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CIVIL LIABILITY ACT 2002 - SECT 4

CIVIL LIABILITY ACT 2002 - SECT 4

4 .         Varying amounts to reflect award rate changes

        (1)         This section applies if a provision of this Act requires the amount that is relevant for a particular financial year (in this section called the relevant financial year ) to be obtained by varying the corresponding amount for the preceding financial year (in this section called the preceding financial year ) according to this section.

        (2)         The amount for the relevant financial year is obtained —

            (a)         by varying the amount for the preceding financial year by the percentage by which the amount that the Australian Statistician published as the Labour Price Index (formerly known as the Wage Cost Index), ordinary time hourly rates of pay (excluding bonuses) for Western Australia (in this subsection called the LPI ) varied between the last December quarter before the preceding financial year commenced and the last December quarter before the relevant financial year commenced; or

            (b)         if the calculation under paragraph (a) cannot be performed for a financial year because the LPI for a relevant quarter was not published, by varying the amount for the preceding financial year in accordance with the regulations,

                and, if necessary, rounding the resulting amount off under subsection (3).

        (3)         If the amount resulting under subsection (2)(a) or (b) is not a multiple of $500 it is to be rounded off to the nearest multiple of $500 (with an amount that is $250 more than a multiple of $500 being rounded off to the next highest multiple of $500).

        [Section 4 amended: No. 8 of 2009 s. 33.]