New South Wales Consolidated Regulations

ROADS (GENERAL) REGULATION 2000 - REG 23B

23B Objections in relation to payment of toll

(1) A person who has paid a toll, or who is required to pay a toll, under this Part may object to:

(a) the imposition of the toll, or

(b) the amount of toll imposed,

if the person is of the opinion that he or she is not liable for the toll (or the full amount of the toll) imposed.

(2) An objection referred to in subclause (1) must:

(a) be in writing addressed to the toll operator, and

(b) if a toll was paid as referred to in clause 22-state the location and approximate time and date when the liability to pay the toll was alleged to have been incurred and the time and manner of the payment of that toll, and

(c) if the objector received a written notice as referred to in paragraph (h)-include a copy of that notice or relevant details from that notice such as any reference number and the time, date, toll collection point, lane and direction of travel when the liability to pay the toll is alleged to have been incurred, and

(d) set out the grounds of the objection, and

(e) be signed by the objector, and

(f) if the toll was paid at the toll collection point-be made within 14 days after the payment of the toll, and

(g) if the toll was paid other than at the toll collection point-be made within 14 days after receipt by the objector of a statement from the toll operator or person approved by the toll operator indicating that the toll has been paid and the amount paid, and

(h) if the toll was not paid-be made within 7 days after the objector is notified in writing of his or her liability to pay the toll.

(3) A toll operator may deal with an objection by:

(a) reimbursing to the objector all or part of the toll, or waiving payment of all or part of the toll, the subject of the objection, or

(b) dismissing the objection.

(4) An objection under subclause (2) is not invalid merely because all the requirements of that subclause are not met but, in that case, the toll operator:

(a) may, within 7 days after receiving the objection, require the objector to provide such further information in relation to the objection as is specified by the toll operator, and

(b) must deal with the objection, and notify the objector of the decision on the objection, within 7 days after the further information is received by the toll operator.

(5) Unless the objector is required to provide further information under subclause (4), the toll operator must, within 7 days after receiving an objection under this clause, notify the objector of the decision on the objection.

(6) A notification under this clause must:

(a) be in writing, and

(b) state that the objector may apply for a review of the decision as referred to in clause 23C.