Document ID: chunk:federal_register_of_legislation:C2016A00021:clause:1_38
Version: federal_register_of_legislation:C2016A00021
Segment Type: clause
Provision Reference: sch 1 cl 38
Character Range: 8645–9997

38  Application of amendment of paragraph 8(3)(a)
(1) The amendment made by this Schedule of paragraph 8(3)(a) of the BSWAT Act (the 70% amendment) applies in relation to BSWAT rules that take effect on or after the commencement day.
(2) During the period:
 (a) beginning at the start of the commencement day; and
 (b) ending immediately before the day on which rules to which the 70% amendment applies take effect;
the BSWAT rules as in force immediately before the commencement day continue in effect except that subsection 3.19(1) of those rules is taken to be substituted with the following subsection:

         (1) Multiply the total excess amount for the person worked out in Step 3 (section 3.18) by 0.7.

         Note: Paragraph 8(3)(a) of the Act provides that the amount a person should receive should broadly reflect the amount that is 70% of the excess of a productivity‑scored wage over an actual wage indexed to reflect compounding increases in the Consumer Price Index since the financial years in which eligible days occurred.
(3) To avoid doubt, an amount worked out in accordance with BSWAT rules in effect as referred to in subitem (2) is a payment amount within the meaning of the BSWAT Act.
(4) To avoid doubt, this item has no effect if rules in relation to which the 70% amendment applies take effect on the commencement day.