9ETotal exclusion: unregistered motor vehicle – other accidents

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.