Victorian Current Acts Victorian Current Acts(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is filed within the limitation period after the date of the transport accident, until the charge is heard or withdrawn; or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.
(4) If—
(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).