Queensland Consolidated Acts

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PERSONAL INJURIES PROCEEDINGS ACT 2002 - SECT 75A

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 4 quarters 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 4 quarters 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 in the gazette 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.

(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.

(9) In this section--

average weekly earnings means the seasonally adjusted amount of Queensland full-time adult persons ordinary time earnings as declared by the Australian Statistician in the statistician's report on average weekly earnings, averaged over the last 4 quarters for which the statistician's report is available.



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