Commonwealth Consolidated Acts

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MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 130

Amount of compensation for the week whose hours exceed 45 times the normal weekly hours

             (1)  If during, but before the end of, a particular week the total number of hours worked out in accordance with paragraph 129(2)(b) exceeds 45 times the normal weekly hours for a person, then:

                     (a)  subsection (2) applies in respect of the hours that elapse before that number is exceeded (the maximum rate hours as defined in subsection (2)); and

                     (b)  subsection (3) applies in respect of the remaining hours in the week (the reduced rate hours as defined in subsection (3)).

Note:          Section 132 defines normal weekly hours .

Amount of compensation in respect of maximum rate hours

             (2)  The amount of compensation that the Commonwealth is liable, under section 118, to pay to a person in respect of the maximum rate hours is worked out using the following formula:

where:

"maximum rate hours" for a person means the total number of hours in the week:

                     (a)  that would have counted towards the person's normal weekly hours (whether those hours are worked or not); and

                     (b)  that elapse before the total number of hours worked out in accordance with paragraph 129(2)(b) exceeds 45 times the person's normal weekly hours.

Note:          Section 132 defines normal weekly hours , normal earnings and actual earnings .

Amount of compensation in respect of reduced rate hours

             (3)  The amount of compensation that the Commonwealth is liable, under section 118, to pay to a person in respect of the reduced rate hours is worked out using the following formula:

where:

"reduced compensation amount" for a person means the amount of compensation worked out in accordance with section 131 if that section had applied for the whole week.

"reduced rate hours" for a person means the total number of hours worked out using the following formula:

Note:          Section 132 defines normal weekly hours . Subsection (2) defines maximum rate hours .



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