Commonwealth Consolidated Acts

ROAD TRANSPORT REFORM (DANGEROUS GOODS) ACT 1995 - SECT 44

             (1)  This section applies to an incident that relates to the transport of dangerous goods by road, being an incident:

                     (a)  wholly or partly constituted by or arising from:

                              (i)  the escape of dangerous goods; or

                             (ii)  an explosion or fire involving dangerous goods; or

                     (b)  that involves the danger of the escape of dangerous goods or an explosion or fire involving dangerous goods.

             (2)  If a government authority incurs costs as a result of the occurrence of an incident to which this section applies, so much of the costs as were reasonably incurred are recoverable as a debt due to the authority or to the Crown by action in a court of competent jurisdiction.

             (3)  The costs are recoverable jointly or severally from the following people:

                     (a)  the person who was the owner of the dangerous goods at the time of the incident;

                     (b)  the person who was in control or possession of the dangerous goods at the time of the incident;

                     (c)  the person who caused the incident;

                     (d)  the person responsible, otherwise than as an employee, agent or sub‑contractor of another person, for the transport of the dangerous goods by road.

             (4)  Costs are not recoverable from a person who establishes that:

                     (a)  the incident was due to the act or default of another person; and

                     (b)  the person could not, exercising reasonable care, have prevented the incident; and

                     (c)  the incident was not attributable to an employee, agent or sub‑contractor of the person.

             (5)  The recovery of costs incurred by one government authority as a result of the occurrence of an incident to which this section applies, including an award or judgment in relation to those costs or expenses, does not preclude the recovery of costs incurred by another government authority as a result of the occurrence of the incident.

             (6)  This section does not affect a right to recover an amount in respect of costs or expenses that exists apart from this section, but a government authority is not entitled to recover, in respect of the same costs or expenses, an amount under this section and an amount in proceedings founded on other rights.

             (7)  In proceedings under this section, a document apparently signed by the principal officer of the relevant government authority specifying details of the costs reasonably incurred as a result of the occurrence of an incident to which this section applies is, in the absence of evidence to the contrary, proof of the matter so specified.