New South Wales Consolidated Acts

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MOTOR ACCIDENTS COMPENSATION ACT 1999 - SECT 146

Indexation of amounts relating to award of damages

146 Indexation of amounts relating to award of damages

(cf s 80 MAA)

(1) The Authority is, on or before 1 October 2000 and on or before 1 October in each succeeding year, to declare, by order published on the NSW legislation website, the amounts which are to apply, as from the date specified in the order, for the purposes of sections 125 and 134.
Editorial note : See the Motor Accidents Compensation (Determination of Loss) Order 2022 .
For earlier years, see the orders published in Gazettes No 127 of 29.9.2000, p 10839; No 135 of 7.9.2001, p 7574; No 154 of 27.9.2002, p 8395; No 154 of 26.9.2003, p 9624; No 149 of 24.9.2004, p 7665; No 120 of 30.9.2005, p 7911; No 120 of 29.9.2006, p 8495; No 127 of 21.9.2007, p 7224 and No 123 of 26.9.2008, p 9568 and the Motor Accidents Compensation (Determination of Loss) Order 2009 .
(2) The amounts declared are to be each of the amounts applicable under section 125 or 134 (or those amounts as last adjusted under this section) adjusted by the percentage change in the amounts estimated by the Australian Statistician of the average weekly total earnings of full-time adults in New South Wales over the 4 quarters preceding the date of the declaration for which those estimates are, at that date, available.
(3) An amount declared for the time being under this section applies to the exclusion of the corresponding amount under section 125 or 134.
(4) If the Australian Statistician fails or ceases to estimate the amounts referred to in subsection (2), the amounts declared are to be the amounts determined in accordance with the regulations.
(5) In adjusting an amount to be declared for the purpose of section 125, the amount determined in accordance with subsection (2) is to be rounded to the nearest $1 (with the amount of 50 cents being rounded up).
(6) In adjusting an amount to be declared for the purpose of section 134, the amount determined in accordance with subsection (2) is to be rounded to the nearest $1,000 (with the amount of $500 being rounded up).



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