9CExclusion: unlicensed driver

9C Exclusion: unlicensed driver (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 injured person was driving a motor vehicle; and (b) one of the following applies: (i) the injured person had never held a licence to drive a motor vehicle of the relevant class under a law of the Territory or another jurisdiction; (ii) the injured person had held such a licence but it was, at the time of the accident, under suspension (for reasons other than for the enforcement of a fine or penalty); (iii) the injured person had held such a licence but it had been cancelled; (iv) the injured person had held such a licence but it had lapsed or expired at least 3 months before the date of the motor accident; (v) the injured person held such a licence but was driving the motor vehicle in breach of conditions on which the person was authorised to drive the motor vehicle. (2) However, subsection (1) does not apply if, in the opinion of the Commission, the circumstances in which the vehicle was being driven amounted to an emergency. (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.