78Overcharging for non-cash payment surcharge

78 Overcharging for non-cash payment surcharge

78 Overcharging for non-cash payment surcharge

(1) If a non-cash payment surcharge that contravenes a fares order is imposed, the following persons are guilty of an offence—

(a) the person who imposed the surcharge,

(b) the owner or driver of the taxi or hire vehicle and the holder of the taxi licence for the taxi,

(c) the provider of the service using the taxi or hire vehicle,

(d) any person who provided or maintains any equipment installed in the taxi or hire vehicle that enabled the surcharge to be imposed,

(e) 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.

(2) A person must not collect in a taxi or hire vehicle, or initiate the collection in a taxi or hire vehicle of, a non-cash payment surcharge that contravenes a fares order.

(3) A person must not collect, for the purposes of or while providing a booking service, a non-cash payment surcharge that contravenes a fares order.

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

(a) the taxi non-cash payment surcharge was imposed or collected or its collection was initiated by another person, and

(b) 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 taxi non-cash payment surcharge in respect of that hiring.

Maximum penalty—

(a) in the case of a body corporate—$110,000, or

(b) in the case of an individual—100 penalty units.