A BILL

To repeal or amend certain enactments relating to notice of action, limitation of actions and tender of amends; and for purposes connected therewith.

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:-

1. This Act may be cited as the “Notice of Action and Other Privileges Abolition Act, 1975”.	Short title.
2. This Act shall commence upon,a day to be appointed by the Governor and notified by proclamation published in the Gazette.	Commencement.
3. (1) So much of any Act (except the Limitation Act, 1969) as enacts that in relation to any proceeding to which the Limitation Act, 1969, applies-	Repeal and amendment of enactments. 1893 c.61, s.2.
(a) the proceeding is to be commenced within any particular time;
(b) notice of action is to be given; or
(c) tender of amends before action is to be a defence - is repealed.
(2) In particular, each Act specified in column 1 of the Schedule to this Act is amended as specified opposite that Act in column 2 of the Schedule.
4. (1) This Act does not affect proceedings pending at the commencement of this Act.	Saving. 1893 c.61, s.2.
(2) This Act does not affect the operation of-
(a) section 63 of the Worker’s Compensation Act, 1926;
(b) section 15 or section 26 of the Motor Vehicles (Third Party Insurance) Act, 1942;
(c) Division 8 of Part III of the Defamation Act, 1974.
(3) Section 3 (1) does not affect the general law relating to tender before action of a debt or Equidated sum.

 

Schedule
Amendment of Acts
 

Year and number of Act	Short title	Amendment
1896, 60 Vic. No.23.	Municipal Council of Sydney Electric Lighting Act, 1896	Section 38- Omit the section.
1897, No.25	Quarantine Act, 1897	Section 37 (III)- Omit the subsection.
1898, No.46	Seamen’s Act, 1898	Section 111(1)- Omit the words “, and unless such action is commenced within three months”.
1899, No.24	Stage-carriages Act, 1899	Section 14- Omit the section.
1900, No.25	Real Propery Act, 1900	Section 128- Omit the section.
1900, No.40	Crimes Act, 1900	Section 130 (1) and (2)- Omit the subsections
1901, No.5	Police Offences Act, 1901	Section 563- Omit the section.
1901, No.12	Obscene and Indecent Publications Act, 1901	Section 114- Omit the section.
1901, No.28	Hawkers and Pedlers Act, 1901	Sections 17 and 18- Omit the sections.
1901, No.64	Prevention of Cruelty to Animals Act, 1901	Section 26- Omit the section.
1902, No.27	Justices Act, 1902	Section 12 (1)- Omit the words “, except that the time limited for commencing any such action shall be three months next after the act complained of was committed”.
		Section 139- Omit the section.
		Section 141 (1)-
		Omit the subsection.
		Section 141 (2)- Omit the words “if he has not made any tender as aforesaid or in addition to such tender,”.
1902, No.66	Pawnbrokers Act, 1902	Section 45- Omit the section.
1909, No.9	Fire Brigades Act, 1909	Section 47- Omit the section.
1912, No.24	Inebriates Act, 1912	Section 31 (2)- Omit the subsection.
1912, No.25	Gaming and Betting Act, 1912	Sections 57 and 58- Omit the sections.
1912, No.30	Government Railways Act, 1912	Sections 143, 144 and 146- Omit the sections.
1912, No.42	Liquor Act, 1912	Section 171- Omit the section.
1912, No.44	Water Act, 1912	Section 54 (1)- Omit the words “within three Month thereafter”
1912, No.73	Irrigation Act, 1912	Sections 17B, 17c and 17D- Omit the sections
1913, No.7	Crown Lands Consolidation Act, 1913	Section 249- Omit the section.
1915, No.29	City and Suburban Electric Railways Act, 1915	Section 12 (2)- Omit the subsection.
1919, No.41	Local Government Act, 1919	Section 580- Omit the section.
1922, No.28	Sydney Harbour Bridge Act, 1922	Section 19 (2) and (3)- Omit the subsections.
1924, No.50	Metropolitan Water, Sewerage and Drainage Act, 1924	Section 132 (3) (b)- Omit the paragraph.
1930, No.18	Transport Act, 1930	Section 232 (2)- Omit the subsection.
1932, No.3	Ministry of Transport Act, 1932	Sections 233 and 235- Omit the sections.
19332, No.31	Transport (Division of Functions) Act, 1932	Sections 16, 17 and 19- Omit the sections.
1935, No.47	Maritime Services Act, 1935	Sections 27, 28 and 30- Omit the sections.
1935, No.58	Fisheries and Oyster Farms Act, 1935	Section 40- Omit the section.
1938, No.11	Hunter District Water, Sewerage Act, 1938	Section 108- Omit the section.
1938, No.20	Broken Hill Water and Sewerage Act, 1938	Section 135 (3) (b)- Omit the paragraph.
1939, No.17	Child Welfare Act, 1939	Section 126 (3)- Omit the subsection. Section 158 (2)- Omit the subsection. Section 158 (3)- Omit the words “, or that the suit or action was commenced after the expiration of the six months aforesaid”.
1950, No.22	Electricity Commission Act, 1950	Section 100- Omit the section.
1951, No.11	Sydney Harbour Transport Act, 1951	Section 34- Omit the section.
1952, No.9	Prisons Act, 1952	Section 47- Omit the section.
1954, No.36	Grain Elevators Act, 1954	Section 56- Omit the section.
1963, No.44	Cobar Water Supply Act, 1963	Section 48 (3)- Omit the subsection.
1963, No.59	State Planning Authority Act, 1963	Section 70- Omit the section.
1968, No.11	Sydney Farm Produce Market Authority Act, 1968	Section 44- Omit the section.
1968, No.56	Sydney Cove Redevelopment Authority Act, 1968	Section 53- Omit the section.
1970, No.11	Court of Petty Sessions (Civil Claims) Act, 1970	Section 10- Omit the section.
1970, No.22	Land Development Contribution Management Act, 1970	Section 16 (2)- Paragraphs (b) and (c)- Omit the paragraphs. Paragraph (d)- Omit the words “the application is made, within twelve months after the date of revocation and unless”.
1970, No.29	Dairy Industry Authority Act, 1970	Section 81- Omit the section.
1970, No.95	State Pollution Control Commission Act, 1970	Section 30- Omit the section.
1970, No.96	Summary Offences Act, 1970	Section 65- Omit the section.
1970, No.97	Waste Disposal Act, 1970	Section 54- Omit the section.
1971, No.16	Builders Licensing Act, 1971	Section 58- Omit the section.
1972, No.15	Ambulance Service Act, 1972	Section 54- Omit the section.
1972, No.53	Public Transport Commission Act, 1972	Section 29- Omit the section.
1972, No.63	Health Commission Act, 1972	Section 29- Omit the section.
1973, No.34	Zoological Parks Board Act, 1973	Section 35- Omit the section.
1973, No.47	Private Irrigation Districts and Water (Amendment) Act, 1973	Section 87- Omit the section.
1973, No.71	Travel Agents Act, 1973	Section 72- Omit the section.

