Toll relief $60 weekly cap – Terms and Conditions

Sets out the terms and conditions for claiming the toll cap rebate including definitions, eligibility and exclusions.

1. Terms and Conditions

1.1 The Toll Relief Rebate ($60 Weekly Cap) Scheme (Scheme) was designed by the NSW Government to reduce the cost of living for personal frequent toll users who reside in NSW. Service NSW (SNSW) administers the Scheme with Transport for NSW (TfNSW) responsible for policy development and ownership.

1.2 SNSW is providing the Toll Relief Rebate Service (Service) to enable eligible customers to claim for the toll relief rebate based on their toll spend with their toll service provider.

1.3 The Scheme offers eligible motorists who spend more than $60 a week on tolls for a tag and/or licence plate number a rebate of up to $340 a week on each one. 
Claims can be made:

  1. on toll spend between $60 and $400 a week per tag and/or licence plate number. Every dollar after $60 per tag and/or licence plate number will be reimbursed up to $400. e.g. if someone spends $65, they will be reimbursed $5, if someone spends $400 or more they will be reimbursed a maximum of $340.
  2. on personal toll trips only.
  3. once a quarter. Any quarterly rebates not claimed will accrue until the claim period closure.

Eligibility will be assessed per tag and/or licence plate number on a weekly basis and claims are calculated and paid quarterly. 

The Scheme commenced on 1 January 2024 and is in place for two calendar years unless extended by the NSW Government.

1.4 These terms and conditions (Terms), together with the Toll Relief Privacy Collection Notice (Privacy Collection Notice), apply to your use of the Service.

1.5 By using the Service, you agree to comply with these Terms together with all relevant guidelines, instructions and procedures (Instructions) posted on this Service NSW website. Nothing in these Terms or the Instructions limits or qualifies any obligations under any legislation.

1.6 SNSW is not responsible for NSW toll road policy, or for the administration or collection of road tolls.

1.7 By accepting these Terms, you consent for any information you may have provided in the previous SNSW administered toll relief scheme (40% cash back) and your claims history, to be used to assess eligibility for compliance checks.

2. Changing these Terms

2.1 These Terms shall apply at the time you make a claim for rebate under the Scheme. 

2.2 SNSW may thereafter vary these Terms and publish them on this SNSW website. Any variation made to these Terms shall then apply to every subsequent claim for rebate you may make. Variations made to the Terms, if any will be contained in the published terms and conditions you will be required to read and accept before making a declaration in your subsequent claim(s) that you have done so. 

3. Definitions

The following definitions apply to these Terms:

a) Business Vehicle means a vehicle:

  1. registered with TfNSW under a business and/or
  2. used partially or wholly in the course of operating a business and/or
  3. provided to an employee of a business for business-related purposes.

b) Calendar year means the period from 1 January each year ending on 31 December. As this is a weekly based scheme, if the scheme end date falls mid-week, it will be adjusted to the following Sunday, to include a complete week.

c) Claim period closure means claims closing 6 months after the end of the calendar year of which the eligible toll spend has accrued.

d) Class A vehicles, or also known as class 2, means a Motorcycle or Car:

  1. with two axles, 2.8 metres or less in height and 12.5 metres or less in length; or
  2. with three axles, 2.0 metres or less in height and 12.5 metres or less in length.

e) Class B vehicles, or also known as class 4, means a Truck or Bus higher than 2.8m and/or having more than two axles. This can also include larger items being towed depending on the overall dimensions. (eg; Towing a trailer or caravan may change your vehicle's class.)

f) Document Verification Service is a tool provided by the Attorney-General's Department to verify whether the information on an identity document matches the original record.

g) Fair use limit means a maximum rebate of $340 a week on a tag and/or licence plate number.

h) Minimum toll spend threshold means a spend of more than $60 a week on tolls for a tag and/or licence plate number.

i) Personal toll account means a toll account without an Australian Business Number (ABN) listed on the account and used for personal toll trips only.

j) Rebate payment period means quarterly within the calendar year period.

k) Scheme means the scheme described in clause 1.1 of these Terms.

l) Service means the service described in clause 1.2 of these Terms.

m) Toll Service Provider means a provider who manages toll roads. In NSW there are currently two toll service providers, E-Toll and Linkt.

n) Weekly period follows the International Standard ISO 8601 where Monday is the first day of the week and Sunday is the last day of the week.

