Law Reform (Miscellaneous Provisions) Act 1968 (ACT)

LAW REFORM (MISCELLANEOUS PROVISIONS)

No. 10 of 1968

An Ordinance to amend the Law Reform (Miscellaneous

Provisions) Ordinance 1955-1965.

1.—(1.) This Ordinance may be cited as the Law Reform (Mis-

cellaneous Provisions) Ordinance 1968.*

(2.) The Law Reform (Miscellaneous Provisions) Ordinance 1955-

1965     is in this Ordinance referred to as the Principal Ordinance.

(3.) The Principal Ordinance, as amended by this Ordinance, may

be cited as the Law Reform	{Miscellaneous	Provisions)	Ordinance
1955-1968.

2 . Section 5 of the Principal Ordinance is amended by omitting from sub-paragraph (i) of paragraph (c) the words " a sum in respect of funeral expenses " and inserting in their stead the words " the reason­ able expenses of burial or cremation ".

3 . Section 6 of the Principal Ordinance is repealed and the following section inserted in its stead:—

" 6 .—(1.) No proceedings are maintainable in respect of a cause of action in tort which, by virtue of this Part, has survived against the estate of the deceased person unless—

(a)	proceedings against him in respect of that cause of action were pending on the date of his death;
(b)	proceedings are taken in respect of the cause of action not later than twelve months after his executor or administrator was granted probate or letters of administration or within such further period as the Supreme Court, on an applica­ tion made, either before or after the expiration of that period, allows; or
(c)	in the case of a cause of action referred to in the next
Ordinance N o . 3, 1955, as amended by N o . 14, 1965.

succeeding section, the proceedings are commenced within the period of twelve months after the date upon which the damage was suffered or after the date on which the executor or administrator of the deceased person was granted probate or letters of administration, whichever is the later.

" (2.) The last preceding sub-section does not operate so as to permit the commencement of proceedings against the estate of a deceased person at any time after his death if the proceedings could not, by reason of any law relating to the limitation of actions, have been commenced against the deceased person at the time of his death.

• Made on 7 June 1968; notified in the Commonwealth Gazette and commenced on 13 June 1968.

" (3 . ) For the purposes of paragraph (c) of sub-section (1.) of

this section, the damage to which an action in respect of the death of

a person under the Compensation (Fatal Injuries) Ordinance 1968

relates shall be deemed to have been suffered on the day of the death
of that person.".

4. Section 8 of the Principal Ordinance is amended by omitting from sub-section (1.) the words "rights conferred on dependants of deceased persons by the Compensation (Fatal Injuries) Ordinance 1938 " and inserting in their stead the words " rights conferred bv the

Compensation (Fatal Injuries) Ordinance 1968" .

5. Section 10 of the Principal Ordinance is amended by omitting paragraph (a).

6. Section 11 of the Principal Ordinance is amended by omitting from sub-section (3.) the words " or for the benefit of the estate, or of the wife, husband, brother, sister, half-brother, half-sister, parent or child, of that person " and inserting in their stead the words " or for the benefit of the estate of that person, or for the benefit of the person or persons for whose benefit an action may be brought under the Com­ pensation (Fatal Injuries) Ordinance 1968 in respect of the death of that person,".

7. Section 14 of the Principal Ordinance is amended by omitting from sub-section (1.) the definition of " dependant ".

8. Section 16 of the Principal Ordinance is amended by omitting

sub-section (2 . ) .

9.   Notwithstanding the amendments made by this Ordinance—

(a) Part II. of the Principal Ordinance continues to apply to and in relation to a cause of action that has survived under that Part by reason of the death of a person before the date of commencement of this Ordinance; and

(b) Part IV. of the Principal Ordinance continues to apply to and in relation to damage suffered, and to the death of a person that occurred, before the date of commencement of this Ordinance.

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