11Reduction: failure to wear seatbelt or safety helmet

11 Reduction: failure to wear seatbelt or safety helmet (1) This section applies if a person: (a) is injured or dies in, or as a result of, a motor accident; and (b) was, at the time of the accident, of or above the age of 16 years; and (c) was not wearing a seat belt or safety helmet as required under the Traffic Act 1987 (or, if the motor accident occurred in another jurisdiction, the corresponding law of the relevant jurisdiction). Note for subsection (1) This provision applies only to an illegal failure to wear a seat belt or a safety helmet. It does not apply if the injured person had the benefit of an exemption from the obligation to wear a seat belt or a safety helmet granted under the Motor Vehicles Act 1949. (2) The benefits to which this section applies that are payable to, or in relation to, the person are reduced by 25% of the amount otherwise payable. (3) The benefits to which this section applies are: (a) compensation for loss of earning capacity; and (b) lump sum compensation for a permanent impairment; and (c) compensation under sections 22 and 23 for a death or dependency.