New South Wales Consolidated Acts

HEAVY VEHICLE NATIONAL LAW (NSW) - SECT 612

612 Assessment of compensation

(1) In making a compensation order, the court may assess the amount of compensation required to be paid by the order in the way it considers appropriate, including, for example, by reference to the estimated cost of remedying the damage.

(2) In assessing the amount of compensation, the court may have regard to--

(a) evidence adduced in connection with the prosecution of the offence; and

(b) any evidence not adduced in connection with the prosecution of the offence but adduced in connection with the making of the order; and

(c) if the road manager is a public authority--

(i) any certificate of the public authority stating that the authority is responsible for maintaining the road infrastructure in relation to which the order is sought; and

(ii) any other certificate of the public authority, including, for example, a certificate--

(A) estimating the monetary value of all or part of the road infrastructure in relation to which the order is sought; or

(B) estimating the monetary value of, or the cost of remedying, the damage to the road infrastructure in relation to which the order is sought; or

(C) estimating the extent to which the commission of the offence contributed to the damage to the road infrastructure in relation to which the order is sought; and

(d) any other matters the court considers relevant.

(3) A person who purportedly signs a certificate of a type mentioned in subsection (2)(c) on behalf of a public authority is presumed, unless the contrary is proved, to have been authorised by the public authority to sign the certificate on the public authority's behalf.