Queensland Consolidated Acts

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CIVIL LIABILITY ACT 2003 - SECT 75

Indexation of particular amounts

75 Indexation of particular amounts

(1) The Minister must, on or before 1 July 2011 and on or before 1 July in each succeeding year, recommend to the Governor in Council the amounts that are to be prescribed under a regulation for or under the following provisions—
(a) section 58 (1) (b) ;
(b) section 62 (2) , definition
"general damages calculation provisions" ;
(c) section 64 (2) .
(2) The amount recommended for or under the provision is to be the amount last prescribed under a regulation for or under the provision adjusted by the percentage change in average weekly earnings over the 12 months preceding the date of the recommendation and rounded to the nearest ten dollar.
(3) However, if the percentage change in average weekly earnings over the 12 months preceding the date of the recommendation would reduce the amount prescribed for or under the provision or result in no change to the amount, the Minister need not make a recommendation.
(4) If the percentage change in average weekly earnings mentioned in subsection (2) is not available from the Australian Statistician, the Minister must advise the Governor in Council accordingly.
(5) If the Minister advises the Governor in Council of the unavailability of the percentage change under subsection (4) , the amount prescribed for or under the provision is the amount decided by the Governor in Council.
(6) A regulation notified after 1 July in a year and specifying a date that is before the date it is notified as the date from which the amount prescribed for the provision is to apply has effect from the specified date.
(7) Subsection (6) applies despite the Statutory Instruments Act 1992 , section 34 .
(8) This section does not limit the power of the Governor in Council to amend the amount prescribed under a regulation for a limit.



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