Western Australian Current Acts

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RAIL FREIGHT SYSTEM ACT 2000 - SECT 58

58 .         Civil penalty, agreements etc. may provide for

        (1)         An agreement under section 13 or an instrument under which a person holds an interest in corridor land under Part 3 may provide for a party to be liable to pay an amount determined under the agreement or instrument, by way of civil penalty, in respect of a breach of the agreement or instrument.

        (2)         The agreement or instrument may provide for an increase in the amount of the civil penalty because of each day or part of a day during which a breach continues.

        (3)         A civil penalty provided for in accordance with this section is recoverable even though no damage may have been suffered or the penalty may be unrelated to the extent of any damage suffered.



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