Disposal of fees, penalties etc.
480 Disposal of fees, penalties etc.
Fees or other amounts received or recovered under this Act in relation to the operations of a GOC, or a local government under chapter 15, are to be paid to the GOC or local government.
A penalty received or recovered in relation to the operations of a GOC for an infringement notice offence under the State Penalties Enforcement Act 1999 concerning a vehicle parking or stopping offence under this Act is to be paid to the GOC.
Penalties received or recovered in relation to a local government’s tolling enforcement by an entity other than the local government are to be paid to the local government.
Penalties received or recovered by a local government in relation to the local government’s tolling enforcement may be retained by the local government.
To remove doubt, it is declared that a penalty received or recovered in relation to the operations of a local government for an offence under a local law authorised by chapter 15 is to be paid to the local government.
The following amounts are controlled receipts for the purpose of the Financial Accountability Act 2009—
a fee paid to the chief executive under a regulation mentioned in section 459(3) or 466(4)(a);
a levy paid to the chief executive under a regulation mentioned in schedule 1, part 1, item 21.
A declared amount received or recovered by the chief executive is to be retained by the chief executive and not paid into the consolidated fund.
Fees or other amounts under section 466 received or recovered by a manager of a public marine facility are to be retained by the manager and not paid into the consolidated fund.
All other fees, penalties and other amounts received or recovered under this Act are to be paid to the consolidated fund.
In this section—
declared amount means any of the following—
a fee or charge under section 79(2);
a fee under section 459(3);
a levy under schedule 1, part 1, item 21.
local government tollway see section 105GA(5).
relevant tolling offence means an offence against section 105ZH(7), 105ZJ(4) or 105ZK(7).
tolling enforcement, in relation to a local government, means enforcement of a relevant tolling offence committed in relation to a local government tollway in the local government’s area and started by—
an infringement notice served under the State Penalties Enforcement Act 1999; or
complaint and summons served under the Justices Act 1886.
This provision refers to the regulations (a regulation
). Made under this Act:
- Transport Infrastructure (Dangerous Goods By Rail) Regulation 2018
- Transport Infrastructure (Public Marine Facilities) Regulation 2023
- Transport Infrastructure (Rail) Regulation 2017
4 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory memorandum
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