Document ID: chunk:federal_register_of_legislation:C2017A00048:clause:2_4
Version: federal_register_of_legislation:C2017A00048
Segment Type: clause
Provision Reference: sch 2 cl 4
Character Range: 21583–23234

4  Application—pension age
(1) The amendments of section 38 of the Seafarers Rehabilitation and Compensation Act 1992 made by this Act apply in relation to a payment of compensation in respect of a week that began after the commencement of this item.
(2) However, in the case of an employee who suffered an injury before the commencement of this item, subitem (1) does not prevent a week from being counted for the purposes of subparagraph 38(2)(b)(ii) of the Seafarers Rehabilitation and Compensation Act 1992 (as amended by this Act) even if the week began before the commencement of this item.
(3) If:
 (a) an employee suffered an injury before the commencement of this item; and
 (b) compensation is payable under Division 3 of Part 2 of the Seafarers Rehabilitation and Compensation Act 1992 in respect of the injury for 52 weeks (whether consecutive or not) during which the employee is incapacitated; and
 (c) the last of those weeks (the final payment week) ends before the employee reaches pension age (within the meaning of the Seafarers Rehabilitation and Compensation Act 1992 (as amended by this Act));
subsection 38(2) of the Seafarers Rehabilitation and Compensation Act 1992 (as amended by this Act) has effect, in relation to the injury, as if the number of weeks mentioned in subparagraph (b)(ii) of that subsection were increased by the number of weeks in the period:
 (d) beginning immediately after the end of the final payment week; and
 (e) ending immediately before the employee reaches pension age (within the meaning of the Seafarers Rehabilitation and Compensation Act 1992 (as amended by this Act)).

Part 3—Miscellaneous