Limitation Act 1985

This Act is the Limitation Act 1985.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

For example, the signpost definition ‘government—see the Legislation Act 2001, section 121 (Binding effect of Acts).’ means that the term ‘government’ is defined in that section and the definition applies to this Act.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act s 127 (1), (4) and (5) for the legal status of notes.

Nothing in this Act—

applies to an action or arbitration for which a limitation period is fixed by or under a law in force in the ACT other than this Act; or

applies to an action or arbitration to which a government is a party and for which, if it were between subjects, a period of limitation would be fixed by or under a law in force in the ACT other than this Act.

Nothing in this Act applies—

to a cause of action to recover land or an estate or interest in land or to enforce an equitable estate or interest in land; or

to an action in relation to goods that are stolen property unless the person against whom the action is instituted is an honest purchaser of the goods or a person claiming the goods through such a purchaser.

Nothing in this Act affects any equitable jurisdiction to refuse relief on the ground of acquiescence or otherwise.

For this Act, an action by a government entity is an action by the government.

This Act does not apply to an action by the Territory—

for the recovery of a penalty, tax or duty or of interest on a penalty, tax or duty; or

in relation to the forfeiture of a ship.

This Act does not affect the prerogative right of the Territory to mineral rights.

This section has effect despite the Legislation Act 2001, section 121 (Binding effect of Acts).

In this section:

government entity—see the Legislation Act 2001, section 121 (6).

mineral includes petroleum.

For this Act—

a person claims through someone else in relation to any property or right if the person is entitled to the property or a right by, through, under or by the act of the other person, but a person entitled to property or a right because of an appointment under a special power of appointment does not, because of the appointment, claim the property or right through the appointor; and

a thing done to or by or suffered by an agent is done to or by or suffered by the agent’s principal.

The provisions of this Act that relate to the date of accrual of a cause of action have effect for this Act but not for any other purpose.

Part 2 Periods of limitation and related matters

Division 2.1 Preliminary

The provisions of this part have effect subject to the provisions of part 3.

If, under each of 2 or more provisions of this part, an action is not maintainable if brought after a specified time, the action is not maintainable if brought after the earlier or earliest of those times.

Division 2.2 General

Subject to subsection (2), an action on any cause of action is not maintainable if brought after the end of a limitation period of 6 years running from the date when the cause of action first accrues to the plaintiff or to a person through whom he or she claims.

Subsection (1) does not apply to a cause of action in relation to which another limitation period is provided by this Act.