Commercial Passenger Vehicle Industry Act 2017
116Preference must be given to compensation
Start here
Get a plain-English read of 116
Turn the raw legal text into a practical explanation grounded in Commercial Passenger Vehicle Industry Act 2017.
116 Preference must be given to compensation
The Supreme Court must give preference to making an order for compensation if it considers that—
(a) it is appropriate to order a person (the defendant) to pay a civil penalty under section 115(1) in relation to—
(i) a contravention of section 113(3); or
(ii) conduct referred to in section 115(2)(b), (c), (d), (e) or (f) that relates to a contravention of section 113(3); and
(b) it is appropriate to order the defendant to pay compensation under section 120 to a person who has suffered loss or damage because of that contravention or conduct; and
(c) the defendant does not have sufficient financial resources to pay both the civil penalty and the compensation.
S. 117 inserted by No. 63/2017 s. 18.