Transport Infrastructure Act 1994

The Minister may, by gazette notice, declare a toll may be payable for use of any of the following—

a State-controlled road or part of a State-controlled road;

a franchised road or part of a franchised road;

a road to be constructed under a road franchise agreement;

State toll road corridor land or part of State toll road corridor land.

A declaration under subsection (1) must include notice of the matters mentioned in schedule 5 for the toll road.

The Minister may, by gazette notice, make a declaration to amend the notification of a matter mentioned in schedule 5 included in a declaration made under subsection (1).

A declaration made under subsection (3) must—

if the declaration relates to a matter, of a type mentioned in schedule 5, items 1 to 4 or 9, relating to a toll payable under a declaration made under subsection (1)—include notice of the matters mentioned in schedule 5, items 1 to 4 and 9; or

if the declaration relates to the administration charge and the user administration charge payable under a declaration made under subsection (1)—include notice of the matters mentioned in schedule 5, items 5 and 7; or

if the declaration relates to a way of making payment of a toll liability, of a type mentioned in schedule 5, item 6, and a description of an arrangement for paying a toll, of a type mentioned in schedule 5, item 8, under a declaration made under subsection (1)—include notice of the matters mentioned in schedule 5, items 6 and 8.

A toll may be set in a way that applies differently—

to different classes of vehicles; or

by reference to stated exceptions or factors.

Subsection (5) does not limit schedule 5 or the Statutory Instruments Act 1992.

If a declaration made under this section relates to an administration charge, the charge must not be more than the reasonable cost, under this division, of—

issuing a notice about an unpaid toll; and

collecting the unpaid toll, an image processing fee for the toll and the administration charge.

If a declaration made under this section relates to a user administration charge, the charge—

may include a fee (an image processing fee) that is not more than the reasonable cost of capturing, processing and using an image to identify a vehicle at a toll plaza for the toll; and

so far as it does not comprise an image processing fee, must not be more than the reasonable cost, under this division, of administering and collecting payment of the toll.

A reference in a gazette notice under this section to a video matching fee is taken to be a reference to an image processing fee.