Road Transport (Public Passenger Services) Regulation 2002
221MCollecting more than the maximum payment surcharge
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221M Collecting more than the maximum payment surcharge (a) the person initiates the collection of, or collects, a payment surcharge in a bookable vehicle; and (b) the payment surcharge exceeds the maximum payment surcharge for the declared payment method. (2) It is a defence to a prosecution for an offence against this section if (a) someone else initiated the collection of, or collected, the payment surcharge; and
NSW bookable vehicles in the ACT Division 3A.5.3 (b) the defendant did not know, and could not reasonably be expected to know, that the other person would initiate the collection of, or collect, the payment surcharge. Note The defendant has a legal burden in relation to the matters mentioned in s (2) (see Criminal Code, s 59).