Australian Capital Territory Numbered Acts

ROAD TRANSPORT (MASS, DIMENSIONS AND LOADING) ACT 2009 (NO. 22 OF 2009) - SECT 411

    (1)     A roads compensation order must not be made if another court or tribunal has awarded compensatory damages or compensation in a civil proceeding for the damage based on the same or similar facts.

    (2)     If a court purports to make a roads compensation order in the circumstances mentioned in subsection (1)—

        (a)     the order is void to the extent that it covers the same matters as those covered by the other award; and

        (b)     any payments made under the order to the extent to which it is void must be repaid by the territory.

    (3)     The making of a roads compensation order does not prevent another court or tribunal from afterwards awarding damages or compensation in a civil proceeding for the damage based on the same or similar facts, but the court or tribunal must take the order into account when awarding damages or compensation.