38Enforcement of performance standards and civil penalties

#### 38 Enforcement of performance standards and civil penalties 38 Enforcement of performance standards and civil penalties > > (1) Performance standards provided for by a passenger service contract are to be enforced by civil penalty provisions or in any other manner that the contract may provide. > > > (2) A person who contravenes a provision of a passenger service contract that is enforceable by a civil penalty provision is liable to pay, as a debt due to the State, an amount determined in accordance with the contract as the penalty for the contravention. > > > (3) A passenger service contract may provide that an amount payable under a civil penalty provision may also be recovered by withholding amounts otherwise payable under the contract and may contain other related provisions. > > > (4) Subsection (1) does not limit the provisions of a passenger service contract that may be enforced by civil penalty provisions. > > > (5) In this section— > > > > civil penalty provision means a provision of a passenger service contract that provides for the payment of an amount of penalty for the contravention of a specified provision of the contract. > > > (6) This section has effect despite any other law.