These Terms and Conditions apply to the delivery of the Toll Relief Scheme (the Service) by Service NSW to customers. These terms describe your rights and responsibilities as a user of the Service.
If any of these terms are held to be invalid, unenforceable or illegal for any reason, the remaining terms will continue to be valid and enforceable.
The Service means the transactions Service NSW undertakes in administering the Toll Relief Scheme Service on behalf of the Roads & Maritime Services.
These terms and conditions, together with the privacy notice ("Terms") outline the conditions that apply to your use of Service NSW's Toll Relief Scheme Service ("Service"). By using the Service, you agree to comply with these Terms together with all relevant guidelines, instructions and procedures (Instructions) posted on this site. Nothing in these Terms limits or qualifies any obligations under any legislation, including legislation relating to motor vehicles, traffic, roads and road transport.
Changing these Terms
Service NSW may change these Terms or its Instructions whenever it deems necessary by republishing them online. You agree that by republishing the Terms or Instructions, Service NSW has provided you with sufficient notice of any variation. Service NSW recommends that you review the Terms and Instructions prior to using the Service. If you do not agree to variations that might occur, you should not continue to use the Service.
You shall be a qualified person to access the services. You are responsible for decisions relating to and for the use of the services. You are responsible for any misuse of the service, whether or not such use has been authorised by you. You must advise Service NSW immediately if you suspect that the security of your information may have been compromised. The information you supply to Service NSW must be complete and accurate. You acknowledge that you will not supply incomplete, inaccurate or false information. You must not conduct unauthorised actions, or otherwise misuse the services.
Giving false or misleading information is a serious offence and may result in prosecution and civil or criminal penalties.
Suspension or termination
Should you object to any of the Terms and Conditions or any amendments, your only recourse is to immediately cease accessing and using the services.
Terms of Service
1. Preconditions – registration
You acknowledge and agree that to take part in the Toll Relief Scheme Service you must have an electronic tag account and pay for your tolls using an electronic tag or tag-less account.
2. Eligibility period
Your eligibility for a free or 50% discounted annual registration or reimbursement is based on whether the eligible toll spend accrued within the eligible period meets the relevant threshold.
This eligibility period runs from the 1st of July each year, until the 30th June the following year (financial year period). Only trips made during this period are eligible to count towards a benefit for the respective financial year. Any tolls paid outside of this eligibility period do not count towards a benefit.
3. Relevant thresholds
To be eligible for a free annual registration or reimbursement (100% registration discount), you will have accrued $1,300 (GST inclusive) or more of eligible toll spend within the relevant period.
To be eligible for a 50% discount or reimbursement on your annual registration, you will have accrued between $780 to $1,299.99 of eligible toll spend within the relevant period.
Note: The above threshold amounts apply to the 2018 and 2019 financial year. The threshold amounts will increase by 4% each financial year, starting from 1 July 2019.
4. Combining eligible toll spend of multiple tags
Applicants with multiple electronic tags which are linked to the one account can combine the accrued eligible toll spend from the multiple tags.This includes where a tag has been replaced with another (for example, where a tag has been lost, stolen, damaged or deemed faulty). Where this combined accrued amount meets the relevant thresholds, the applicant will be entitled to the relevant discount benefit.
5. Toll accounts without electronic tags under the toll relief program
In calculating the eligible toll spend for a previous financial year in respect of a tolling account with no electronic tags for the account, the eligible toll spend is to be calculated by counting the tolls paid in respect of any photograph matched vehicles for the tolling account during the financial year concerned. However, any amount in tolls paid during that year by a registered participant in the M5 Cashback Scheme in connection with the use of any part of the M5 South-West Motorway to which the Scheme applies cannot be counted towards the calculation of the eligible toll spend.
6. Benefit limit
A limit of one benefit per account is available for each relevant period. During the renewal process, the applicant will nominate a vehicle linked to the account and the benefit will be applied to this nominated vehicle.
Service NSW is under no obligation to remedy any mistakes made by the applicant in nominating a vehicle to receive the benefit. Service NSW retains full discretion when deciding if and in what circumstances it will remedy a mistake made by the applicant. If Service NSW incurs further costs as a result of remedial action, it may seek reimbursement from the applicant.