4. Eligibility Criteria

4.1 To be eligible for the Service, applicants claiming the rebate as a personal toll user must meet all the following criteria:

a) You are a NSW resident.

b) You spend more than $60 a week on tolls for each tag and/or licence plate number.

c) You have an active NSW personal toll account with a Toll Service Provider (not suspended or closed).

d) You have registered for the Service and have linked your MyServiceNSW account to your toll account.

e) The toll spend was accrued on a vehicle that: 

  1. is registered in NSW for private use and
  2. was charged as a Class A Vehicle and
  3. was not charged as a Class B vehicle. If you have travelled on a NSW toll road while driving a car towing a caravan, boat, horse float or any other combination which was detected as a Class B vehicle. No portion of the toll spend will be accrued for the Scheme and 
  4. is not a Business Vehicle.

f) The accrued toll spend was incurred on a NSW toll road, including any NSW toll roads which may exist in the future.

g) You paid for the eligible toll spend that has contributed towards a rebate from the Scheme.

h) You have not and will not be reimbursed for the eligible toll spend by an employer or throughout the course of business operations including, for example, ride-sharing, food/courier delivery services, hire car or business usage or; by a federal or state government agency or any other third party via the M5 Cashback Scheme.

i) You have not already claimed a rebate for the quarterly rebate payment period.

j) You or your toll account have not been suspended or deregistered from the Scheme on a discretionary basis due to suspected or identified non-compliance to these Terms. See Clause 5.11.

k) You are claiming within 6 months of the end of the calendar year of which the eligible toll spend has accrued. Claims received more than 6 months after the end of the calendar year of which the eligible toll spend has accrued will not be accepted.

l) Your NSW personal toll account does not list a Business Vehicle during the quarterly rebate payment period you submit a claim/s for. 

m) If you meet all eligible criteria for both Schemes, you can claim both the Toll Relief 40% rebate and the Toll Relief $60 weekly cap for the period between 1 January 2024 to 30 June 2024.

4.2 To apply for the rebate, you will need the following:

  1. A MyServiceNSW Account with SNSW
  2. Your toll account number with your toll service provider (E-Toll or Linkt)
  3. One of the vehicle licence plate numbers listed on your toll account
  4. Your contact email address listed on your toll account
  5. Two proof of identity documents that are supported by the Document Verification Service
  6. Your residential address
  7. Your mobile phone number
  8. Your bank account details.

5. Conditions

5.1 All information provided by you in connection with signing up for and using the Service must be true and correct. Giving false or misleading information is an offence under the Crimes Act 1900 (NSW).

5.2 By submitting a claim under the Service, you agree that:

a) You are the account holder of the respective tolling account, or you have been authorised by the account holder to claim the rebate under the Scheme

b) All information included in your claim is true, accurate and complete

c) You are entitled to submit the claim and

d) You are only registered to one toll account at a time during the claim period and

e) You are accepting liability for all activity on the toll account linked to your MyServiceNSW Account, with respect to the use of tags and use of vehicles that have accrued toll charges and 

f) To the extent that it includes information about other people, that you are authorised to disclose the information to SNSW.

5.3 A claim to receive the rebate should be submitted via the applicant’s MyServiceNSW Account. Applicants who do not have a MyServiceNSW Account can register for a MyServiceNSW Account online, by visiting a Service NSW Centre for assistance or contacting SNSW. Applicants who have difficulty applying for a MyServiceNSW Account should contact SNSW.

5.4 The rebate is stated in Australian dollars. You authorise SNSW to pay your rebate by electronic fund transfer into the bank account nominated by you in your toll relief rebate online claim. You acknowledge and agree that:

  1. Payment is made by SNSW when money is paid to your nominated bank account.
  2. SNSW is not responsible for any delays in payment or errors due to factors outside its reasonable control, including delays or errors in the financial system or errors in the supplied bank account details.
  3. SNSW is under no obligation to remedy any mistakes made by the applicant in nominating a bank account to receive the rebate. SNSW retains full discretion when deciding if and in what circumstances it will remedy a mistake made by the applicant.
  4. Where you are found to have been overpaid what SNSW is authorised to pay you under the Scheme, SNSW has a right of recovery of that unauthorised payment and may commence proceedings against you seeking judgment for the unauthorised payment.
  5. In the event of there being an amount that is erroneously paid to your nominated bank account, and the amount is not repaid to SNSW upon request, SNSW may offset that payment against any future rebate you are eligible for under the Scheme.
  6. The eligible toll spend that is used to calculate the rebate payment is determined by SNSW and may vary by up to $30 more or less than your actual eligible toll spend. SNSW will not pay the rebate difference if the variance in eligible toll spend is within $30 of the actual eligible toll spend.

