Proceedings and evidence—div 9.7 authorities
123 Proceedings and evidence—div 9.7 authorities
For a proceeding started before handover day and to which a division 9.7 authority is a party, the Territory is substituted as a party on the handover day.
A proceeding for a cause of action in relation to a division 9.7 authority may be brought against the Territory if, before handover day—
the cause of action had accrued against the authority; and
a proceeding had not started in relation to the cause of action; and
the limitation period for the cause of action had not ended.
The Limitation Act 1985, part 3 (Postponement of bar) applies to the starting of a proceeding that may be brought by or against the Territory under this section as if the cause of action had been accrued by, or had accrued against, the Territory.
The court or other entity in which, or before which, a proceeding may be or has been started or continued under this section may give directions about the proceeding.
Any evidence that would, before a division 9.7 authority ceased to exist, have been admissible for or against the authority is admissible for or against the Territory.
An order made in a proceeding by or against a division 9.7 authority before the handover day may, after the handover day, be enforced by or against the Territory.
In this section:
proceeding includes a proceeding by way of appeal or review (including review under the Ombudsman Act 1989).
This Act’s bill:Explanatory statement
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