Enforcement of performance standards and civil penalties
38 Enforcement of performance standards and civil penalties
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.
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.
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.
Subsection (1) does not limit the provisions of a passenger service contract that may be enforced by civil penalty provisions.
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.
This section has effect despite any other law.
This Act’s bill:Explanatory memorandumSecond reading speech
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