Motor Accidents (Compensation) Regulations 1984

(1) For section 9(2) of the Act, the prescribed circumstances are that, at the time of the accident, the injured person had a concentration of alcohol:

(a) in his or her breath of 0.08 grams or more per 210 litres of exhaled breath; or

(b) in his or her blood of 0.08 grams or more per 100 millilitres of blood.

(2) If a breath analysis is carried out on the person in accordance with section 29AAC or 29AAD of the Traffic Act 1987, the breath alcohol concentration indicated by the analysis is taken to be the concentration of alcohol in the person's breath at the time of the motor accident.

(3) If a sample of the person's blood is taken in accordance with section 29AAK of the Traffic Act 1987 within 4 hours of the motor accident, the blood alcohol concentration indicated by analysis of the sample is taken to be the concentration of alcohol in the person's blood at the time of the motor accident.

(4) For subregulations (2) and (3), if more than one analysis mentioned in those subregulations is carried out in relation to a person, the analysis that shows the higher concentration of alcohol is to be used.

(5) If the person is required under the Traffic Act 1987 to submit to a breath analysis or provide a sample of blood and fails to do so, the concentration of alcohol in the person's breath or blood at the time of the accident is taken to exceed the concentration mentioned in subregulation (1)(a) or (b).

(6) However, subregulation (5) does not apply if the Commission is satisfied that the person had a reasonable excuse for the failure to submit to a breath analysis or provide a sample of blood.

(7) If subregulations (2) to (6) do not apply, the Commission may have regard to any relevant information or evidence to determine the concentration of alcohol in the person's breath or blood at the time of the motor accident.

breath analysis, see section 3(1) of the Traffic Act 1987.