221LImposing more than the maximum payment surcharge

221L Imposing more than the maximum payment surcharge (1) A defined person commits an offence if— (a) a payment surcharge is imposed; and (b) the payment surcharge exceeds the maximum payment surcharge. (2) It is a defence to a prosecution for an offence against this section if (a) someone else imposed the payment surcharge; and (b) the defendant did not know, and could not reasonably be expected to know, that the other person would impose the payment surcharge. (3) It is a defence to a prosecution for an offence against this section if (a) someone else imposed the payment surcharge; and (b) the defendant knew that the other person would impose the payment surcharge; and

(c) the defendant told the person on whom the payment surcharge was imposed that the person did not have to pay the part of the surcharge that exceeded the maximum payment surcharge. Note The defendant has a legal burden in relation to the matters mentioned in s (2) and (3) (see Criminal Code, s 59). defined person means any of the following people: (a) the person who imposed the surcharge; (b) the bookable vehicle driver; (c) the bookable vehicle licensee; (d) any person who provided or maintains any equipment installed in the bookable 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 may be paid using a declared payment method.