{"id":"nsw:sl-2018-0147","name":"Road Transport (Minimum Toll Expenditure Calculation) Order 2018","slug":"road-transport-minimum-toll-expenditure-calculation-order-2018","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"147 of 2018","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176666,"registerId":"nsw-nsw:sl-2018-0147-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Order","content":"#### 1 Name of Order\n\n1 Name of Order\n\n> This Order is the [Road Transport (Minimum Toll Expenditure Calculation) Order 2018](/view/html/inforce/current/sl-2018-0147).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Order commences on 16 April 2018 and is required to be published on the NSW legislation website.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Order:\n> > \n> > e-tag for a tolling account means an electronic tag linked with the account to track tolls incurred in respect of one or more registrable light motor vehicles.\n> > \n> > e-tag matched vehicle for a tolling account means a registrable light motor vehicle that is identified for the purposes of the account as a vehicle in respect of which a toll is incurred because of the presence in or with the vehicle of an e-tag for the account.\n> > \n> > M5 Cashback Scheme means the M5 Cashback Scheme conducted by the NSW Government to enable participants to claim back tolls paid in respect of the M5 South-West Motorway.\n> > \n> > minimum expenditure amount in tolls for a previous financial year:\n> > \n> > > (a) in relation to a waiver of all or half of a registration fee—has the same meaning as it has in clause 127A of the Regulation, or\n> > \n> > > (b) in relation to an exemption from or 50% reduction of motor vehicle tax—has the same meaning as it has in clause 5 of the [Motor Vehicles Taxation Regulation 2016](/view/html/repealed/current/sl-2016-0516).\n> > \n> > photograph matched vehicle for a tolling account means a registrable light motor vehicle that is identified for the purposes of the account as a vehicle in respect of which a toll is incurred because it has activated a camera (and not because of the presence in or with the vehicle of an e-tag for the account).\n> > \n> > the Regulation means the [Road Transport (Vehicle Registration) Regulation 2017](/view/html/inforce/current/sl-2017-0451).\n> > \n> > toll service provider has the same meaning as in clause 78 of the [Roads Regulation 2018](/view/html/inforce/current/sl-2018-0512).\n> > \n> > tolling account means an account provided by a toll service provider for the purpose of enabling the account holder to pay tolls.\n> > \n> > Note—\n> > \n> > The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Order.\n> \n> > (2) Words or expressions used in this Order that are defined for the purposes of clause 127A of the Regulation have the same meanings as in that clause, unless otherwise defined in this Order.\n> > \n> > Note—\n> > \n> > For example, toll is defined in clause 127A of the Regulation to mean a toll (inclusive of GST) levied in connection with a vehicle’s use of a tollway, bridge, tunnel or road-ferry within the meaning of the [Roads Act 1993](/view/html/inforce/current/act-1993-033) (but excluding any administrative charges or fees paid in connection with the toll or a tolling account).\n> \n> > (3) Notes included in this Order do not form part of this Order.\n> \n> **cl 3:** Am 2019 (198), Sch 1 \\[1\\]–\\[3\\].","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Tolling accounts required","content":"#### 4 Tolling accounts required\n\n4 Tolling accounts required\n\n> The methods specified by this Order can only be used in respect of tolls that are paid using a tolling account.","sortOrder":3},{"sectionNumber":"4A","sectionType":"section","heading":"Method for calculating for tolling accounts with more than one e-tag for 2017–2018 financial year","content":"#### 4A Method for calculating for tolling accounts with more than one e-tag for 2017–2018 financial year\n\n4A Method for calculating for tolling accounts with more than one e-tag for 2017–2018 financial year\n\n> > (1) Despite clause 5, this clause specifies the method to be used for the purposes of clause 127A of the Regulation in calculating the minimum expenditure amount in tolls for the 2017–2018 financial year in respect of a tolling account with more than one e-tag for the account.\n> \n> > (2) The minimum expenditure amount in tolls is to be calculated as follows:\n> > \n> > > (a) only the amount of tolls paid in respect of e-tag matched vehicles for the account during the 2017–2018 financial year using the 2 e-tags that incurred the greatest amount of tolls can be counted,\n> > \n> > > (b) in addition to paragraph (a), the tolls paid in respect of any photograph matched vehicles for the tolling account during the 2017–2018 financial year can be counted.\n> \n> > (3) However, any amount in tolls paid during that year by a registered participant in the M5 Cashback Scheme in connection with the use of any part of the M5 South-West Motorway to which the Scheme applies cannot be counted towards the minimum expenditure amount in tolls.