(1) A worker is not entitled to compensation in respect of an injury sustained whilst driving a motor vehicle, as defined in the Motor Accidents (Compensation) Act 1979 , after having consumed alcoholic liquor where the consumption of that liquor materially contributed to the accident giving rise to the injury, or while under the influence of a drug.
(2) It is to be presumed that the consumption of the alcoholic liquor materially contributed to the accident giving rise to the injury, unless the contrary is proved, if the worker had at the time of the accident a concentration of alcohol:
(a) in the breath of 0.08 grams or more per 210 litres of exhaled breath; or
(b) in the blood of 0.08 grams or more per 100 millilitres of blood.
(3) Nothing in this section affects an entitlement to compensation under Subdivision A or D of Division 3 or Division 4.