(a) this Division (including this section) or S. 61(4)(a) Part 6 has effect as if a reference to the amended by No. 32/1988 amount were a reference to the amount as so s. 16(3). varied; and (b) payments of compensation calculated with reference to the amount must be varied accordingly. (5) An increase in the amount of a weekly payment S. 61(5) inserted by under section 44 or 45 by reason of this section No. 32/1988 takes effect even if it increases the amount of the s. 16(4), substituted by weekly payment to more than 100% of No. 94/2004 preaccident weekly earnings, but does not take s. 5(3). effect to the extent (if any) to which it increases the amount of the weekly payments to more than 100% of the current weekly earnings to which the earner would be entitled if he or she were employed in the same position or positions (if it or they can be identified) as he or she was employed in immediately before the accident, or the time when the injury first manifested itself. Note Subsection (5), as substituted by section 5 of the Transport Accident (Amendment) Act 2004, only applies to an earner who was injured in a transport accident that occurs on or after the date of commencement of section 5—see section 185. (6) If the variation of an amount to which this section S. 61(6) inserted by applies by operation of this section has the effect No. 84/1994 of reducing the amount— s. 38. (a) the variation is deemed not to have taken effect, except for the purposes of the application of this subsection; and (b) when the amount is varied and increased by operation of this section in respect of the next or a subsequent financial year that variation has effect as an increase only to the extent (if any) to which the amount of the
S. 61(4)(a) amended by No. 32/1988 s. 16(3). (a) this Division (including this section) or Part 6 has effect as if a reference to the amount were a reference to the amount as so varied; and (b) payments of compensation calculated with reference to the amount must be varied accordingly. S. 61(5) inserted by No. 32/1988 s. 16(4), substituted by No. 94/2004 s. 5(3). (5) An increase in the amount of a weekly payment under section 44 or 45 by reason of this section takes effect even if it increases the amount of the weekly payment to more than 100% of preaccident weekly earnings, but does not take effect to the extent (if any) to which it increases the amount of the weekly payments to more than 100% of the current weekly earnings to which the earner would be entitled if he or she were employed in the same position or positions (if it or they can be identified) as he or she was employed in immediately before the accident, or the time when the injury first manifested itself. Note Subsection (5), as substituted by section 5 of the Transport Accident (Amendment) Act 2004, only applies to an earner who was injured in a transport accident that occurs on or after the date of commencement of section 5—see section 185. S. 61(6) inserted by No. 84/1994 s. 38. (6) If the variation of an amount to which this section applies by operation of this section has the effect of reducing the amount— (a) the variation is deemed not to have taken effect, except for the purposes of the application of this subsection; and (b) when the amount is varied and increased by operation of this section in respect of the next or a subsequent financial year that variation has effect as an increase only to the extent (if any) to which the amount of the
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