Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act:
"asbestos-related claim" means a claim for the payment of compensation or damages to a person in respect of an asbestos - related condition suffered by the person or another person arising from a breach of a common law or statutory duty of care by:
(a) the Commonwealth; or
(b) an entity that was a Commonwealth authority when the breach of the duty of care occurred.
"asbestos-related condition" means:
(a) asbestosis; or
(b) an asbestos - induced carcinoma; or
(c) an asbestos - related non - malignant pleural disease; or
(d) mesothelioma; or
(e) any other condition that is caused by exposure to asbestos.
"claim" :
(a) means a claim or demand of any kind (whether or not involving legal proceedings); and
(b) includes proceedings of any kind.
"Comcare" means the body corporate established by section 68 of the Safety, Rehabilitation and Compensation Act 1988 .
"Commonwealth authority" means:
(a) a body corporate that is established for a public purpose by a law of the Commonwealth or of a Territory (other than the Australian Capital Territory, the Northern Territory or Norfolk Island) that is not a general law allowing incorporation as a company or body corporate; or
(b) a body corporate that:
(i) is incorporated under a law of the Commonwealth or of a State or Territory; and
(ii) is a body corporate in which the Commonwealth, or a body corporate covered by paragraph ( a), has a controlling interest (within the meaning of the Safety, Rehabilitation and Compensation Act 1988 ); or
(c) a body corporate that is declared to be a Commonwealth authority for the purposes of this Act under subsection 4(1);
but does not include:
(d) Comcare; or
(e) the Australian Postal Corporation; or
(f) Telstra Corporation Limited; or
(g) a body corporate that is declared not to be a Commonwealth authority for the purposes of this Act under subsection 4(2); or
(h) a body corporate that is a subsidiary of a body corporate covered by paragraph ( e), (f) or (g).
"contract of insurance" includes a contract which, however expressed and in whatever form, is in substance an indemnity or guarantee.
"court" (except in section 15) includes:
(a) a tribunal; and
(b) any judge or person acting judicially or authorised by law or consent of parties to hear, receive and examine evidence.
"Finance Minister" means the Minister who administers the Public Governance, Performance and Accountability Act 2013 .
"liability" means a liability of any kind (whether actual, potential or contingent) but does not include a liability arising under:
(a) a contract of insurance; or
(b) a judgment or order of a court that is not stayed or subject to appeal when Part 2 of this Act commences; or
(c) a settlement that takes the form of a written agreement entered into before Part 2 of this Act commences.
"subject to appeal" : a judgment or order is subject to appeal until:
(a) any applicable time limits for lodging an appeal (however described) against the judgment or order have expired; and
(b) if there is such an appeal against the judgment or order--the appeal (and any subsequent appeals) have been finally disposed of.
Meaning of subsidiary
(2) For the purposes of this Act, the question whether a body corporate is a subsidiary of another body corporate is to be determined in the same manner as that question is determined under the Corporations Act 2001 .