) to page 7 (line 2), omit subsection 87F(2), substitute:

(2) This diagram shows when this Division prevents an award of personal injury damages.