5.5 Toll spend data has been provided to SNSW by the Toll Service Providers. SNSW will determine the rebate payment based on the toll spend data provided by the Toll Service Providers and SNSW is not responsible for any discrepancies in the toll spend data. All enquiries regarding actual or perceived toll spend discrepancies should be directed to your Toll Service Provider. 

5.6 It is the applicant’s responsibility to ensure their tags are in working order. 

5.7 SNSW is entirely reliant on how the toll spend is provided by the Toll Service Providers and is unable to amend or combine any information provided about toll spend across tags or licence plate numbers in circumstances where tags stop working. 

Ordinarily:

  1. When a tag is working the toll spend is accumulated on the one tag within a given weekly period.
  2. When a tag stops working, the toll spend is provided to SNSW across both tag and/or licence plate number from the same vehicle for that given weekly period.

In the event (b) occurs, the applicant’s ability to meet the $60 weekly minimum toll spend may be adversely impacted, however SNSW can only rely on information it receives from the Toll Service Providers to assess your eligibility.

5.8 It is the applicant’s responsibility to ensure their toll account details are correct and adhere to the Eligibility Criteria in Clause 4.1. SNSW will not pay applicants a rebate for periods where: 

  1. Vehicles have been registered in another state. 
  2. A vehicle and/or licence plate number is listed against another state within their toll account, even if the vehicle is registered in NSW.
  3. Your NSW personal toll account lists a vehicle registered for business use at any time during the quarterly rebate payment period that you are submitting a claim/s for.  

5.9 By making a claim for the rebate, applicants agree that their claim may be audited or investigated by SNSW to determine whether it is complying with these Terms and Conditions. 

a) The applicant must provide any information or documentation upon SNSW’s request that is reasonably required for the purpose of any such audit or investigation. This may include, but not limited to:

  1. toll statement/s and
  2. certificate of vehicle registration/s and
  3. bank statement/s and
  4. statutory declaration and 
  5. a list of licence plate numbers that have been used on your toll account and/or
  6. other documentation to prove your claim. 

b) SNSW will put an applicant’s claim temporarily on hold while it is being audited or investigated. 

c) SNSW may decline claims if information or documentation is not provided, or is provided but where SNSW is of the opinion the information or documentation is deficient, incomplete, or irregular.

5.10 If SNSW reasonably suspects a failure to comply with these Terms or reasonably suspects a case of fraud or other criminal activity, SNSW may disclose and share information associated with a claim with: 

  1. law enforcement and/or 
  2. the Australian Tax Office and/or
  3. other regulatory body, or law enforcement agency as required or permitted by law

for the purposes of assessing or investigating the claim. If the applicant fails to supply the requested information or documentation, SNSW may refuse a claim and/or it may result in one or more of the consequences in clause 5.12 for failure to demonstrate compliance with the Terms.

5.11 Applicants must retain all evidence including toll statement/s, certificate of vehicle registration, bank statements, or other similar documentation and evidence related to their eligibility and claim for 2 years from the date of receipt of rebate under the Scheme.

5.12 Failure to demonstrate compliance with these during the claim process, a compliance audit or otherwise, to the satisfaction of SNSW, may result in: 

  1. suspension from the Scheme (without reimbursement of outstanding claims) and/or 
  2. deregistration from the Scheme and/or 
  3. referral to a relevant law enforcement agency.

6. Exclusions from the Service

6.1 You acknowledge and understand that all the following are excluded from the Scheme and Service:

a) Toll spend incurred prior to 1 January 2024

b) Interstate tolling accounts

c) Tolls paid outside of a toll account

d) Trips made on toll roads outside of NSW

e) Trips made with casual toll products or special passes (for example ERider passes, eMU passes and LinktGO)

f) Tolls charged as a Class B vehicle

g) Licence plate recognition fees

h) M5 South-West toll spend where the applicant has opted into the M5 South-West Cashback Scheme

i) Transactions from Sydney Airport Corporation Limited (SACL)

j) Toll notice fees, toll account administration fees or any other fees or charges listed on your toll account

k) Trips made by Taxis, hire car and ride-sharing businesses

l) Trips made by Business Vehicles 

m) Trips made by food/courier delivery services

n) Trips reimbursed for the eligible toll spend by an employer or otherwise throughout the course of business.

