(1)  Where a person is entitled to damages in respect of loss of earning capacity or where a claim for damages is made pursuant to the Fatal Accidents Act 1934 , a court must not award those damages on the basis the person was, or may have been capable of, earning income at greater than 3 times the adult average weekly earnings as last published by the Australian Bureau of Statistics before damages are awarded.

(2)  .  .  .  .  .  .  .  .