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Electric Vehicles (Revenue Arrangements) Act 2021
17Pre-paid option for payment of road user charges
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#### 17 Pre-paid option for payment of road user charges
17 Pre-paid option for payment of road user charges
> > (1) This section applies if the registered operator of a relevant zero or low emissions vehicle is paying the road user charges payable in relation to the vehicle by the pre-paid option.
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> > (2) The registered operator must pay to Transport for NSW the road user charge—
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> > > (a) for each 1,000 kilometres the relevant zero or low emissions vehicle travels before the vehicle travels the kilometres, or
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> > > (b) otherwise in accordance with the regulations.
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> > (3) To avoid doubt, for the purposes of subsection (2)(a), the registered operator of a relevant zero or low emissions vehicle may pay the road user charge for any multiple of 1,000 kilometres the vehicle will travel.
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> > (4) Before the registered operator of a relevant zero or low emissions vehicle may pay road user charges under the pre-paid option, the registered operator must give Transport for NSW a current odometer reading for the vehicle.
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> > (5) For the purposes of subsection (4), a registered operator of a relevant zero or low emissions vehicle must give the odometer reading in the way approved by Transport for NSW.
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> > (6) At least one of the ways in which an odometer reading may be given under subsection (5) must be by using a device or system that does not transmit information to Transport for NSW without the intervention of the registered operator of the vehicle or another person.
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> > (7) A registered operator of a relevant zero or low emissions vehicle who is using the pre-paid option to pay the road user charges payable in relation to the vehicle must ensure the vehicle does not travel a number of kilometres that is more than the number of kilometres for which the road user charge for the vehicle has been paid, unless the operator has a reasonable excuse.
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> > (8) The regulations may provide—
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> > > (a) that a person who contravenes subsection (7) commits an offence against the subsection, and
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> > > (b) for a maximum penalty for the offence of not more than—
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> > > > (i) 20 penalty units for an individual, and
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> > > > (ii) 100 penalty units for a body corporate.
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> > (9) Despite subsection (7), a registered operator of a relevant zero or low emissions vehicle does not commit an offence under subsection (7) if the operator—
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> > > (a) travels no more than 500 kilometres more than the number of kilometres for which the road user charge for the vehicle has been paid, and
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> > > (b) pays the road user charges for the additional kilometres within 21 days after the operator is given written notice by Transport for NSW that the charges are payable.
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> > (10) For the purposes of subsection (7), a reasonable excuse includes, but is not limited to, an excuse prescribed by the regulations.
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> > (11) Without limiting subsection (10), the regulations may provide—
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> > > (a) that a reasonable excuse may include financial hardship, and
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> > > (b) for the circumstances or criteria that constitute financial hardship, and
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> > > (c) for conditions that apply to a reasonable excuse of financial hardship.