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
(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
(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.
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.
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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