TRANSPORT ACCIDENT AND ACCIDENT COMPENSATION LEGISLATION AMENDMENT ACT 2010 (NO. 80 OF 2010) - SECT 4 Compensation not payable or reduced
TRANSPORT ACCIDENT AND ACCIDENT COMPENSATION LEGISLATION AMENDMENT ACT 2010 (NO. 80 OF 2010) - SECT 4
Compensation not payable or reduced(1) In section 40(2)(b) of the Transport Accident Act 1986 , for " section 49(1)(c), 49(1)(d), 49 (1)(e)," substitute "49(1)(ba), (c), (ca), (d), (e), (ea) or (eb),".
(2) After section 40(4) of the Transport Accident Act 1986 insert —
"(4A) Subsection (5A) applies if a person who is injured in a transport accident was driving a motor vehicle at the time of the transport accident and is convicted in respect of driving the motor vehicle at the time of an offence under section 49(1)(bb), (h) or (i) of the Road Safety Act 1986 or under a law that is in relation to that Act a corresponding law.".
(3) After section 40(5) of the Transport Accident Act 1986 insert —
"(5A) The compensation under section 44 or 45 in respect of a person to whom subsection (4A) applies is reduced by one-third unless the person satisfies the Commission that the concentration of drugs in the blood of the person did not contribute in any way to the transport accident.".