40AGeneral provisions

40A General provisions (1) Subsection (2) applies if— S. 40A(1)(a) amended by No. 68/2009 s. 97(Sch. item 123.1). (a) a person who is injured as a result of a transport accident applies for compensation under this Act and a charge-sheet charging an offence has been filed or it appears to the Commission that a charge-sheet charging an offence may be filed against the person; and (b) the Commission is not liable under section 39 or 40 to make a payment to that person if he or she is convicted of that offence. (2) The Commission may withhold a payment referred to in subsection (1)— S. 40A(2)(a) amended by No. 68/2009 s. 97(Sch. item 123.2). (a) if the charge-sheet is filed within the limitation period after the date of the transport accident, until the charge is heard or withdrawn; or S. 40A(2)(b) amended by No. 68/2009 s. 97(Sch. item 123.2). (b) if no such charge-sheet is filed within the limitation period after the date of the transport accident, until the expiration of that period. (3) In subsection (2), ***the limitation period after the date of the transport accident*** means— S. 40A(3)(a) amended by No. 68/2009 s. 97(Sch. item 123.3). (a) the period after the transport accident within which the charge-sheet could be filed; or (b) the period of two years after the transport accident— whichever is the shorter. (a) a person is convicted of an offence referred to in section 39 or 40; and S. 40A(4)(b) amended by No. 94/2003 s. 41(3). (b) the court by which the person was convicted made a finding as to the concentration of alcohol in the person's blood or breath at a particular time— the court must, at the request of the Commission, cause a certificate with particulars of its finding to be given to the Commission. (5) For the purposes of this Act— S. 40A(5)(a) amended by No. 94/2003 s. 41(3). (a) a certificate of a court given under subsection (4) is evidence of the finding of the court as to the concentration of alcohol in a person's blood or breath at a particular time; and S. 40A(5)(b) amended by No. 94/2003 s. 41(4). (b) any finding of the court as to the concentration of alcohol in the blood or breath of the person or as to the analysis of a sample of a person's blood or breath is conclusive evidence of the facts so found; and S. 40A(5)(c) amended by No. 94/2003 s. 41(3). (c) a finding of a concentration of alcohol in the blood or breath of a person exceeding 0·05 but otherwise unspecified is conclusive evidence that the concentration was more than 0·05 and less than 0·12. S. 41 (Heading) inserted by No. 49/2018 s. 6(1).