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Motor Accidents (Compensation) Act 1979
9ETotal exclusion: unregistered motor vehicle – other accidents
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9E Total exclusion: unregistered motor vehicle – other accidents
(1) No benefits are payable under this Act for a person's injury or death
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
(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
Part 3 Entitlement to benefits
Motor Accidents (Compensation) Act 1979 13
(e) section 9D does not apply.
(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.