Civil Liability Amendment Act 2003 (TAS)

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Civil Liability Amendment Act 2003

An Act to amend the Civil Liability Act 2002 , the Fair Trading Act 1990 and the Wrongs Act 1954

[Royal Assent 4 July 2003]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Civil Liability Amendment Act 2003 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. 3Principal ActIn this Act, the Civil Liability Act 2002 is referred to as the Principal Act. 4Section 3 substituted Section 3 of the Principal Act is repealed and the following sections are substituted: 3Interpretation In this Act, unless the contrary intention appears – court includes tribunal and, in relation to a claim for damages, means any court or tribunal by or before which the claim falls to be determined; damages includes any form of monetary compensation; duty means – (a) a duty of care in tort; or (b) a duty of care under contract that is co-extensive with a duty of care in tort; or (c) another duty under statute or otherwise that is co-extensive with a duty of care referred to in paragraph (a) or (b) ; non-economic loss means any one or more of the following: (a) pain or suffering; (b) loss of amenities of life; (c) loss of enjoyment of life; (d) curtailment of life expectancy; (e) bodily or mental harm; personal injury includes – (a) pre-natal injury; and (b) impairment of a person’s physical or mental condition; and (c) disease. 3AProvisions relating to operation of Act (1) This Act does not create or confer any cause of civil action for the recovery of damages. (2)  A provision of this Act that gives protection from civil liability does not limit the protection from liability given by another provision of this Act or by another Act or law. (3)  This Act, other than Part 7 , does not prevent the parties to a contract from making express provision for their rights, obligations and liabilities under the contract in relation to any matter to which this Act applies and does not limit or otherwise affect the operation of such an express provision. (4)  Subsection (3) extends to any provision of this Act even if the provision applies to liability in contract. (5) This Act is not a codification of the law relating to civil claims for damages for harm. 3BCivil liability excluded from Act (1)  This Act does not apply to or in respect of civil liability – (a) in respect of an intentional act that is done with intent to cause injury or death or that is sexual assault or other sexual misconduct; or (b) relating to an award of damages for personal injury or death where the injury or death concerned resulted from smoking or other use of tobacco…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.