40 Circumstances in which certain compensation is not S. 40 payable or is reduced amended by Nos 127/1986 s. 102(Sch. 4 (1) The Commission is not liable to pay compensation items 29.2, under section 44 or 45 to a person who is injured 29.10), as a result of a transport accident if— 32/1988 s. 9(2)(b) (i)–(iv), (a) the person— 84/1994 s. 29, substituted by (i) was driving a motor vehicle at the time No. 84/2000 of the transport accident; and s. 12. (ii) is convicted, in respect of driving the motor vehicle at that time, of an offence under section 49(1)(a) of the Road or under a law that is, Safety Act 1986 in relation to that Act, a corresponding law— unless the person satisfies the Commission that the intoxicating liquor or drug did not contribute in any way to the transport accident; or (b) the person was, at the time of the transport accident, the driver of, or a passenger in, a motor vehicle owned by the person in respect of which a transport accident charge payable in respect of a period including that time had not been paid; or (c) the person was, at the time of the transport accident, the driver of a motor vehicle and— (i) had never held a licence to drive a motor vehicle of that class under the Road Safety Act 1986 or a corresponding previous enactment or under a law that is in relation to the Road Safety Act 1986 a corresponding law or under a law of another country; or
S. 40 amended by Nos 127/1986 s. 102(Sch. 4 items 29.2, 29.10), 32/1988 s. 9(2)(b) (i)–(iv), 84/1994 s. 29, substituted by No. 84/2000 s. 12. 40 Circumstances in which certain compensation is not payable or is reduced (1) The Commission is not liable to pay compensation under section 44 or 45 to a person who is injured as a result of a transport accident if— (a) the person— (i) was driving a motor vehicle at the time of the transport accident; and (ii) is convicted, in respect of driving the motor vehicle at that time, of an offence under section 49(1)(a) of the Road Safety Act 1986 or under a law that is, in relation to that Act, a corresponding law— unless the person satisfies the Commission that the intoxicating liquor or drug did not contribute in any way to the transport accident; or (b) the person was, at the time of the transport accident, the driver of, or a passenger in, a motor vehicle owned by the person in respect of which a transport accident charge payable in respect of a period including that time had not been paid; or (c) the person was, at the time of the transport accident, the driver of a motor vehicle and— (i) had never held a licence to drive a motor vehicle of that class under the Road Safety Act 1986 or a corresponding previous enactment or under a law that is in relation to the Road Safety Act 1986 a corresponding law or under a law of another country; or
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