Transport Infrastructure Act 1994

The driver of a designated vehicle entering, or on, a toll road is liable, at each toll plaza through which the vehicle passes, for—

the toll payable at the toll plaza for the use of the toll road by the vehicle; and

if the driver satisfies the driver’s liability under paragraph (a) other than in cash or by use of a touch tag or the E toll system—the user administration charge for the toll.

The amount of any unpaid toll or user administration charge may be recovered by the toll road operator as a debt from the driver, subject to any applicable agreement made by the toll road operator.

However, the driver is not liable to pay the amount of the user administration charge for the toll if the toll is unpaid because—

the driver’s transponder or other electronic device is faulty through no fault of the driver and the driver is unaware it is faulty; or

the E toll system is faulty or otherwise inoperable.

The driver may satisfy the driver’s liability for the toll payable at a toll plaza by—

if a part of the toll plaza is designated by appropriate signs as available for making a toll payment in cash—making a payment in cash of the toll payable; or

if a part of the toll plaza is designated by appropriate signs as available for making a toll payment by using a touch tag—using a touch tag as required by the toll road operator; or

if there is an E toll only pay point at the toll plaza, or another part of the toll plaza designated by appropriate signs as available for using the E toll system—using the E toll system as required under section 95(1); or

if a gazette notice under section 93 provides another way of making the payment—making the payment in that way.

If the designated vehicle is at an E toll only pay point at the toll plaza, the driver may satisfy the driver’s liability for the toll only by using the E toll system in accordance with the requirements of section 95(1).