Document ID: chunk:federal_register_of_legislation:C2004A04524:clause:2_7:p1
Version: federal_register_of_legislation:C2004A04524
Segment Type: clause
Provision Reference: sch 2 cl 7 (pt 1/2)
Character Range: 2972–5498

7  Entitlement to compensation
 (1) A person is not entitled to compensation under the Principal Act in respect of an injury, loss or damage suffered before the commencing day if compensation was not payable in respect of that injury, loss or damage under the repealed Act.
 (2) A person is not entitled to compensation under section 39 or 40 of the Principal Act in respect of a permanent impairment, or under section 29 of the Principal Act in respect of the death of an employee, being an impairment or death that occurred before the commencing day, if the person received compensation of a lump sum in respect of that impairment or death under the repealed Act.
 (3) The amount of compensation (if any) that a person is entitled to receive under section 39 or 40 of the Principal Act in respect of a permanent impairment, or under section 29 of the Principal Act in respect of the death of an employee, being an impairment or death that occurred before the commencing day, is the same as the amount of compensation that would have been payable to that person under the repealed Act, if the Principal Act had not been enacted.
 (4) A person is not entitled to compensation under section 43 of the Principal Act in respect of any period that occurred before the commencing day.
 (5) A person is not entitled to compensation under subsection 29(5) of the Principal Act in respect of the death of an employee, or under section 31, 33, 34, 35, 36, 37 or 45 of the Principal Act in respect of an incapacity, if the compensation relates to a period occurring before the commencing day and:
 (a) the person received weekly payments of compensation in respect of that death or incapacity in relation to that period under the repealed Act; or
 (b) the person was not entitled to receive weekly payments of compensation in respect of that death or incapacity in relation to that period under the repealed Act.
 (6) The rate of compensation (if any) that a person is entitled to receive under subsection 29(5) of the Principal Act in respect of the death of an employee, or under section 31, 33, 34, 35, 36, 37 or 45 of the Principal Act in respect of an incapacity, if the compensation relates to a period occurring before the commencing day, is the same as the rate of compensation that would have been payable to that person in relation to that period under the repealed Act if the Principal Act had not been enacted.
 (7) A person is not entitled to compensation under subsection 28(1) or (6) or section 30 of the Principal Act in