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.