NEW SOUTH WALES
TABLE OF PROVISIONS
1. Short title
2. Commencement
3. Report to be an aid to interpretation
4. Act binds Crown
5. Interpretation
6. Application of Act
7. Recovery of benefits conferred under mistake
8. Effect of changes in the law
RESTITUTION (MISTAKE OF LAW) BILL 1987
NEW SOUTH WALES
A BILL FOR
An Act to enable the restitution of benefits conferred under a mistake of law.
BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:
Short title
1. This Act may be cited as the "Restitution (Mistake of Law) Act 1987".
Commencement
2. (1) Sections 1 and 2 shall commence on the date of assent to this Act.
(2) Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor and notified by proclamation published in the Gazette.
Report to be an aid to interpretation
3. (1) It is the intention of Parliament that this Act is to give effect to recommendations made in a report of the Law Reform Commission laid before each House of Parliament, being the report on Restitution of Benefits Conferred under Mistake of Law, and accordingly, in the interpretation of this Act, regard may be had to that report, including the draft legislation set out in that report.
(2) Subsection (1) does not prevent regard being had, in the interpretation of this Act, to any matter to which regard might have been had if that subsection had not been enacted.
Act binds Crown
4. This Act binds the Crown, not only in right of New South Wales but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.
Interpretation
5. In this Act-
"benefit" includes the payment of money, the crediting of an account, the transfer of any real or personal property or of any interest in any real or personal property and the performance of any service.
Application of Act
6. (1) This Act applies to a benefit conferred under a mistake, whether the benefit was conferred before or after the commencement of this Act.
(2) This Act does not apply to a benefit in respect of which an order of a court has, before the commencement of this Act, been made.
(3) Nothing in this section affects the application of the Limitation of Actions (Recovery of Impost) Act 1963 or the Limitation Act 1969.
Recovery of benefits conferred under mistake
7. If relief in respect of any benefit conferred under mistake is sought in any proceedings before a court by any party to the proceedings and the relief could be granted if the mistake were wholly one of fact, the relief shall not be denied only because the mistake is one of law, whether or not it is in any degree also one of fact.
Effect of changes in the law
8. For the purposes of section 7, a person is not mistaken as to the law only because, after a benefit is conferred, the law is changed.
