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In force2024 Revised Edition

Part · Compensation

40. When compensation is not payable

(1)

Compensation is not payable to any person for any loss or damage to the extent that —

(a)

an amount for the loss or damage has been recovered or is recoverable by him under a policy of insurance; or

(b)

the conduct of that person contributed to the loss or damage.

(2)

Compensation is not payable to any person for any loss or damage if the loss or damage would have occurred in any event, irrespective of the exercise, or purported exercise, of the power.

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