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Motor Accidents (Compensation) Act 1979
9DExclusion: unregistered motor vehicle – accident with
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9D Exclusion: unregistered motor vehicle – accident with
registered or conditionally registered motor vehicle
(1) A person is not entitled to benefits to which this section applies for
an injury or death suffered in, or as a result of, a motor accident if:
(a) the accident occurred while the injured person was in a motor
vehicle; and
(b) the motor vehicle was unregistered and had been
unregistered for a period of at least 3 months; and
Part 3 Entitlement to benefits
Motor Accidents (Compensation) Act 1979 12
(c) the injured person was the owner or driver of the motor
vehicle; and
(d) if the injured person was the driver of the motor vehicle:
(i) the motor vehicle was of a kind prescribed by regulation;
or
(ii) otherwise – the driver knew, or ought to have known, the
vehicle was unregistered; and
(e) the accident involved another motor vehicle that was either:
(i) a registered motor vehicle that, at the time of the
accident, was being driven; or
(ii) a conditionally registered motor vehicle that, at the time
of the accident, was being driven in compliance with the
conditions or restrictions on which the vehicle was
registered.
(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 all benefits payable
under this Act other than those payable under sections 18, 18BC,
18BD and 19.