\n> \n> **cl 4A:** Ins 2018 (281), Sch 1 \\[1\\].","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Method for calculating for tolling accounts with e-tags","content":"#### 5 Method for calculating for tolling accounts with e-tags\n\n5 Method for calculating for tolling accounts with e-tags\n\n> > (1) This clause specifies the method to be used for the purposes of clause 127A of the Regulation in calculating the minimum expenditure amount in tolls for a previous financial year in respect of a tolling account.\n> \n> > (2) The following amounts can be counted towards determining whether the minimum expenditure amount in tolls for the financial year concerned has been reached:\n> > \n> > > (a) the amount of tolls paid in respect of any e-tag matched vehicles for the tolling account during that financial year,\n> > \n> > > (b) the amount of tolls paid in respect of any photograph matched vehicles for the tolling account during that financial year.\n> \n> > (3) However, any amount in tolls paid during that year by a registered participant in the M5 Cashback Scheme in connection with the use of any part of the M5 South-West Motorway to which the Scheme applies cannot be counted towards the minimum expenditure amount in tolls.\n> \n> **cl 5:** Am 2019 (198), Sch 1 \\[4\\] \\[5\\].","sortOrder":5},{"sectionNumber":"5A","sectionType":"section","heading":"Two or more e-tags may be treated as one e-tag","content":"#### 5A Two or more e-tags may be treated as one e-tag\n\n5A Two or more e-tags may be treated as one e-tag\n\n> > (1) In calculating the minimum expenditure amount under clause 4A, the Authority may treat 2 or more e-tags (whether or not for the same tolling account) as one e-tag if the Authority determines it is appropriate to do so in the circumstances.\n> \n> > (2) Without limiting subclause (1), the Authority may determine it is appropriate to do so on the basis that one of the e-tags has been replaced by one or more of the other e-tags.\n> \n> **cl 5A:** Ins 2018 (281), Sch 1 \\[2\\]. Am 2019 (198), Sch 1 \\[6\\].","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Method for calculating for tolling accounts without e-tags","content":"#### 6 Method for calculating for tolling accounts without e-tags\n\n6 Method for calculating for tolling accounts without e-tags\n\n> > (1) This clause specifies the method to be used for the purposes of clause 127A of the Regulation in calculating the minimum expenditure amount in tolls for a previous financial year in respect of a tolling account with no e-tags for the account.\n> \n> > (2) The amount of tolls paid in respect of any photograph matched vehicles for the tolling account during the financial year concerned can be counted towards determining whether the minimum expenditure amount in tolls for that financial year has been reached.\n> \n> > (3) However, any amount in tolls paid during that year by a registered participant in the M5 Cashback Scheme in connection with the use of any part of the M5 South-West Motorway to which the Scheme applies cannot be counted towards the minimum expenditure amount in tolls.\n> \n> **cl 6:** Am 2019 (198), Sch 1 \\[7\\].","sortOrder":7}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The Order appears to maintain its original scope. It was created to specify calculation methods for minimum toll expenditure and has remained focused on that purpose. The amendments in 2018 and 2019 refined the calculation methods (particularly for multiple e-tags and the 2017-2018 transitional year) but did not expand the Order into new policy areas beyond its original intent of operationalising the toll expenditure calculation requirements in the parent Regulation."},"complexity_factors":["Multiple calculation methods depending on account type (with e-tags, without e-tags, multiple e-tags)","Special one-year-only rule for 2017-2018 financial year (clause 4A)","Cross-references to external regulations: Road Transport (Vehicle Registration) Regulation 2017, Motor Vehicles Taxation Regulation 2016, and Roads Regulation 2018","8 defined terms in clause 3, with some definitions themselves containing nested definitions or cross-references","Discretionary power granted to 'the Authority' to treat multiple e-tags as one (clause 5A)","Consistent exclusion clause repeated in three places (M5 Cashback Scheme exclusion in clauses 4A, 5, and 6)","Amendment history notes indicating the Order has been modified twice since original publication"],"plain_english_summary":"This Order sets out the rules for calculating how much a person has spent on tolls in a financial year, which determines whether they qualify for discounts on their vehicle registration fees or motor vehicle tax in New South Wales.\n\n**Who it affects:**\n- NSW drivers who use toll roads and want to claim registration fee waivers or motor vehicle tax reductions\n- People with tolling accounts (electronic accounts used to pay tolls automatically)\n- Participants in the M5 Cashback Scheme (a program where drivers can claim back tolls paid on the M5 South-West Motorway)\n\n**What it does:**\n- **Establishes calculation methods** for determining if someone has spent enough on tolls to qualify for registration discounts. The threshold is known as the \"minimum expenditure amount.