Choice of Law (Limitation Periods) Act 1996 (Qld)

Choice of Law (Limitation Periods) Act 1996

An Act about limitation periods for choice of law purposes

1 Short title This Act may be cited as the Choice of Law (Limitation Periods) Act 1996.

2 Commencement This Act commences on a day to be fixed by proclamation.

3 Application (1) This Act applies to a cause of action that arose before the commencement of this Act but does not apply to a proceeding started before the commencement. (2) This Act does not apply to New Zealand until it is declared under a regulation to apply. (3) If— (a) the substantive law of New Zealand is to govern a claim before a court of the State; and (b) a proceeding on the claim is started before the declaration takes effect; this Act does not apply to the proceeding.

4 Definitions In this Act— court includes arbitrator. limitation law means a law that provides for the limitation or exclusion of any liability or the barring of a right of action for a claim by reference to the time when a proceeding on, or the arbitration of, the claim is started. relevant place means another State, a Territory or New Zealand.

5 Characterisation of limitation laws If the substantive law of a relevant place is to govern a claim before a court of the State, a limitation law of the relevant place is to be regarded as part of that substantive law and applied accordingly by the court.

6 Exercise of discretion under limitation law If a court of the State exercises a discretion conferred under a limitation law of a relevant place, the discretion, as far as practicable, is to be exercised in the way in which it is exercised in comparable cases by the courts of the relevant place.

7 Regulation-making power The Governor in Council may make regulations under this Act.