New South Wales Consolidated Acts

ROAD TRANSPORT (GENERAL) ACT 2005 - SECT 28A

28A Incremental pricing schemes

(1) Regulations may be made for or with respect to the following matters:

(a) conditions of mass, dimension, load restraint or access concessions relating to incremental pricing charges,

Note: See section 76 for the definition of "mass, dimension, load restraint or access concession".

(b) the determination of incremental pricing charges,

(c) the notification of incremental pricing charges,

(d) conditions of mass, dimension, load restraint or access concessions relating to payment (including prepayment) of incremental pricing charges,

(e) the payment of money received by the Authority from incremental pricing charges to roads authorities and the use by roads authorities of that money,

(f) the use of information obtained by the use of an intelligent transport system or by other means for the purposes of incremental pricing schemes, including (but not limited to) the calculation of incremental pricing charges,

(g) the application of regulations made under section 11A to or in respect of the use, for the purposes of implementing and administering incremental pricing schemes, of information obtained by the use of an intelligent transport system,

(h) the monitoring and auditing of incremental pricing schemes and participants in such schemes,

(i) the records to be kept and information provided by such participants,

(j) regulating or prohibiting the collection, storage, use and disclosure of information obtained for the purposes of incremental pricing schemes or proposed schemes,

(k) without limiting paragraph (j), the use of information obtained for the purposes of an incremental pricing scheme for compliance or law enforcement purposes,

(l) the use of certificates relating to the following matters as evidence in any proceedings before a court or tribunal:

(i) conditions relating to incremental pricing schemes,

(ii) vehicles, operators and drivers subject to conditions referred to in subparagraph (i),

(iii) information obtained by the use of intelligent transport systems or by other means and used for the purposes of incremental pricing schemes,

(m) specifying the nature of the evidence that may or may not be used to rebut an evidentiary presumption established by a regulation made under paragraph (l),

(n) refunds of excess charges,

(o) any other matters ancillary or incidental to the operation of incremental pricing charges or schemes.

(2) A regulation made for the purposes of this section may create an offence punishable by a penalty not exceeding 200 penalty units.

(3) This section is in addition to, and does not limit, any other regulation-making power contained in this Act or any other applicable road law.

(4) Words and expressions used in this section have the same meaning as they have in Division 9 of Part 3.3.