sec.218HEntitlement to refund in particular circumstances

sec.218H Entitlement to refund in particular circumstances

This section applies if— a person is— convicted of an offence against section 218C (1) for a journey; or served with an infringement notice for an offence against section 218C (1) for a journey that has been dealt with under the State Penalties Enforcement Act 1999 ; and the offence is in relation to evading the payment of the fare for the journey in the circumstances mentioned in section 218D (5) ; and a passenger account, or the token used for the journey, has been charged a default fare for the journey that is more than the fare that would have been charged if the person had complied with section 218D (5) . The person is entitled to a refund of the difference between the fares. In this section— dealt with , for an infringement notice for an offence against section 218C (1) served on a person, means one of the following has happened under the State Penalties Enforcement Act 1999 — the person has paid the fine for the infringement notice in full; the person has elected to have the matter of the offence dealt with by a Magistrates Court and the matter has been finally decided against the person; the person has applied for approval to pay the fine for the infringement notice by instalments and the application has been approved; an order has been made against the person for the offence under section 38 of that Act. default fare means an amount the chief executive may charge under section 218M (1) . passenger account see section 143C (5) of the Act . s 218H ins 2020 SL No. 26 s 6 (sec.218H-ssec.1) This section applies if— a person is— convicted of an offence against section 218C (1) for a journey; or served with an infringement notice for an offence against section 218C (1) for a journey that has been dealt with under the State Penalties Enforcement Act 1999 ; and the offence is in relation to evading the payment of the fare for the journey in the circumstances mentioned in section 218D (5) ; and a passenger account, or the token used for the journey, has been charged a default fare for the journey that is more than the fare that would have been charged if the person had complied with section 218D (5) . (sec.218H-ssec.2) The person is entitled to a refund of the difference between the fares. (sec.218H-ssec.3) In this section— dealt with , for an infringement notice for an offence against section 218C (1) served on a person, means one of the following has happened under the State Penalties Enforcement Act 1999 — the person has paid the fine for the infringement notice in full; the person has elected to have the matter of the offence dealt with by a Magistrates Court and the matter has been finally decided against the person; the person has applied for approval to pay the fine for the infringement notice by instalments and the application has been approved; an order has been made against the person for the offence under section 38 of that Act. default fare means an amount the chief executive may charge under section 218M (1) . passenger account see section 143C (5) of the Act .