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s 21A

Transitional: application of section 16 on commencement of Law Reform (Miscellaneous Provisions) Amendment Act 2001

In force
Part VContributory negligence

21A Transitional: application of section 16 on commencement of Law Reform (Miscellaneous Provisions) Amendment Act 2001

(1)

This section applies subject to section 21.

(2)

Subject to subsection (3), section 16 as in force on and after the commencement of the Law Reform (Miscellaneous Provisions)

Amendment Act 2001 applies to a wrong committed before that commencement as if that Act were in force when the wrong was committed.

(3)

Section 16 as in force before the commencement of the Law

Reform (Miscellaneous Provisions) Amendment Act 2001 continues after that commencement to apply, as if that Act had not commenced, to a wrong committed before that commencement about which:

(a)

legal proceedings were commenced before that commencement (whether or not the legal proceedings are finally determined, subject to appeal or discontinued or otherwise not proceeded with before or after that commencement); or

(b)

the persons responsible for the damage had before that commencement entered into an agreement (including an agreement about liability only) to settle claims arising from the wrong.

(4)

For the avoidance of doubt concerning the application of subsection (3)(a), the following legal proceedings are to be determined as if the Law Reform (Miscellaneous Provisions)

Amendment Act 2001 had not commenced:

(a)

legal proceedings referred to in subsection (3)(a);

(b)

any other legal proceedings that are about the wrong the subject of legal proceedings referred to in subsection (3)(a) and that are commenced after those legal proceedings (whether before or after the commencement of the Law Reform (Miscellaneous Provisions)

Amendment Act 2001).

Part VI Common employment

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Section 21A — Transitional: application of section 16 on commencement of Law Reform (Miscellaneous Provisions) Amendment Act 2001 — Law Reform (Miscellaneous Provisions) Act 1956 (Northern Territory) — Barrister AI