Civil Law (Wrongs) Amendment Act 2003 (ACT)

AUSTRALIAN CAPITAL TERRITORY

Civil Law (Wrongs) Amendment Act 2003

A2003-6

An Act to amend the Civil Law (Wrongs) Act 2002, and for other purposes

Notified under the Legislation Act 2001 on 27 March 2003

(see Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1Preliminary

1. Name of Act

   This Act is the Civil Law (Wrongs) Amendment Act 2003.

2. Commencement

   This Act commences on the day after its notification day.

Part 2Civil Law (Wrongs) Act 2002

1. Act amended

   This part amends the Civil Law (Wrongs) Act 2002.

2. New part 3.3

   insert

Part 3.3Temporary exclusion of liability for terrorism-associated risks

31AMeaning of act of terrorism for pt 3.3

1. In this part:

   act of terrorism means the use or threat of action if—

   (a)the action falls within subsection (2); and

   (b)the use or threat is designed to influence a government or to intimidate the public or a section of the public; and

   (c)the use or threat is made for the purpose of advancing a political, religious or ideological cause.

2. Action falls within this subsection if it—

   (a)involves serious violence against a person; or

   (b)involves serious damage to property; or

   (c)endangers a person’s life, other than that of the person committing the action; or

   (d)creates a serious risk to the health or safety of the public or a section of the public; or

   (e)is designed seriously to interfere with or seriously to disrupt an electronic system.

3. The use or threat of action falling within subsection (2) that involves the use of firearms or explosives is terrorism whether or not subsection (1) (b) is satisfied.

4. In this section:

   action includes action outside the ACT or Australia.

   government includes the government of another Australian jurisdiction or a foreign country.

   person means a person anywhere, whether in or outside the ACT or Australia.

   property means property located anywhere, whether in or outside the ACT or Australia.

   public includes the public of a place outside the ACT or Australia.

31BLimitation of liability for acts of terrorism

1. There is no right of action for death or injury (or both) arising out of the use of a motor vehicle if the death or injury (or both) are caused by an act of terrorism committed before 1 October 2004.

2. Subsection (1) does not remove the liability—

   (a)of someone who commits or promotes the act of terrorism; or

   (b)of an employer to pay compensation under the Workers Compensation Act 1951 (or any corresponding law of the Commonwealth, a State or another Territory) to a worker.

3. This section applies despite the Road Transport (General) Act 1999, section 169 (1) (Indemnification of insured persons).

31CExpiry of pt 3.3

This part expires on 31 December 2004.

Part 3Road Transport (General) Act 1999

1. Act amended

   This part amends the Road Transport (General) Act 1999.

2. Sections 171 and 180 (1), new note

   insert

   NoteThe Civil Law (Wrongs) Act 2002, pt 3.3 abolishes liability for death or injury caused by acts of terrorism if the death or injury arises out of the use of a motor vehicle and the act of terrorism is committed before 1 October 2004.

3. New section 236

   insert

4. Expiry of certain notes

   This section and the notes to sections 171 and 180 (1) expire on  31 December 2004.

Endnote

Republications of amended laws

For the latest republication of amended laws, see align="center">[Presentation speech made in Assembly on 26 September 2002]

I certify that the above is a true copy of the Civil Law (Wrongs) Amendment Bill 2003 which originated in the Assembly as the Civil Law (Wrongs) Amendment Bill 2002 and was passed by the Legislative Assembly on 4 March 2003.

Clerk of the Legislative Assembly

© Australian Capital Territory 2003