Queensland Consolidated Acts Queensland Consolidated Acts(1) This section applies if a person intentionally, recklessly or negligently damages works on a busway or railway.
(2) The person is liable to pay the relevant person the cost of repairing the damage.
(3) However, if the damage is caused by the driver of a vehicle whose identity is unknown, or who can not be located, the registered operator of the vehicle is liable for the costs of repairing the damage, unless the vehicle was being used without the registered operator's knowledge or permission.
(4) Subsections (2) and (3) apply, whether or not the damage constitutes, or is done in connection with, an offence against this Act.
(5) However, if—
(a) a court finds a person guilty of an offence against this Act; and
(b) in committing the offence, the person damaged works;
the court may, as well as imposing a penalty, order the person to pay an amount towards the cost of repairing the damage.
(6) In this section—
registered operator means the person in whose name the vehicle is registered.
relevant person means—
(a) for damage to works on a busway—the chief executive; or
(b) for damage to works on a railway—
(i) if the works are or were carried out by or on behalf of an accredited rail infrastructure manager for railway operations relating to the railway—the rail infrastructure manager; or
(ii) otherwise—the chief executive.
repairing includes replacing and reconstructing.
works means—
(a) for a busway—
(i) ancillary works and encroachments; or
(ii) busway transport infrastructure works; or
(b) for a railway—railway works.