7. Application of benefit
The application of the benefit will occur based on the eligible participant's accrued eligible toll spend in the relevant financial year. To illustrate, where a participant's eligible toll spend has met the relevant threshold in the 2018-19 financial year, the application of the benefit will apply to their registration renewal for the 2019-20 financial year.
An applicant must register a vehicle for a 12-month period in order for the benefit to be applied.
8. Conditions required for eligibility
You acknowledge and agree that you can only submit a claim under the Toll Relief Scheme Service where:
- i. You are a NSW resident
- ii. Your registration is for an annual term;
- iii. Your vehicle is registered for the Toll Relief Scheme Service with your Toll Service Provider;
- iv. You paid for the eligible toll that has contributed towards the entitlement to benefit from the Scheme with a NSW issued electronic or tag-less account;
- v. The toll spend was accrued on an eligible vehicle, and the entitlement is being applied to an eligible vehicle. A vehicle will be deemed eligible if:
- a. It is registered in NSW;
- b. It is used solely or principally by the applicant;
- c. It is used substantially for social or domestic purposes or for pleasure including private, charitable or religious purposes – but not for business purposes;
- d. It is registered for private use – for example, your current registration papers show that the vehicle is used for "private general", "charitable" or "pensioner". Trips made using government or business registered vehicles (including vehicles as part of a salary package), leased vehicles, rented vehicles, smash repair courtesy vehicles, car dealership loan vehicles, interstate registered vehicles or any other vehicle where business usage is shown on the registration papers are ineligible;
- e. The vehicle does not exceed 2794kgs TARE weight; and
- f. The licence plate number is linked to the respective toll account;
- vi. The accrued toll spend which deems eligibility to claim under the Scheme has resulted from an 'eligible trip', meaning:
- a. The toll was incurred on a NSW toll road;
- b. This includes any NSW toll roads which may exist in the future;
- vii. You have not been reimbursed for the eligible toll spend by an employer or throughout the course of business operations (including, for example, ride-sharing or business usage or; by a federal or state government agency or any other third party via the M5 Cashback Scheme);
- viii. You have not previously claimed a registration or reimbursement benefit within the same financial year under the Toll Relief Scheme with the same electronic tolling account; and
- ix. You understand that it is an offence to provide false and misleading information under the Crimes Act 1900.
9. Nominating a vehicle
Free or discounted registration and reimbursement can be used on a vehicle with a different registered name to the tolling account holder, provided the nominated vehicle is linked to the same tolling account.
Note that where the tolling account holder nominates a vehicle registered under a different person's name, these conditions operate and apply as though that different person were the applicant.
10. Claim lodgement
You acknowledge and understand that all claims made under the Toll Relief Scheme must be lodged with Service NSW within 12 months of the end of the respective financial year of which the eligible toll spend has accrued. Claims received outside of this period will not be accepted.
11. Providing correct information
By submitting a claim under the Toll Relief Scheme, you warrant that:
- i. You are the account holder of the respective electronic tag/s; or
- ii. You have been authorised by the account holder to claim the benefit under the Scheme.
Further, by submitting a claim under the Toll Relief Scheme, you warrant that:
- i. All information included in your claim is true, accurate and complete;
- ii. You are entitled to submit the claim;
- iii. To the extent that it includes information about other people, that you are authorised to disclose it to Service NSW.
You acknowledge and understand that:
- i. any corporate, commercial and/or business tolling accounts are excluded from this Scheme;
- ii. only toll spend that has accrued after 1 July 2017 will be eligible to count towards a claim made under this Scheme;
- iii. interstate tolling accounts are excluded from this Scheme;
- iv. tolls paid outside of an account are excluded from this Scheme;
- v. trips made on Interstate toll roads are excluded from this Scheme;
- vi. trips made with an eRider product are excluded from this Scheme;
- vii. a free or 50% discount registration or reimbursement cannot be applied to a Pension usage vehicle under the Scheme, due to Pension usage vehicles being exempt from registration fees.