7. Discontinuance of Service

SNSW reserves the right at any time and without notice to:

  1. suspend, discontinue or modify the Service in whole or part; and/or
  2. restrict access to the Service.

8. Liability

You acknowledge and agree that subject to any responsibilities implied by law and which cannot be excluded, SNSW is not liable to you for any losses, expenses, damages, liabilities and claims whatsoever, whether direct, indirect or consequential, arising out of or referable to the use of the Service or its discontinuance, however caused (including your reliance on any inaccurate or incomplete information or data contained within or displayed by the Service), whether in contract, tort (including negligence), statute or otherwise. SNSW’s liability for breach of a condition or warranty implied by law which cannot be excluded is limited to the extent possible to the resupply of the Service.

By accepting these Terms you are accepting liability in respect of your obligations under the Scheme in particular all activity on the toll account linked to your MyServiceNSW Account, related to the use of tags and use of vehicles that have accrued toll charges being claimed under the Scheme. 

9. No warranty

SNSW makes no representation or warranty in relation to the information available on the Service, including without limitation:

  1. that the Service will be continuously available or free from any delay in operation or transmission, virus, communications failure, internet access difficulties or malfunction in hardware and software; and
  2. that SNSW endorses any entity or internet site linked to its websites. By linking to a third-party website SNSW is not accepting responsibility for the content of that website or your use of it and make no warranty as to its suitability. Use of any third-party website is subject to the terms of that website.

10. Indemnity

You indemnify SNSW in respect of any liability, loss, damage, cost or expense suffered or incurred by SNSW arising from, or in connection with, your breach of these Terms.

11. Age (capacity)

If you are under 18, you must use the Service only with the involvement of a parent or guardian.

12. Jurisdiction

These Terms and your use of the Service are governed by the laws of New South Wales, Australia. A reference to any legislation includes all delegated legislation made under it, including regulations and rules and amendments, consolidations or replacements of any of them.

13. General

13.1 A reference to an entity, whether statutory or not, which ceases to exist or whose powers or functions are transferred to another body is a reference to the body which replaces it or which substantially succeeds to its powers or functions.

13.2 Specifying anything in these Terms after the words ‘include’ or ‘for example’ or a similar expression does not limit what else is included.

13.3 If any term in these Terms is prohibited, void, voidable, illegal or unenforceable for any reason whatsoever, then that part is severed from these Terms but without affecting the continued operation of the remaining Terms.

13.4 Clauses 8, 9 and 10 contain continuing obligations and will survive termination of these Terms.

14. Privacy

14.1 SNSW is collecting personal information to determine eligibility for the Scheme and to process claims submitted under the Scheme. SNSW is obliged to protect the privacy of your personal information. SNSW does this by handling personal information in a responsible manner and in accordance with the Privacy and Personal Information Protection Act 1998. Please read the Privacy Collection Notice for more information about how your personal information will be handled by SNSW.

By agreeing to the Terms , you are consenting to our handling of your personal information in accordance with the Privacy Collection Notice.

14.2 As part of any audit and investigation you may be required to provide additional information as part of the Scheme. The information you provide may be shared to the source or signatory of the additional information to verify it as true. This may include: 

  1. Where a toll statement is provided - SNSW may contact the source Toll Service Provider to confirm it as a true record, 
  2. Where a bank statement is required - SNSW may contact the source financial institution to confirm it as a true record, 
  3. Where you provide vehicle registration details - SNSW may contact TfNSW or conduct additional checks to confirm them as true, 
  4. Where you provide a statutory declaration SNSW may contact signatories on the supplied documents to confirm them as true.

15. Disclaimer

The Service is limited to issuing the Scheme. Any enquiries relating to the Scheme should be directed to SNSW.

16. Complaints handling and feedback

SNSW welcomes all forms of feedback, including complaints on its services. SNSW views effective complaint management as part of our commitment to improving service provisions and recurring problems.

You may leave your feedback or make a complaint:

Links

Last updated: 25 March 2024