139FDamages for non-economic loss limited

139F Damages for non-economic loss limited (1) The maximum amount of damages for non-economic loss that may be awarded in defamation proceedings is $250 000 or any other amount adjusted in accordance with this section from time to time (the maximum damages amount) that is applicable at the time damages are awarded. (2) The maximum damages amount is to be awarded only in a most serious case. (2A) Subsection (1) does not limit the court’s power to award aggravated damages if an award of aggravated damages is warranted in the circumstances. (2B) An award of aggravated damages is to be made separately to any award of damages for non-economic loss to which subsection (1) applies. Remedies Division 9.4.3 (3) The Minister is, on or before 1 July 2006 and on or before 1 July in each succeeding year, to declare the amount that is to apply, as from the date specified in the order, for the purposes of subsection (1). (4) The amount declared is to be the amount applicable under subsection (1) (or that amount as last adjusted under this section) adjusted by the percentage change in the amount estimated by the Australian statistician of the average weekly total earnings of full-time adults in Australia over the 4 quarters preceding the date of the declaration for which those estimates are, at that date, available. (5) A declaration under subsection (3) is a notifiable instrument. (6) An amount declared for the time being under this section applies to the exclusion of the amount of $250 000 or an amount previously adjusted under this section. (7) If the Australian statistician fails or ceases to estimate the amount referred to in subsection (4), the amount declared is to be determined in accordance with the regulations. (8) In adjusting an amount to be declared for the purposes of subsection (1), the amount determined in accordance with subsection (4) is to be rounded to the nearest $500. (9) A declaration may provide that it commences retrospectively.