Passenger Transport Act 1994

If a non-cash payment surcharge that contravenes regulations made for the purposes of this Part is imposed, the following persons are guilty of an offence:

the person who imposed the surcharge;

the owner or driver of the vehicle used to provide the point to point transport service;

in the case of a point to point transport service that is operated pursuant to a licence under Part 6—the holder of the licence;

any person who provided or maintains any equipment installed in the vehicle used to provide the point to point transport service that enabled the surcharge to be imposed;

any person who manages or administers the whole or any part of the system under which the amounts due for the hiring concerned may be paid by the use of a debit, credit, pre-paid or charge card;

a person of a class prescribed by the regulations. Maximum penalty: Maximum penalty: Division 4 fine.

A person must not, in a vehicle used to provide a point to point transport service, collect or initiate the collection of a non-cash payment surcharge that contravenes regulations made for the purposes of this Part. Maximum penalty: Maximum penalty: Division 4 fine.

A person must not collect, for the purposes of or while providing a centralised booking service, a non-cash payment surcharge that contravenes regulations made for the purposes of this Part. Maximum penalty: Maximum penalty: Division 4 fine.

It is a defence to an offence under this section if the defendant establishes that—

the non-cash payment surcharge was imposed or collected, or its collection was initiated, by another person; and

the defendant did not know, and could not reasonably be expected to know, that the other person had charged or collected, or would initiate the charge or collection of, a non-cash payment surcharge in respect of that hiring.

The maximum penalty that a court may impose for an offence against this section that is committed by a corporation is 5 times the maximum penalty that the court could, but for this subsection, impose as a penalty for the offence.