(5) In this section— includes a person injured as a result of a S. 50(5) def. of earner earner transport accident who, at the time of the amended by Nos 34/1998 accident was not an earner, but has attained s. 10, 60/2007 the age of 18 years after the accident; s. 10. S. 50(5) def. of in relation to an post-accident earning capacity post-accident earner who suffers partial loss of earning earning capacity capacity as a result of an injury as a result of amended by transport accident, means the amount the No. 34/1998 Commission determines as the weekly s. 10. amount (less such amount as the Commission reasonably considers to be the amount of income tax that would have been payable on that weekly amount under the Income Tax Assessment Act 1936 of the Commonwealth as amended and in force for the time being) the earner has the capacity to earn, despite the injury, in employment reasonably available to the person having regard to— (a) the nature of the injury and the degree of impairment; and (b) the potential for rehabilitation and the person's ability to undertake rehabilitation; and (c) the earner's training, skills and experience; and (d) the age of the earner; has the same pre-accident earning capacity meaning as in section 49. (6) The Commission must not determine the earning capacity of an earner at an amount greater than the actual weekly earnings of the earner unless the Commission determines that the earner is capable, despite the injury, of
(5) In this section— S. 50(5) def. of earner amended by Nos 34/1998 s. 10, 60/2007 s. 10. earner includes a person injured as a result of a transport accident who, at the time of the accident was not an earner, but has attained the age of 18 years after the accident; S. 50(5) def. of post-accident earning capacity amended by No. 34/1998 s. 10. post-accident earning capacity in relation to an earner who suffers partial loss of earning capacity as a result of an injury as a result of transport accident, means the amount the Commission determines as the weekly amount (less such amount as the Commission reasonably considers to be the amount of income tax that would have been payable on that weekly amount under the Income Tax Assessment Act 1936 of the Commonwealth as amended and in force for the time being) the earner has the capacity to earn, despite the injury, in employment reasonably available to the person having regard to— (a) the nature of the injury and the degree of impairment; and (b) the potential for rehabilitation and the person's ability to undertake rehabilitation; and (c) the earner's training, skills and experience; and (d) the age of the earner; pre-accident earning capacity has the same meaning as in section 49. (6) The Commission must not determine the earning capacity of an earner at an amount greater than the actual weekly earnings of the earner unless the Commission determines that the earner is capable, despite the injury, of
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