Extension of limitation period in case of disability
23 Extension of limitation period in case of disability
Heading preceding s. 23 substituted as Pt 2 Div. 1 (Heading) by No. 76/2004 s. 4(2)(a).
No. 5914 s. 23.
S. 23(1) amended by No. 52/2002 s. 3(4).
If on the date when any right of action accrued for which a period of limitation is prescribed by this Act the person to whom it accrued was under a disability, the action may be brought at any time before the expiration of six years, or in the case of any action for which a less number of years is prescribed by this Act (except under section 5(1AA) or (1A)) as the period of limitation then such less number of years, from the date when the person ceased to be under a disability or died whichever event first occurred notwithstanding that the period of limitation has expired:
Provided that—
this subsection shall not affect any case where the right of action first accrued to some person (not under a disability) through whom the person under a disability claims;
when a right of action which has accrued to a person under a disability accrues, on the death of that person while still under a disability, to another person under a disability, no further extension of time shall be allowed by reason of the disability of the second person;
no action to recover land or money charged on land shall be brought by virtue of this subsection by any person after the expiration of thirty years from the date on which the right of action accrued to that person or some person through whom he claims;
this subsection shall not apply to any action to recover a penalty or forfeiture, or sum by way thereof, by virtue of any enactment, except where the action is brought by an aggrieved party.
S. 23(1)(e) repealed by No. 9884 s. 4.
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S. 23(1A) inserted by No. 60/2003 s. 12.
Subsection (1) does not apply to a right of action to which Part IIA applies.
Any time during which it was not reasonably practicable for a person to commence any action by reason of any war or circumstances arising out of any war in which the Commonwealth of Australia is or was engaged shall be excluded in computing the period prescribed by this Act for the commencement of that action; and the said period shall not be deemed to expire before the end of twelve months from the date when it became reasonably practicable to commence the action.
Heading preceding s. 23A inserted by No. 8300 s. 3, substituted as Pt 2 Div. 2 (Heading) by No. 76/2004 s. 4(2)(b).
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