Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If:
(a) a carriage service provider (the first provider ) contravenes a standard in force under section 115; and
(b) the contravention relates to a particular customer; and
(c) the first provider is liable, under section 116, to pay damages (the primary damages ) to the customer for the contravention; and
(d) the contravention is wholly or partly attributable to one or more acts or omissions of another carriage service provider (the second provider ); and
(e) the first provider has discharged the liability for the primary damages;
the second provider is liable to pay damages (the secondary damages ) to the first provider for the acts or omissions.
(2) The amount of the secondary damages for the acts or omissions is:
(a) if the contravention is wholly attributable to the acts or omissions--an amount equal to the primary damages; or
(b) if the contravention is partly attributable to the acts or omissions--such amount (not exceeding the primary damages) as the court thinks fair and reasonable.
(3) If the second provider makes a payment to the first provider as a result of a right or remedy that:
(a) was available to the first provider otherwise than under this section; and
(b) arose out of the same acts or omissions;
the amount of the secondary damages payable for the acts or omissions is to be reduced (but not below zero) by the amount of the payment.
(4) The first provider may recover the amount of the secondary damages by action against the second provider in a court of competent jurisdiction.
(5) An action under this section must be instituted within 2 years after the first provider discharged the liability for the primary damages.
(6) If the customer dies, a reference in this section to the customer includes a reference to the legal personal representative of the customer.
(7) Paragraph (1)(a) does not apply to a contravention that occurs before the end of the period of 6 months beginning on the date of commencement of this section.