Certain rights of member or dependant preserved
61 Certain rights of member or dependant preserved
The right of a member or of his or her dependant to commence a proceeding, or to enforce a right, exercise a power or pursue a remedy, in relation to a liability to which this Part applies, is not barred during the preservation period:
by the end of a period of limitation fixed by a Commonwealth, State or Territory law; or
by an instrument with respect to the right.
The proceeding may be commenced, and the right enforced, power exercised or remedy pursued, at any time before the end of the preservation period.
It does not matter whether the right arose or arises before or after the commencement of this Act.
This section also applies in relation to a person who became or becomes a member or dependant of a member after the right arose.
In this section:
preservation period means the combined consecutive periods of the member’s absence on defence service (disregarding paragraph 24A(c)) and the member’s protected period.
This Act’s bill:Explanatory memorandumSecond reading speech
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