Victorian Consolidated Legislation

Transport Accident Act 1986 - SECT 40A

General provisions

40A. General provisions



(1) Subsection (2) applies if-

   (a)  a person who is injured as a result of a transport accident applies
        for compensation under this Act and a charge for an offence has been
        laid or it appears to the Commission that a charge for an offence may
        be laid against the person; and





   (b)  the Commission is not liable under section 39 or 40 to make a payment
        to that person if he or she is convicted of that offence.

(2) The Commission may withhold a payment referred to in subsection (1)-

   (a)  if the charge is laid within the limitation period after the date of
        the transport accident, until the charge is heard or withdrawn; or

   (b)  if no such charge is laid within the limitation period after the date
        of the transport accident, until the expiration of that period.

(3) In subsection (2), the limitation period after the date of the transport
accident means-

   (a)  the period after the transport accident within which the charge could
        be laid; or

   (b)  the period of two years after the transport accident-

whichever is the shorter.

(4) If-

   (a)  a person is convicted of an offence referred to in section 39 or 40;
        and

   (b)  the court by which the person was convicted made a finding as to the
        concentration of alcohol in the person's blood or breath at a
        particular time-

the court must, at the request of the Commission, cause a certificate with
particulars of its finding to be given to the Commission.





(5) For the purposes of this Act-

   (a)  a certificate of a court given under subsection (4) is evidence of the
        finding of the court as to the concentration of alcohol in a person's
        blood or breath at a particular time; and

   (b)  any finding of the court as to the concentration of alcohol in the
        blood or breath of the person or as to the analysis of a sample of a
        person's blood or breath is conclusive evidence of the facts so found;
        and

   (c)  a finding of a concentration of alcohol in the blood or breath of a
        person exceeding 0×05 but otherwise unspecified is conclusive evidence
        that the concentration was more than 0×05 and less than 0×12.