PERSONAL INJURIES PROCEEDINGS ACT 2002 - SECT 75A
Indexation of particular amounts
PERSONAL INJURIES PROCEEDINGS ACT 2002 - SECT 75A
Indexation of particular amounts
75A 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 as—
(a) the declared costs limit;
and
(b) the lower offer limit; and
(c) the upper offer limit.
(2) Each
amount recommended for a limit is to be the amount last prescribed under a
regulation for the limit 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 as the limit 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 as the limit 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 as the limit is to apply
has effect from the specified date.
(8) This section does not limit
the power of the Governor in Council to amend the amount prescribed under a
regulation for a limit.
(9) In this section—
"average weekly earnings" , for a financial year, means the amount of
Queensland full-time adult persons ordinary time earnings declared by the
Australian Statistician in the original series of the statistician’s
average weekly earnings publication most recently published before the start
of the financial year.