TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 164AE Limits on amount of compensation

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

164AE Limits on amount of compensation

(1) If, in making the road compensation order, the court is satisfied that—

(a) the commission of the dangerous goods vehicle offence contributed to the damage the subject of the order; but

(b) other factors not connected with the commission of the offence also contributed to the damage;

the court must limit the amount of the compensation payable by the offender to the amount the court assesses as being the offender’s contribution to the damage.

(2) The maximum amount of compensation can not exceed the monetary limit to the court’s jurisdiction in civil proceedings.

(3) The court may not include in the road compensation order any amount for—

(a) personal injury or death; or

(b) loss of income, whether sustained by the State or any other entity; or

(c) damage to any property, including a vehicle, that is not part of the road infrastructure.