Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Part, unless the contrary intention appears:
"applicable percentage" has the meaning given by subsection 87Q(2).
"average weekly earnings" has the meaning given by section 87V.
"capable parent or guardian" , of a minor, means a person who is a parent or guardian of the minor, and who is not under a disability.
"date of discoverability" has the meaning given by section 87G.
"gratuitous attendant care services" has the meaning given by subsection 87W(5).
"incapacitated person" means a person who is incapable of, or substantially impeded in, the management of his or her affairs in relation to a proceeding under this Act because of:
(a) any disease, or any impairment of his or her mental condition; or
(b) restraint of his or her person, lawful or unlawful, including detention or custody under a law of a State or Territory relating to mental health; or
(c) war or warlike operations, or circumstances arising out of war or warlike operations.
"index number" has the meaning given by section 87N.
"long-stop period" has the meaning given by section 87H.
"maximum amount of damages for non-economic loss" has the meaning given by section 87M.
"minor" means a person under 18.
"most extreme case" has the meaning given by subsection 87P(2).
"non-economic loss" means any one or more of the following:
(a) pain and suffering;
(b) loss of amenities of life;
(c) loss of expectation of life;
(d) disfigurement.
"personal injury damages" means damages or compensation for loss or damage that is, or results from, the death of or personal injury to a person.
"plaintiff" , in relation to a proceeding, means:
(a) if the proceeding is a proceeding that the Commission commences under paragraph 87(1A)(b), or under section 149 or paragraph 237(1)(b) of the Australian Consumer Law--a person on whose behalf the Commission commences the proceeding; or
(aa) if the proceeding is a proceeding that the Director of Public Prosecutions commences under paragraph 87(1A)(ba)--a person on whose behalf the Director of Public Prosecutions commences the proceeding; or
(b) in any other case--the person by whom the proceeding is brought (however described).
"proceeding to which this Part applies" means a proceeding referred to in section 87E.
"quarter" means a period of 3 months ending on 31 March, 30 June, 30 September or 31 December.
"smoking" has the same meaning as in the Public Health (Tobacco and Other Products) Act 2023 .
"tobacco product" has the same meaning as in the Public Health (Tobacco and Other Products) Act 2023 .