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TRANSPORT ACCIDENT ACT 1986 - SECT 107A Compensation for pain and suffering

TRANSPORT ACCIDENT ACT 1986 - SECT 107A

Compensation for pain and suffering

S. 107A(1) amended by No. 54/2000 s. 25(7)(a)(b).

    (1)     A court must not exercise the powers conferred by Subdivision (1) of Division 2 of Part 4 of the Sentencing Act 1991 to make a compensation order within the meaning of that Subdivision if the compensation would be for a matter—

        (a)     arising from an injury or death in respect of which it appears to the court that the person has an entitlement to any compensation under this Act; and

        (b)     arising from an event that constitutes an offence only against the Road Safety Act 1986 or any regulations made under any of that Act.

S. 107A(2) amended by No. 54/2000 s. 25(8).

    (2)     Notwithstanding anything to the contrary in Subdivision (1) of Division 2 of Part 4 of the Sentencing Act 1991 , this section applies to and in respect of any offence referred to in subsection (1) committed on or after the commencement of section 29 of the Accident Compensation (Common Law and Benefits) Act 2000 .

    (3)     For the purposes of subsection (1)(a), a person is not to be regarded as having an entitlement to any compensation under this Act if the entitlement would only arise under either or both of sections 60(1)(ca) and 60(1)(d).

Part 7—Transport accident charges

S. 108 amended by No. 127/1986 s. 102(Sch. 4 item 29.2), repealed by No. 34/1998 s. 16.

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