(1) Subject to subsections (2) and (3), section 46A, as amended by section 3 of the Compensation and Superannuation Legislation Amendment Act 2008 , and section 47, as amended by section 4 of the Compensation and Superannuation Legislation Amendment Act 2008 , apply in respect of any determination of the degree of impairment of a person injured as a result of a transport accident irrespective of when the injury occurred.
(2) Despite subsection (1), sections 46A and 47, as in force before the commencement of sections 3 and 4 of the Compensation and Superannuation Legislation Amendment Act 2008 , continue to apply in respect of any determination of the degree of impairment of a person injured as a result of a transport accident in respect of which an application for a determination of the degree of impairment has been made before that commencement.
(3) Despite subsection (1), the amendment of section 46A by section 3 of the Compensation and Superannuation Legislation Amendment Act 2008 and section 47 by section 4 of the Compensation and Superannuation Legislation Amendment Act 2008 does not affect the rights of the parties in the proceedings known as Byrne v Transport Accident Commission [2008] VSC 92 .
S 197 inserted by No. 65/2008 s. 7.