Transport (Safety Schemes Compliance and Enforcement) Act 2014
40Compensation may be claimed as part of a court proceeding
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40 Compensation may be claimed as part of a court proceeding
(1) Compensation may be claimed and ordered in a proceeding—
(a) commenced in a court of competent jurisdiction; or
S. 40(1)(b) amended by No. 41/2019 s. 44.
(b) for an offence against this Act or a transport safety law commenced against the person claiming compensation.
(2) The court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.
(3) The regulations may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order.
Division 6—Directions powers