Compensation orders for damage to road infrastructure in consequence of MDLR offences
124 Compensation orders for damage to road infrastructure in consequence of MDLR offences
The court that finds a person guilty of an MDLR offence may make a compensation order requiring the offender to pay a road authority such amount by way of compensation as the court thinks fit for damage to any road infrastructure that the road authority has incurred or is likely to incur in consequence of the offence.
A compensation order may be made on the application of the prosecutor, the road authority or the CEO.
A compensation order is to be made in favour of the road authority.
The court may make a compensation order where it is satisfied on the balance of probabilities that the commission of the offence caused or contributed to the damage.
The court may make a compensation order when it finds the offender guilty of the offence or at any time afterwards, but not later than the period within which a prosecution for the offence could have been commenced.
This Act’s bill:Explanatory memorandumSecond reading speech
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