Australian Capital Territory Numbered Acts

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DANGEROUS GOODS (ROAD TRANSPORT) ACT 2009 (NO. 34 OF 2009) - SECT 149

Compensation orders—other orders and awards

    (1)     A 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 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 payment made under the order to the extent to which it is void must be repaid by the Territory.

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



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