 

A NOTE ON THE DRAFT BILL CONTAINED IN APPENDIX E

In many Acts that have special sections relating to notice of action there is a subsection giving a defendant, being a public authority, rights to inspect damaged property [Local Government Act, 1919, s. 580 (3); Electricity Commission Act, 1950, s. 100 (3); Sydney Harbour Transport Act, 1951, s. 34 (3); Grain Elevators Act, 1954, s. 56 (3) ; State Planning Authority Act, 1963, s. 70 (3); Sydney Farm Produce Market Authority Act, 1968, s. 44 (3); Sydney Cove Redevelopment Authority Act, 1968, s. 53 (3); Dairy Industry Authority Act, 1970, s. 81 (3) ; State Pollution Control Commission Act, 1970, s. 30 (3); Waste Disposal Act, 1970, s. 54 (3) ; Builders Licensing Act, 1971, S. 58 (3) ; Ambulance Service Act, 1972, s. 54 (3) ; Public Transport Commission Act, 1972, s. 29 (3); Health Commission Act, 1972, s. 29 (3); Zoological Parks Board Act, 1973, s. 35 (3); Private Irrigation Districts and Water (Amendment) Act, 1973, s. 87 (3); Travel Agents Act, 1973, s. 72 (3)].

Section 580 (4) of the Local Government Act, 1919, also gives a defendant council powers to require medical inspection of an injured person.

In proposing the repeal of the sections in whichthose subsections appear, we point out that such inspections do not now need legislative sanction. Adequate provision to ihe same effect is contained in Part 25 of the Supreme Court Rules, 1970, and in Part 23 of the District Court Rules, 1973.