sec.67Recovery of cost of damage

### sec.67 Recovery of cost of damage This section applies if a person intentionally, recklessly or negligently damages railway works on the railway. The person is liable to pay the relevant person for the railway works the cost of repairing the damage. However, if the damage is caused by the driver of a vehicle whose identity is unknown, or who can not be located, the registered operator of the vehicle is liable for the costs of repairing the damage, unless the vehicle was being used without the registered operator’s knowledge or permission. Subsections (2) and (3) apply, whether or not the damage establishes, or relates to, an offence against this Act. However, if— a court finds a person guilty of an offence against this Act; and in committing the offence, the person damaged works; the court may, as well as imposing a penalty, order the person to pay an amount towards the cost of repairing the damage. In this section— registered operator means the person in whose name the vehicle is registered. relevant person , for railway works, means— if the railway works are or were carried out by or for a railway manager—the railway manager; or otherwise—the Coordinator-General. repairing includes replacing and reconstructing. (sec.67-ssec.1) This section applies if a person intentionally, recklessly or negligently damages railway works on the railway. (sec.67-ssec.2) The person is liable to pay the relevant person for the railway works the cost of repairing the damage. (sec.67-ssec.3) However, if the damage is caused by the driver of a vehicle whose identity is unknown, or who can not be located, the registered operator of the vehicle is liable for the costs of repairing the damage, unless the vehicle was being used without the registered operator’s knowledge or permission. (sec.67-ssec.4) Subsections (2) and (3) apply, whether or not the damage establishes, or relates to, an offence against this Act. (sec.67-ssec.5) However, if— a court finds a person guilty of an offence against this Act; and in committing the offence, the person damaged works; the court may, as well as imposing a penalty, order the person to pay an amount towards the cost of repairing the damage. (sec.67-ssec.6) In this section— registered operator means the person in whose name the vehicle is registered. relevant person , for railway works, means— if the railway works are or were carried out by or for a railway manager—the railway manager; or otherwise—the Coordinator-General. repairing includes replacing and reconstructing. - (a) a court finds a person guilty of an offence against this Act; and - (b) in committing the offence, the person damaged works; - (a) if the railway works are or were carried out by or for a railway manager—the railway manager; or - (b) otherwise—the Coordinator-General.