5Amendment of other
Acts
(1)
In this section, a reference to an action is a
reference to an action of a kind for the bringing of which a limitation period
is fixed by or under the Limitation Act
1969, whether or not a different limitation period for a
particular action of that kind is fixed by or under an Act other than that
Act.
(2)
This section applies to an Act other than:
(a)
the Limitation Act
1969, and
(b)
an Act specified in Schedule
1,
and applies to an Imperial Act in force in New South
Wales which Parliament has power to amend in relation to its operation in New
South Wales.
(3)
Subject to subsection (4), in so far as an Act or
Imperial Act to which this section applies provides in any form:
(a)
that notice is to be given before an action may
be commenced,
(b)
that the notice shall be in a specified form or
state specified matters,
(c)
that an action may not be commenced until the
expiration of a specified period after the giving of the
notice,
(d)
that an authorised person shall:
(i)
be permitted to inspect damage or injury
specified in the notice, or
(ii)
be given all facilities and information necessary
to ascertain the nature and extent of damage or injury so specified and any
expenditure or loss relating thereto,
(e)
that, where the notice has been given, the
plaintiff is not permitted to go into evidence of any cause of action not
specified in the notice,
(f)
that, where the notice has not been given, the
plaintiff is not entitled to maintain the action,
(g)
that a court may amend any defect in the
notice,
(h)
that a court may direct that any non-compliance,
or insufficient compliance, with a provision referred to in paragraph (a),
(b), (c) or (d) is not a bar to the maintenance of an
action,
(i)
that an action shall be commenced within any
period,
(j)
that a court may extend a period referred to in
paragraph (i), or
(k)
for a tender of amends before action to be a
defence,
the Act is hereby amended so that it ceases so to
provide.
(4)
Subsection (3) does not amend an Act so as to
affect the operation of:
(a)
section 63 of the Workers’ Compensation Act
1926,
(b)
(c)
Division 1 of Part 3 of the Defamation Act 2005,
or
(d)
the general law relating to tender before action
of a debt or liquidated sum.
s 5: Am 1978 No 56,
sec 3 (a); 2005 No 77, Sch 6.11.