\"\n- **Different rules for different account types:**\n  - **Accounts with e-tags** (electronic tags in vehicles): Can count tolls paid via e-tag matched vehicles and photograph matched vehicles (where cameras identify the vehicle instead of electronic tags)\n  - **Accounts with multiple e-tags:** For the 2017-2018 financial year only, only the two e-tags with the highest tolls can be counted, plus any photograph matched vehicles\n  - **Accounts without e-tags:** Can only count tolls from photograph matched vehicles\n- **Excludes M5 Cashback tolls:** Any tolls that a driver has already claimed back through the M5 Cashback Scheme cannot be counted toward the minimum expenditure amount (preventing double-dipping)\n- **Allows flexibility:** Roads and Maritime Services (referred to as \"the Authority\") can treat multiple e-tags as one e-tag if appropriate (for example, when an e-tag is replaced)\n\n**Why it matters:**\nThis Order ensures that toll expenditure is calculated fairly and consistently when determining eligibility for vehicle registration discounts. It prevents people from claiming discounts on tolls they've already been reimbursed for through the Cashback Scheme, and provides sensible rules for families or businesses with multiple vehicles and e-tags."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Order does not expand or remove the categories of persons or benefits covered by clause 127A; it specifies the mechanical method for calculating the minimum toll expenditure. It adds a transitional calculation rule for 2017–18 (cl 4A) and an express discretion to aggregate e-tags (cl 5A), but does not change the underlying eligibility scope set out in clause 127A (see cl 3 and cl 5)."},"complexity_factors":["Multiple calculation routes: distinct methods for accounts with e-tags, without e-tags, and a transitional rule for 2017–18 (cl 5, cl 6, cl 4A).","Cross-references and definitions: relies on clause 127A of the Road Transport (Vehicle Registration) Regulation 2017 and other external regulations for key terms and thresholds (cl 3).","Disallowance of specific payments: tolls refunded under the M5 Cashback Scheme cannot be counted (cl 4A(3), cl 5(3), cl 6(3)).","Administrative discretion: the Authority may aggregate two or more e-tags and treat them as one for calculations (cl 5A), introducing case-by-case decision-making.","Operational constraint: only tolls paid using a tolling account are eligible, creating an explicit compliance requirement for users (cl 4).","Transitional and amendment history affecting application timing and specific years (inserted/amended provisions noted in clauses 4A and 5A)."],"plain_english_summary":"This Order prescribes how to calculate a vehicle’s \"minimum expenditure amount\" in tolls for prior financial years so the vehicle can qualify for registration-fee waivers or motor vehicle tax reductions. It applies only to tolls paid through a tolling account and treats tolls recorded by e-tags and by photographic detection differently.\n\nThe Order excludes amounts refunded under the M5 Cashback Scheme, provides a special rule for accounts with multiple e-tags in 2017–18, and gives the road authority discretion to treat two or more e-tags as a single e-tag."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available metadata, the Order appears to have remained focused on its original narrow purpose — calculating minimum toll expenditure. The two amendments (June 2018 and May 2019) likely refined the calculation method or updated figures rather than expanding or contracting the fundamental scope of the instrument. No evidence of scope drift is apparent from the information provided."},"complexity_factors":["The Order itself is likely technically focused on a specific mathematical calculation, which can involve precision and defined variables","It sits within a broader regulatory framework of NSW road transport and toll legislation, requiring understanding of that context","The Order has been amended twice, meaning there are multiple versions and transitional considerations about which version applies at any given time","Without the actual substantive content being available in the provided text, the true complexity of the formula or calculation method cannot be fully assessed — the score reflects likely moderate simplicity based on the narrow, specific subject matter"],"plain_english_summary":"This NSW Order prescribes the mathematical method for calculating a \"minimum toll expenditure\" used to determine eligibility for toll relief, rebates or caps. It chiefly affects frequent NSW toll‑road users and Transport for NSW as administrator.\n\nBecause the actual formula text isn't provided here, the summary flags that the Order’s precise calculation rules—critical to who qualifies and how much they receive—are not available for detailed review."}},"importantCases":[],"_links":{"self":"/api/acts/road-transport-minimum-toll-expenditure-calculation-order-2018","history":"/api/acts/road-transport-minimum-toll-expenditure-calculation-order-2018/history","analysis":"/api/acts/road-transport-minimum-toll-expenditure-calculation-order-2018/analysis","conflicts":"/api/acts/road-transport-minimum-toll-expenditure-calculation-order-2018/conflicts","importantCases":"/api/acts/road-transport-minimum-toll-expenditure-calculation-order-2018/important-cases","documents":"/api/acts/road-transport-minimum-toll-expenditure-calculation-order-2018/documents"}}