196Sections 46A (Degree of impairment) and 47 (Impairment benefit)

196 Sections 46A (Degree of impairment) and 47 (Impairment benefit) (1) Subject to subsections (2) and (3), section 46A, as amended by section 3 of the **Compensation and Superannuation Legislation Amendment Act 2008**, and section 47, as amended by section 4 of the **Compensation and Superannuation Legislation Amendment Act 2008**, apply in respect of any determination of the degree of impairment of a person injured as a result of a transport accident irrespective of when the injury occurred. (2) Despite subsection (1), sections 46A and 47, as in force before the commencement of sections 3 and 4 of the **Compensation and Superannuation Legislation Amendment Act 2008**, continue to apply in respect of any determination of the degree of impairment of a person injured as a result of a transport accident in respect of which an application for a determination of the degree of impairment has been made before that commencement. (3) Despite subsection (1), the amendment of section 46A by section 3 of the **Compensation and Superannuation Legislation Amendment Act 2008** and section 47 by section 4 of the **Compensation and Superannuation Legislation Amendment Act 2008** does not affect the rights of the parties in the proceedings known as *Byrne v Transport Accident Commission [2008] VSC 92*. S 197 inserted by No. 65/2008 s. 7.