Limitation Act 1974 (TAS)

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Limitation Act 1974

An Act to consolidate with amendments certain enactments relating to the limitation of actions and arbitrations

[Royal Assent 24 January 1975]

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:

PART IPreliminary1Short title and commencement (1)  This Act may be cited as the Limitation Act 1974 . (2)  This Act shall commence on 1st January 1975. 2Interpretation (1)  In this Act, unless the contrary intention appears – action includes any proceeding in a court of law; [Section 2 Subsection (1) amended by No. 66 of 2004, s. 4, Applied:01 Jan 2005] [Section 2 Subsection (1) amended by No. 52 of 2017, s. 4, Applied:01 Jul 2018] [Section 2 Subsection (1) amended by No. 66 of 2004, s. 4, Applied:01 Jan 2005] date of discoverability, in the case of an action for damages for personal injuries, means the date when the plaintiff knew or ought to have known that personal injury or death – (a) had occurred; and (b) was attributable to the conduct of the defendant; and (c) in the case of personal injury, was sufficiently significant to warrant bringing proceedings; land includes corporeal hereditaments and rentcharges, and any legal or equitable estate or interest therein, including an interest in the proceeds of the sale of land held upon trust for sale, but, save as aforesaid, does not include an incorporeal hereditament; legal owner, in relation to settled land, means the tenant for life within the meaning of the Settled Land Act 1884 having a legal estate therein; parent, in relation to an infant, includes a person appointed, according to law, to be his guardian by deed or will, or by order of a court of competent jurisdiction; [Section 2 Subsection (1) amended by No. 52 of 2017, s. 4, Applied:01 Jul 2018] personal injury includes any disease and any impairment of a person’s physical or mental condition; personal property does not include chattels real; rent includes a rentcharge and rentservice; rentcharge means any annuity or periodical sum of money charged upon or payable out of land, except a rentservice or interest on a mortgage of land; settled land has the same meaning as it has for the purposes of the Settled Land Act 1884 ; tenant for life, in relation to settled land, has the same meaning as it has for the purposes of the Settled Land Act 1884 and includes any person having the powers of a tenant for life under that Act; trust and trustee have the same meanings as they have for the purposes of the Trustee Act 1898 . (2)  [Section 2 Subsection (2) amended by No. 3 of 1991, s. 7 and Sched. 1 ]For the purposes of this Act a person is deemed to be under disability while – (a) he is an infant; (b) he is incapable, by reason…

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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.