TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 164AC
Assessment of compensation
TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 164AC
Assessment of compensation
164AC Assessment of compensation
(1) In making the road compensation order, the court may assess the amount of
compensation, or any other matter relevant to the assessment. Example of any
other matter— the estimated cost of remedying the damage the subject of the
road compensation order
(2) In assessing the amount of compensation, the
court may take into account the matters it considers relevant, including all
or any of the following— (a) any evidence adduced in connection with the
prosecution of the offence;
(b) any evidence not adduced in connection with
the prosecution of the offence but adduced in connection with the making of
the proposed order;
(c) any certificate of the responsible entity stating
that the responsible entity maintains the relevant road;
(d) any other
certificate of the responsible entity, including, for example, a
certificate— (i) estimating the monetary value of all or any part of the
road infrastructure or of the damage to it; or
(ii) estimating the cost of
remedying the damage; or
(iii) estimating the extent of the offender’s
contribution to the damage.
