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ASBESTOS-RELATED CLAIMS (MANAGEMENT OF COMMONWEALTH LIABILITIES) ACT 2005 - SECT 5

Transfer of liabilities to Comcare

Claims against Commonwealth or authority on or before commencement

  (1)   If an asbestos - related claim was made against the Commonwealth or a Commonwealth authority on or before the commencement of this Part then, on the commencement of this Part:

  (a)   a liability of the Commonwealth or the authority that relates to the claim ceases to be a liability of the Commonwealth or the authority and becomes a liability of Comcare; and

  (b)   Comcare becomes the successor in law in relation to the liability.

Claims against Commonwealth or authority after commencement

  (2)   If an asbestos - related claim is made against the Commonwealth or a Commonwealth authority after the commencement of this Part then, at the time the claim is made:

  (a)   a liability of the Commonwealth or the authority that relates to the claim ceases to be a liability of the Commonwealth or the authority and becomes a liability of Comcare; and

  (b)   Comcare becomes the successor in law in relation to the liability.

Claims against Comcare on or after commencement

  (3)   If, on or after the commencement of this Part, a person could make an asbestos - related claim against the Commonwealth or a Commonwealth authority then:

  (a)   the person may make the claim against Comcare; and

  (b)   if the person makes the claim against Comcare--at the time the claim is made:

  (i)   a liability of the Commonwealth or the authority that relates to the claim ceases to be a liability of the Commonwealth or the authority and becomes a liability of Comcare; and

  (ii)   Comcare becomes the successor in law in relation to the liability.



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