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TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 164AB Road compensation order

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 164AB

Road compensation order

164AB Road compensation order

(1) If a court convicts a person of a dangerous goods vehicle offence, the court may make an order (
"road compensation order" ) requiring the offender to pay to the responsible entity an amount by way of compensation for damage caused to any road infrastructure as a consequence of the commission of the offence.
(2) The road compensation order may be made on application by the prosecutor and is in addition to any other penalty imposed for the offence.
(3) The court may make the road compensation order if satisfied on the balance of probabilities that the commission of the offence caused or contributed to the damage.
(4) The road compensation order may be made when the court convicts the person of the dangerous goods vehicle offence or at any time afterwards, but not later than the period within which a prosecution for the offence could have been started.