Federal Register of Legislation
Trade Practices Amendment (Personal Injuries and Death) Act (No. 2) 2004
No. 113, 2004
An Act to amend the Trade Practices Act 1974, and for related purposes
Contents 1 Short title 2 Commencement 3 Schedule(s)
Schedule 1—Amendments Trade Practices Act 1974
Trade Practices Amendment (Personal Injuries and Death) Act (No. 2) 2004
No. 113, 2004
An Act to amend the Trade Practices Act 1974, and for related purposes
[Assented to 13 July 2004]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Trade Practices Amendment (Personal Injuries and Death) Act (No. 2) 2004.
2 Commencement
This Act commences on the day on which it receives the Royal Assent.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Trade Practices Act 1974
1 Subsection 4(1) Insert:
personal injury has (except in section 68B) a meaning affected by section 4KA.
2 After section 4K Insert:
4KA Personal injury
In this Act (except in section 68B):
personal injury includes: (a) pre‑natal injury; or (b) impairment of a person's physical or mental condition; or (c) disease; but does not include an impairment of a person's mental condition unless the impairment consists of a recognised psychiatric illness.
3 At the end of subsection 74J(3) Add:
Note: Part VIB restricts awards of compensation for death or personal injury, and sets out time limits for commencing actions for compensation for death or personal injury.
4 At the end of Division 2A of Part V Add:
74M The effect of Part VIB on this Division
This Division has effect subject to Part VIB.
5 At the end of subsection 75AO(2) Add:
Note: Part VIB restricts awards of compensation for death or personal injury, and sets out time limits for commencing actions for compensation for death or personal injury.
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