(1)  Notwithstanding section 23 , scheduled benefits are not payable in respect of the personal injury to a person in any of the following cases:

(a) Where the personal injury to that person results from that person intentionally causing or attempting to cause the personal injury to himself or herself or any other person;

(b) Where compensation is payable in respect of that personal injury under any law of this State or of the Commonwealth or of any other State or Territory of the Commonwealth that relates to the payment of compensation by an employer in respect of the personal injury to persons in his or her employment occurring in connection with that employment;

(ba) where compensation is payable in respect of the personal injury under –

(i) any law of the Commonwealth, or of any other State or a Territory of the Commonwealth, relating to the payment of compensation in respect of personal injury resulting directly from motor accidents; or

(ii) any policy of insurance required by any such law;

(bb) where the personal injury consists of the contraction by the person of an asbestos-related disease, within the meaning of the Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011 and the person is entitled to compensation under that Act in relation to the contraction by the person of that disease;

(c) Where that personal injury results from that person being subjected to ionizing radiation;

(d) Where the personal injury results from a motor accident occurring in a motor vehicle race in which that person was taking part;

(e) Where the motor accident results directly from the use of a motor vehicle –

(i) that is a trail bike, farm bike or beach buggy; and

(ii) in respect of which a premium has not been paid –

and the injured person was the owner or driver of that motor vehicle;

(ea) where the injured person is a resident of another State or a Territory and the motor accident results directly from the use of an interstate motor vehicle –

(i) that is a trail bike, farm bike or beach buggy; and

(ii) in respect of which an interstate premium is required to be paid but has not been paid –

and the injured person was the owner or driver of that motor vehicle;

(f) Where the motor accident results from the use of a motor vehicle in the commission of, or in the furtherance of the commission of, an offence of dishonesty or violence, the injured person being a party to the use of that vehicle for that purpose;

(g) where the motor accident results from the use of a motor vehicle other than a trailer of a kind prescribed for the purposes of section 29(1AA) and –

(i) at the time of the motor accident a premium for the use of the motor vehicle had not been paid or a premium for the use of that motor vehicle in the circumstances, or under the conditions in which the motor vehicle was being used, had not been paid; and

(ii) at the time of the motor accident the injured person –

(A) was the driver of the motor vehicle and knew or ought to have known that such a premium had not been paid; or

(B) was the owner of the motor vehicle;

(ga) where the injured person is a resident of another State or a Territory and the motor accident results from the use of an interstate motor vehicle, other than a trailer of a kind prescribed for the purposes of section 29(1AA) , and –

(i) at the time of the motor accident an interstate premium for the use of the motor vehicle had not been paid or an interstate premium for the use of that motor vehicle in the circumstances, or under the conditions in which the motor vehicle was being used, had not been paid; and

(ii) at the time of the motor accident the injured person –

(A) was the driver of the interstate motor vehicle and knew or ought to have known that such an interstate premium had not been paid; or

(B) was the owner of the interstate motor vehicle;

(h) where the personal injury to that person results directly from a motor accident involving a motor vehicle that at the time of the accident was being used for the actual doing of an act, or making of a threat, that is an act of terrorism.

(1A)  Paragraph (g) of subsection (1) does not apply to a resident of this State if, at the time of the motor accident, the motor vehicle referred to in that paragraph was a permitted out-of-State vehicle in respect of which a third party insurance policy was then in force.

(2)  A medical benefit, disability benefit or disability allowance is not payable in respect of the personal injury to a person resulting directly from a motor accident in either of the following cases, that is to say:

(a) Where that person is convicted –

(i) of manslaughter; or

(ia) of causing death by dangerous driving; or

(ib) of causing grievous bodily harm by dangerous driving; or

(ic) of dangerous driving; or

(ii) of an offence under section 32(1) of the Traffic Act 1925 ; or

(iii) of an offence under section 4 of the Road Safety (Alcohol and Drugs) Act 1970 ; or

(iv) in another State or a Territory of the Commonwealth of an offence that is substantially the same as an offence referred to in subparagraph (i) , (ia) , (ib) , (ic), (ii) or (iii)  –

arising out of his driving of a motor vehicle at the time of the motor accident; or

(b) Where at the time of the motor accident the person was driving a motor vehicle and –

(i) did not hold a driver licence of the relevant class; and

(ii) was not exempted from holding such a licence or otherwise authorised to drive a motor vehicle of the relevant class.

(3)  Paragraph (b) of subsection (2) does not apply in a case where the person referred to in that paragraph would not have been driving the motor vehicle unlawfully as mentioned therein if a licence or other authority previously held by him had been renewed, so long as –

(a) the reason for its not being renewed was a failure by inadvertence to apply for its renewal; and

(b) it is capable of being renewed and there is no reason to believe that if application were made for its renewal it would not be renewed.

(3A)  Paragraph (b) of subsection (2) does not apply in a case where, at the time of the relevant motor accident –

(a) a driver licence of the person referred to in that paragraph was suspended under section 55 of the Monetary Penalties Enforcement Act 2005 or a law of another State or a Territory that substantially corresponds to that section; and

(b) were it not for that suspension, the person would not have been driving unlawfully.

(4)  Subject to subsection (4A) , if personal injury, other than death, results directly from a motor accident and the person suffering the injury is convicted in respect of the driving of a motor vehicle involved in the accident of an offence against section 6(1) , section 14(1A) , section 14(2) or section 14(5) of the Road Safety (Alcohol and Drugs) Act 1970 , any disability allowance payable to that person is to be calculated in accordance with the table below.

Section of Road Safety (Alcohol and Drugs) Act 1970	Concentration of alcohol in breath (grams per 210 litres of breath) or in blood (grams per 100 millilitres of blood)	Proportion of disability allowance otherwise payable
Section 6(1)	(a) 0.05 or more but less than 0.12	Two thirds
	(b) 0.12 or more but less than 0.24	One third
	(c) 0.24 or more	Nil
Section 14(1A)		Nil
Section 14(2)		Nil
Section 14(5)		Nil

(4A)  Subsection (4) does not apply in respect of a person who is convicted of an offence against section 6(1) of the Road Safety (Alcohol and Drugs) Act 1970 if the person satisfies the Board that the alcohol did not contribute in any way to the accident.

(5)  The Board may suspend the payment of a disability allowance until any relevant court proceedings under the Road Safety (Alcohol and Drugs) Act 1970 have been finalised.

(6)  .  .  .  .  .  .  .  .