40A General provisions S. 40A inserted by (1) Subsection (2) applies if— No. 84/2000 s. 12. (a) a person who is injured as a result of a S. 40A(1)(a) amended by transport accident applies for compensation No. 68/2009 s. 97(Sch. under this Act and a charge-sheet charging item 123.1). an offence has been filed or it appears to the Commission that a charge-sheet charging an offence may be filed 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-sheet is filed within the S. 40A(2)(a) amended by limitation period after the date of the No. 68/2009 transport accident, until the charge is heard s. 97(Sch. item 123.2). or withdrawn; or S. 40A(2)(b) (b) if no such charge-sheet is filed within the amended by limitation period after the date of the No. 68/2009 s. 97(Sch. transport accident, until the expiration of that item 123.2). period. (3) In subsection (2), the limitation period after the means— date of the transport accident S. 40A(3)(a) (a) the period after the transport accident within amended by which the charge-sheet could be filed; or No. 68/2009 s. 97(Sch. item 123.3). (b) the period of two years after the transport accident— whichever is the shorter. (4) If—
S. 40A inserted by No. 84/2000 s. 12. 40A General provisions (1) Subsection (2) applies if— S. 40A(1)(a) amended by No. 68/2009 s. 97(Sch. item 123.1). (a) a person who is injured as a result of a transport accident applies for compensation under this Act and a charge-sheet charging an offence has been filed or it appears to the Commission that a charge-sheet charging an offence may be filed 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)— S. 40A(2)(a) amended by No. 68/2009 s. 97(Sch. item 123.2). (a) if the charge-sheet is filed within the limitation period after the date of the transport accident, until the charge is heard or withdrawn; or S. 40A(2)(b) amended by No. 68/2009 s. 97(Sch. item 123.2). (b) if no such charge-sheet is filed 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— S. 40A(3)(a) amended by No. 68/2009 s. 97(Sch. item 123.3). (a) the period after the transport accident within which the charge-sheet could be filed; or (b) the period of two years after the transport accident— whichever is the shorter. (4) If—
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