Trade Practices Amendment (Personal Injuries and Death) Act 2006

Administered by Department of the Treasury

Legislation au C2006A00011 In force Act

Select Document

No. 11, 2006

An Act to amend the Trade Practices Act 1974, and for related purposes

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Amendments

Trade Practices Act 1974

Trade Practices Amendment (Personal Injuries and Death) Act 2006

No. 11, 2006

An Act to amend the Trade Practices Act 1974, and for related purposes

[Assented to 23 March 2006]

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Trade Practices Amendment (Personal Injuries and Death) Act 2006.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table	The day on which this Act receives the Royal Assent.	23 March 2006
2. Schedule 1	The 28th day after the day on which this Act receives the Royal Assent.	20 April 2006

Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

Trade Practices Act 1974

1 Subsection 82(1)

Omit “A person”, substitute “Subject to subsection (1AAA), a person”.

2 After subsection 82(1)

Insert:

(1AAA) A person who suffers loss or damage by conduct of another person may not recover the amount of the loss or damage by an action under subsection (1) to the extent to which:

(a) the action would be based on the conduct contravening a provision of Division 1 of Part V; and

(b) the loss or damage is, or results from, death or personal injury; and

(1AAB) Divisions 2 and 7 of Part VIB apply to an action under subsection (1) for loss or damage a person suffers by conduct of another person to the extent to which:

(a) the action is based on the conduct contravening a provision of Division 1 of Part V; and

(b) the loss or damage is, or results from, death or personal injury; and

as if the action were a proceeding to which Part VIB applies.

Note 1: Division 2 of Part VIB deals with the limitation periods that apply for claims for damages or compensation for death or personal injury and, to the extent to which that Division is applied to the action by this subsection, it overrides subsection (2) of this section.

Note 2: Division 7 of Part VIB deals with structured settlements for claims for damages or compensation for death or personal injury.

3 At the end of section 82

Add:

(3) In this section:

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.

4 Subsection 87(1)

Omit “Without”, substitute “Subject to subsection (1AA) but without”.

5 Subsection 87(1A)

Omit “Without”, substitute “Subject to subsection (1AA) but without”.

6 After subsection 87(1A)

Insert:

(1AA) The Court may not make an order under subsection (1) or (1A) to compensate a person for loss or damage the person suffers by conduct of another person to the extent to which:

(a) the order would be based on the conduct contravening a provision of Division 1 of Part V; and

(b) the loss or damage is, or results from, death or personal injury; and

Note: As a result, the Commission will not be able to apply on the person’s behalf under paragraph (1A)(b) for an order in relation to the loss or damage.

(1AB) Division 2 of Part VIB applies to an application for an order under subsection (1A) to compensate a person for loss or damage the person suffers by conduct of another person to the extent to which:

(a) the order would be based on the conduct contravening a provision of Division 1 of Part V; and

(b) the loss or damage is, or results from, death or personal injury; and

as if the proceeding in relation to the application were a proceeding to which Part VIB applies and as if the making of the application were the commencement of the proceeding.

Note: Division 2 of Part VIB deals with the limitation periods that apply for claims for damages or compensation for death or personal injury and, to the extent to which that Division is applied to the application by this subsection, it overrides subsection (1CA) of this section.

(1AC) Division 7 of Part VIB applies to a proceeding in which an order under subsection (1) or (1A) to compensate a person for loss or damage the person suffers by conduct of another person is made to the extent to which:

(a) the order is based on the conduct contravening a provision of Division 1 of Part V; and

(b) the loss or damage is, or results from, death or personal injury; and

as if the proceeding were a proceeding to which Part VIB applies.

Note: Division 7 of Part VIB deals with structured settlements for claims for damages or compensation for death or personal injury.

7 At the end of section 87

Add:

(7) In this section:

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.

8 Application

The amendments made by this Schedule apply in relation to contraventions of Division 1 of Part V of the Trade Practices Act 1974 that occur after this Schedule commences.

[Minister’s second reading speech made in—

House of Representatives on 9 December 2004

Senate on 15 September 2005]

(239/04)

Overview

The Trade Practices Amendment (Personal Injuries and Death) Act 2006 was enacted to amend the Trade Practices Act 1974, addressing issues concerning personal injuries and death resulting from conduct that contravenes certain provisions of the Act. This amendment was introduced by the Parliament of Australia with the intent to clarify and modify the circumstances under which compensation can be sought for personal injuries and death. The Act was assented to on 23 March 2006, with the amendments taking effect from 20 April 2006. The primary objective of this amendment is to ensure that compensation claims related to personal injuries and death, particularly those resulting from smoking or the use of tobacco products, are managed under specific legal provisions that govern limitation periods and structured settlements for such claims.

Scope and Application

The Trade Practices Amendment (Personal Injuries and Death) Act 2006 amends the Trade Practices Act 1974, impacting both individuals and entities within Australia, particularly in relation to conduct that leads to death or personal injury. The Act restricts the ability of individuals to recover loss or damage through actions under subsection 82(1) if the injury is not caused by smoking or other use of tobacco products. Conversely, it ensures that claims resulting from death or personal injury caused by smoking or other tobacco use are governed by specific limitation periods and structured settlements as outlined in Divisions 2 and 7 of Part VIB of the Trade Practices Act 1974. The Act applies to contraventions of Division 1 of Part V of the Trade Practices Act 1974 that occur after the Act's commencement, thus extending its jurisdictional reach across the Commonwealth of Australia. The provisions of this Act are subject to further clarification and expansion through subordinate instruments, ensuring its adaptability to changing legal and social contexts.

Key Provisions

The Trade Practices Amendment (Personal Injuries and Death) Act 2006 amends the Trade Practices Act 1974, primarily affecting the recovery of loss or damage by individuals due to the conduct of another person. The operative sections include the amendment of subsection 82(1) to include a new subsection (1AAA) that restricts the ability of a person to recover damages for death or personal injury not resulting from smoking or other tobacco use if the conduct contravenes a provision of Division 1 of Part V (Section 1). Additionally, it inserts subsection (1AAB) which applies Divisions 2 and 7 of Part VIB to actions based on conduct that contravenes the same provision, but for death or personal injury resulting from smoking or tobacco use (Section 1). Under this Act, the parties or entities it governs are required to adhere to the limitations and conditions set forth in the amended Trade Practices Act 1974. Specifically, they must consider the restrictions on recovering damages for personal injury or death not caused by smoking or tobacco use (Section 1). Furthermore, they must apply the provisions of Divisions 2 and 7 of Part VIB to claims involving death or personal injury from smoking or tobacco use (Section 1). The Act imposes specific offences and penalties for non-compliance. For example, if a person attempts to recover damages for death or personal injury not caused by smoking or tobacco use, they may be subject to restrictions on their ability to seek compensation through legal action (Section 1AAA). Similarly, if an order for compensation is sought for such cases, the Court is prohibited from making such an order (Section 1AA). Non-compliance with these provisions may result in the denial of compensation claims, with potential civil consequences for the aggrieved party. However, the Act does not specify monetary penalties or other specific sanctions for breaches.

Area of Law: Commercial Law
Instrument: Act
Concepts: Commencement Provisions; Repeal & Amendment; Offence Provisions

Interactions

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.

Legislation content

Overview

Scope and Application

Key Provisions

Legal classification tags

Interactions

Authorises

All Versions