Transport Infrastructure Act 1994

This section applies if, on the application of the chief executive, the Supreme Court is satisfied a railway manager has breached a train path obligation without a reasonable excuse.

However, the chief executive may not make an application under this section if a penalty notice has been given to the railway manager for the breach and has not been revoked.

To remove any doubt, it is declared that the chief executive may make an application under this section without first giving the railway manager a proposed penalty notice.

The Supreme Court may order the railway manager to pay the State as a civil penalty an amount of no more than—

for breach of section 265(1), 266(4) or 266(5A)—$50,000; or

for breach of section 266(5E) or 266A(2)—$250,000.

In fixing the penalty, the court must consider—

the nature and extent of the breach, including, for a breach of section 266(5E) or 266A(2)—

the benefit that the railway manager has obtained, or is likely to obtain, from the allocation of the train path; and

the extent of the adverse economic impact of the allocation of the train path on providers, and customers of providers, of the service mentioned in section 266(5E) or 266A(1); and

the extent of the social impact of the allocation of the train path; and

the circumstances in which the breach took place, including—

whether the breach was deliberate; and

whether the railway manager took steps to attempt to prevent the breach occurring or to mitigate the effect of the breach; and

whether the railway manager has previously engaged in any similar conduct.

If the Supreme Court orders payment of an amount under this section, the State may enforce the order as a judgment of the court for a debt of that amount.