Apportionable claims to which Act applies
4 Apportionable claims to which Act applies
(1) This Act applies in relation to an apportionable claim if the loss or damage that is the subject of the claim occurs wholly or partly after the commencement of this Act.
An apportionable claim is:
(a) a claim for damages (whether in tort, in contract, under a statute or otherwise) arising from a failure to take reasonable care; or
(b) a claim in respect of loss or damage arising from a contravention of section 18 of the Australian Consumer Law (NT).
However, none of the following is an apportionable claim:
a claim arising from a personal injury;
(b) a claim arising from a contravention of Part 3-3 or 3-4 of the Australian Consumer Law (NT);
(c) a claim specified by the Regulations not to be an apportionable claim.
(4) The Regulations may specify that a claim or class of claims is not an apportionable claim.
In this section:
Australian Consumer Law (NT) means the provisions applying as a law of the Territory because of Part 4 of the Consumer Affairs and Fair Trading Act 1990.
This Act’s bill:Explanatory statementSecond reading speech
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