TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 56 Using documents voided for nonpayment

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 56

56 Using documents voided for nonpayment

(1) This section applies to a person (the
"applicant" ) who pays the fee for a licence or other document under a transport Act by cheque or other method of payment.

(1A) However, this section does not apply to a licence or other document specified under a regulation.

(2) If the cheque or payment is not honoured on presentation or is later dishonoured—

(a) the licence or document is void from the day it was issued; and

(b) the applicant must, on demand by the chief executive or commissioner, immediately give the licence or document to the department or a police officer.

(3) If, after the demand—

(a) the applicant fails to immediately give the licence or document to the department or a police officer; or

(b) the applicant uses, continues to use, or allows someone else to use, the licence or document; or

(c) a person other than the applicant (the
"other person" ) uses, continues to use, or allows someone else to use, the licence or document;

the applicant and the other person commit an offence.

Penalty—

Maximum penalty—60 penalty units.

(4) It is a defence for the other person to prove he or she did not know a demand had been made under subsection (2) (b) .

(5) If the State incurs expense because a cheque or payment is not honoured or is later dishonoured—

(a) the applicant must reimburse the expense; and

(b) the amount of the expense may be recovered as a debt payable by the applicant to the State.