(8) If the Commission is required to assess the degree S. 46A(8) of impairment of a person whose injury has not inserted by No. 34/1998 stabilised, for the purposes of that assessment— s. 8, repealed by (a) unless the contrary intention appears in this No. 95/2003 section, the degree of impairment to be s. 27 (as amended by assessed is the degree of current impairment No. 28/2005 as at the date of the determination of the s. 32), new s. 46A(8) assessment; and inserted by No. 94/2004 s. 10(5). S. 46A(8)(b) (b) any reference to permanent impairment in amended by the A.M.A Guides is to be read as a No. 60/2007 reference to current impairment. s. 8(3)(b). (9) Subject to subsection (10), this section as S. 46A(9) inserted by amended by section 30 of the Accident No. 34/1998 s. 8, Compensation and Other Legislation repealed by applies in respect of (Amendment) Act 2006 No. 95/2003 s. 27 (as transport accidents on or after the commencement amended by of section 30 of the Accident Compensation and No. 28/2005 s. 32), Other Legislation (Amendment) Act 2006. new s. 46A(9) inserted by No. 41/2006 s. 30(2). (10) Despite subsection (9), if the first guidelines under S. 46A(10) inserted by this section as amended by section 30 of the No. 41/2006 Accident Compensation and Other Legislation s. 30(2). are not in force on the (Amendment) Act 2006 commencement of section 30 of that Act, this section as in force before that commencement continues to apply in respect of transport accidents on or after that commencement until the first guidelines are in force. Note This section, as amended by section 10 of the Transport Accident (Amendment) Act 2004 (which amended subsections (1) and (1A) and inserted subsections (1AA)–(1AD),
S. 46A(8) inserted by No. 34/1998 s. 8, repealed by No. 95/2003 s. 27 (as amended by No. 28/2005 s. 32), new s. 46A(8) inserted by No. 94/2004 s. 10(5). (8) If the Commission is required to assess the degree of impairment of a person whose injury has not stabilised, for the purposes of that assessment— (a) unless the contrary intention appears in this section, the degree of impairment to be assessed is the degree of current impairment as at the date of the determination of the assessment; and S. 46A(8)(b) amended by No. 60/2007 s. 8(3)(b). (b) any reference to permanent impairment in the A.M.A Guides is to be read as a reference to current impairment. S. 46A(9) inserted by No. 34/1998 s. 8, repealed by No. 95/2003 s. 27 (as amended by No. 28/2005 s. 32), new s. 46A(9) inserted by No. 41/2006 s. 30(2). (9) Subject to subsection (10), this section as amended by section 30 of the Accident Compensation and Other Legislation (Amendment) Act 2006 applies in respect of transport accidents on or after the commencement of section 30 of the Accident Compensation and Other Legislation (Amendment) Act 2006. S. 46A(10) inserted by No. 41/2006 s. 30(2). (10) Despite subsection (9), if the first guidelines under this section as amended by section 30 of the Accident Compensation and Other Legislation (Amendment) Act 2006 are not in force on the commencement of section 30 of that Act, this section as in force before that commencement continues to apply in respect of transport accidents on or after that commencement until the first guidelines are in force. Note This section, as amended by section 10 of the Transport Accident (Amendment) Act 2004 (which amended subsections (1) and (1A) and inserted subsections (1AA)–(1AD),
86-111a140.docx