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:

Start formula start fraction Person's maximum rate hours over Person's normal weekly hours end fraction times open bracket Person's normal earnings for the week minus Person's actual earnings for the week close bracket end 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:

Start formula start fraction Person's reduced rate hours over Person's normal weekly hours end fraction times Person's reduced compensation amount end 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:

Start formula Person's normal weekly hours minus Person's maximum rate hours end formula

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



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