An Act to abolish the common law crimes of maintenance, champerty and barratry; to exclude liability in tort for the common law crimes of maintenance and champerty; and for other purposes.
long title: Am 1996 No 95, Sch 6.2 [1].
1 Name of Act
This Act may be cited as the Maintenance, Champerty and Barratry Abolition Act 1993.s 1: Am 1996 No 95, Sch 6.2 [2].
2 Commencement
This Act commences on a day to be appointed by proclamation.
3 Abolition of crime of maintenance (including champerty)
The offence of maintenance (including champerty) that but for this section would be punishable by the common law is abolished.
4 Abolition of liability in tort for maintenance (including champerty)
An action in tort no longer lies on account of conduct known as maintenance (including champerty).
4A Abolition of crime of being a common barrator (barratry)
The offence of being a common barrator that but for this section would be punishable by the common law is abolished.s 4A: Ins 1996 No 95, Sch 6.2 [3].
5 Transitional provision
Section 30 of the Interpretation Act 1987 applies to the abolition of an offence or an action in tort by this Act in the same way as it applies to the repeal of a provision establishing an offence under an Act.
6 Preservation of liability under certain contracts
This Act does not affect any rule of law as to the cases in which a contract is to be treated as contrary to public policy or as otherwise illegal, whether the contract was made before, or is made after, the commencement of this Act.