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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Fatal Accidents Amendment Bill 2008 CONTENTS 1. Short title 2 2. Commencement 2 3. The Act amended 2 4. Section 5 amended 2 5. Section 10 repealed 3 274--2 page i Western Australia LEGISLATIVE ASSEMBLY (As amended during consideration in detail) Fatal Accidents Amendment Bill 2008 A Bill for An Act to amend the Fatal Accidents Act 1959. The Parliament of Western Australia enacts as follows: page 1 Fatal Accidents Amendment Bill 2008 s. 1 1. Short title This is the Fatal Accidents Amendment Act 2008. 2. Commencement This Act comes into operation on the day on which it receives 5 the Royal Assent. 3. The Act amended The amendments in this Act are to the Fatal Accidents Act 1959. 4. Section 5 amended 10 (1) Section 5(2) is amended by deleting the full stop and inserting instead -- " ; (d) any damages for the pain or suffering of the 15 deceased person or for any bodily or mental harm suffered by the deceased person or for the curtailment of the deceased person's expectation of life that, because of the Law Reform (Miscellaneous Provisions) Act 1941 20 section 4(2a), are recovered or recoverable for the benefit of the deceased person's estate. ". (2) After section 5(2) the following subsection is inserted -- " 25 (3) Subsection (2)(d) applies to an action that is, or could be, brought under this Act whether the cause of action accrues before, on or after the day on which the Fatal page 2 Fatal Accidents Amendment Bill 2008 s. 5 Accidents Amendment Act 2008 commences ("commencement day") but does not apply to -- (a) an action that was finalised before commencement day by a judgment of a court or 5 by agreement of the parties to the action; or (b) a claim, in respect of an action that could have been brought under this Act, that was finalised before commencement day by agreement of the parties to the prospective action. 10 ". 5. Section 10 repealed Section 10 is repealed.
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