13. Exemptions applicable to reimbursements only
A vehicle will not be an eligible vehicle for reimbursement purposes where in the relevant period it;
- i. Has been registered for business use; and/or
- ii. It has not been used substantially for social or domestic purposes or for pleasure including private, charitable or religious purposes.
14. Incorrect information
In circumstances where you submit inaccurate, incomplete or incorrect information in your Toll Relief online claim which Service NSW acts upon, resulting in additional expenses being incurred by Service NSW that would not usually be incurred:
- i. Service NSW reserves the right to seek reimbursement from you; and/or
- ii. Service NSW will not process your claim.
15. Payment of reimbursement
This section applies only to reimbursement transactions.
The registration reimbursement is stated in Australian dollars and does not include GST. You authorise Service NSW to pay your reimbursement by electronic fund transfer into the account nominated by you in your Toll Relief online claim. You acknowledge and agree that:
- i. Payment is made when Service NSW has instructed its bank to credit your nominated account;
- ii. Service NSW 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 account details;
- iii. Service NSW is entitled to recover from you any additional expenses it incurs when you provide incorrect details (BSB/Account Number/Account Name) and as a consequence the reimbursement is declined or reversed and additional expenses such as merchant service fees and charges are applied; and
- iv. Where any payment is incorrectly paid to your nominated account that amount must be repaid to Service NSW; and
- v. In the event that a payment is incorrectly paid to your nominated account and the amount is not repaid to Service NSW, Service NSW may offset that payment against any future reimbursement and/or benefit under the Toll Relief Scheme.
You acknowledge and agree that subject to any responsibilities implied by law and which cannot be excluded, Service NSW is not liable to you for any losses, expenses, damages, liabilities and claims whatsoever, whether direct, indirect or consequential, arising out of or in reference 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.
Service NSW's liability for breach of a condition or warranty implied by law which cannot be excluded is limited to the extent possible warranted by the supply of the Service.
17. No warranty
Service NSW makes no representation or warranty in relation to the information available on the Service, including without limitation:
- i. 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 or software; and
- ii. That Service NSW endorses any entity or internet site linked to the Service or any third party products or services referred to on the Toll Relief Scheme Service site. By linking to a third party website Service NSW is not accepting responsibility for the content of that website or your use of it and makes no warranty as to its suitability. Use of any third party website is subject to the terms of that website.
You indemnify Service NSW in respect of any liability, loss, damage, cost or expense suffered or incurred by Service NSW arising from or in connection with your breach of these Terms.
19. Age (capacity)
If you are under 18, you must use the Service only with the involvement of a parent or guardian.
These Terms and your use of the Service are governed by the laws by New South Wales, Australia. You agree to submit to the exclusive jurisdiction of New South Wales. A reference to any legislation includes all delegated legislation made under it, including regulations, rules and amendments, consolidations, replacements or re-enactments of any of them.
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. Specifying anything in the Terms after the words 'include' or 'for example' or a similar expression does not limit what else is included.
Service NSW is obliged to maintain strict privacy of your details under the Privacy and Personal Information Protection Act 1999 (NSW), and not to use the information supplied by you other than for the purpose for which it was supplied. This information however may be disclosed in accordance with the exemptions provided in the Privacy and Personal Protection Act 1998 (NSW).
In participating in the Toll Relief Scheme, you authorise Service NSW to disclose and utilise your information, in accordance with the Privacy and Personal Information Protection Act 1998, to Roads and Maritime Services and relevant banking institutions to access, verify and process your application.
The services are limited to issuing the Toll Relief Scheme. Any enquiries relating to the Toll Relief Scheme should be directed to Roads and Maritime Services. Roads and Maritime Services may have their own protocols, terms and conditions and disclaimers. We urge you to familiarise yourself with these.
Complaints handling and feedback
Service NSW welcomes all forms of feedback, including complaints on its services. We view effective complaint management as part of our commitment to improving service provisions and recurring problems.
You may leave your feedback or make a complaint:
- by phone 13 77 88
- by email email@example.com