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TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 56
Using documents voided for nonpayment
56 Using documents voided for nonpayment
(1) This section applies to a person (the
"applicant" ) who pays the fee for a licence or other document under a
transport Act by cheque or other method of payment.
(1A) However, this
section does not apply to a licence or other document specified under a
regulation.
(2) If the cheque or payment is not honoured on presentation or
is later dishonoured— (a) the licence or document is void from the day it
was issued; and
(b) the applicant must, on demand by the chief executive or
commissioner, immediately give the licence or document to the department or a
police officer.
(3) If, after the demand— (a) the applicant fails to
immediately give the licence or document to the department or a police
officer; or
(b) the applicant uses, continues to use, or allows someone else
to use, the licence or document; or
(c) a person other than the applicant
(the
"other person" ) uses, continues to use, or allows someone else to use, the
licence or document;
the applicant and the other person commit an offence.
Penalty— Maximum penalty—60 penalty units.
(4) It is a defence for
the other person to prove he or she did not know a demand had been made under
subsection (2) (b) .
(5) If the State incurs expense because a cheque or
payment is not honoured or is later dishonoured— (a) the applicant must
reimburse the expense; and
(b) the amount of the expense may be recovered as
a debt payable by the applicant to the State.
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