9Exclusion: driver under influence of alcohol or drug

9 Exclusion: driver under influence of alcohol or drug (1) A person is not entitled to benefits to which this section applies for an injury suffered in, or as a result of, a motor accident if: (a) the accident occurred while the person was driving a motor vehicle; and (b) the person was under the influence of alcohol or a drug to such an extent that the person: (i) was, by driving a motor vehicle, committing an offence against relevant laws regulating road traffic; or (ii) would have been committing such an offence if the person had been driving the motor vehicle in a public street or public place; and (c) the influence of the alcohol or drug contributed, in the Commission's opinion, to the accident. (2) The Commission must presume that the influence of alcohol contributed to the accident if the circumstances prescribed in the regulations exist in relation to the person, unless the contrary is established. (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.

Part 3 Entitlement to benefits Motor Accidents (Compensation) Act 1979 10