4APre-accident weekly earnings—apprentices, trainees etc.

4A Pre-accident weekly earnings—apprentices, trainees etc. (1) This section applies if, at the time an earner was injured in a transport accident, he or she was— (a) under the age of 21 years; or (b) an apprentice; or (c) employed under a contract of service under which he or she was expressly required to undergo any training, instruction or examination for the purpose of becoming qualified for the occupation to which the contract of service related— and, under the terms of his or her employment, he or she was entitled to increments in earnings as the employment continued. (2) Despite section 4, in respect of any week after the accident in which the earner is entitled to a payment under this Act the calculation of which depends on the amount of the earner's pre-accident weekly earnings, the payment is to be calculated on the basis that the earner's pre-accident weekly earnings are the weekly earnings that it is likely that he or she would have been entitled to in that week had the accident not occurred and had he or she continued in the employment. Note to s. 4A substituted as Notes by No. 18/2022 s. 22. **Notes** 1 This section only applies to an earner who was injured in a transport accident that occurs on or after the date of commencement of section 6 of the **Transport Accident (Amendment) Act 2004**—see section 185. 2 See also section 45(5A). S. 5 amended by No. 32/1988 s. 5(5).