Title: Roads and Public Places (fees) 2007 No 2
Author: ACT Government
Last saved by: PCODCS
Company: DUS

Road Transport (General) MyWay Smart Card Fees Determination 2014 (No 1)
Schedules

Australian Capital Territory
Road Transport (General) MyWay Smart Card Fees Determination 2014 (No 1)
Disallowable Instrument DI2014-277
made under the
Road Transport (General) Act 1999, section 96 – Determination of fees, charges and other amounts
and the
Road Transport (General) Regulation 2000, section 13AA – Remission of fees, charges and other amounts – authority 

1	Name of instrument
This instrument is the Road Transport (General) MyWay Smart Card Fees Determination 2014 (No 1). 
2	Commencement
This instrument commences on the day after its notification day.
3	Revocation
	DI2013-1 is revoked. 
4	Determination of fees
(a)	The fees payable for the purchase and the replacement of a MyWay Smart Card are set out in Schedule 1.
(b)	The fees payable for postage of a MyWay Smart Card following an online order are set out in Schedule 1.
(c)	The fees payable for a refund or balance transfer of prepaid travel stored on a MyWay Smart Card are set out in Schedule 2.
5	Payment of fees
A fee to which this determination applies is payable to the Road Transport Authority, or its authorised agent, by a person purchasing a MyWay Smart Card; a person purchasing a replacement MyWay Smart Card; or, a person applying for a refund or balance transfer of prepaid travel stored on a MyWay Smart Card.

6	Exemption of MyWay Administrative Fees
(a)	Schedule 3 applies to the exemption of a fee charged for a refund or balance transfer, in the circumstances listed in column 2, subject to the conditions mentioned in column 3.
7	Remission of MyWay Administrative Fees Guideline
(a)	I issue the guideline in Schedule 4.
(b)	The guideline in Schedule 4 applies to the remission of a fee charged for a refund or balance transfer, in the circumstances listed in column 2, subject to the conditions mentioned in column 3.
8	Goods and services tax
The fees contained in Schedules 1 and 2 are inclusive of GST.
9	Dictionary
The dictionary in Schedule 5 provides definitions for this instrument.

Shane Rattenbury MLA
Minister for Territory and Municipal Services
23 October 2014

SCHEDULE 1 – MyWay Smart Card fees
| Fee | Concession Fee | Student Fee
MyWay Smart Card purchase | $5.00 | $2.50 | $2.50
Replacement MyWay Smart Card | $5.00 | $2.50 | $2.50
MyWay Seniors Card purchase | $0.00 | Not applicable | Not applicable
Replacement MyWay Seniors Card | $0.00 | Not applicable | Not applicable
Postage for online orders | $1.50 | Not applicable | $0.00

Fee exemptions – MyWay Smart Card fees
A person is exempt from paying a MyWay Smart Card purchase fee in the following circumstances –
(a)	the person is eligible for a MyWay Seniors Card; or
(b)	the person is over 70 years of age.
A person is exempt from paying a MyWay Smart Card replacement fee in the following circumstances –
(a)	the replacement is required because of a defect or fault in the manufacture of that MyWay Smart Card; 
(b)	the person is eligible for a replacement MyWay Seniors Cards; or
(c)	the person is over 70 years of age.

SCHEDULE 2 – MyWay Smart Card administrative fees
| Fee | |
Processing a MyWay Smart Card or MyWay Seniors Card Refund subject to Schedule 3 of this determination | $25.00 | |
Processing a MyWay Smart Card or MyWay Seniors Card Balance Transfer | $10.00 | |

SCHEDULE 3 –MyWay Smart Card administrative fee exemptions

Administrative fee exemptions
If  the conditions in schedule 3 are satisfied, a person is exempt from paying a MyWay Smart Card or MyWay Seniors Card administrative fee for a refund in the following circumstances –
(a)	where the imposition of the fee will cause the MyWay Smart Card holder financial hardship;
(b)	the person is eligible for the Student Transport Program and is seeking a refund for stored value placed on the card prior to becoming eligible for the Student Transport Program; or
(c)	the person is over 70 years of age.
If  the conditions in schedule 3 are satisfied, a person is exempt from paying a MyWay Smart Card or MyWay Seniors Card administrative fee for a balance transfer in the following circumstances –
(a)	where the imposition of the fee will cause the MyWay Smart Card holder financial hardship;
(b)	the person is eligible for the Student Transport Program and is seeking a transfer of stored value placed on the card prior to becoming eligible for the Student Transport Program;
(c)	the person is over 70 years of age; 
(d)	the person’s card has been replaced because of a defect or fault in the manufacture of that MyWay Smart Card; 
(e)	the person is replacing their registered MyWay Smart Card and requesting a balance transfer to a MyWay card registered to the same person; or
(f)	a parent or guardian is transferring stored value between MyWay Smart Cards that are registered to their children where those MyWay Smart Cards apply to a school or tertiary student.

1 | 2 | 3
Item | Circumstance | Conditions
E1 | Where the imposition of the fee will cause the MyWay Smart Card holder financial hardship. | The Road Transport Authority may request the MyWay Smart Card holder to provide evidence to support the claim of financial hardship.
E2 | The person is eligible for the Student Transport Program and is seeking a refund for stored value placed on the card prior to becoming eligible for the Student Transport Program. | The Road Transport Authority may request the MyWay Smart Card holder to provide evidence to support the claim.
E3 | The person is over 70 years of age. | The Road Transport Authority may request the MyWay Smart Card holder to provide evidence to support the claim.

E4

Where there is a defect or fault in the manufacture of a person’s MyWay Smart Card.

Where a MyWay Smart Card is faulty, the card holder will be exempt from paying an administrative fee for a balance transfer to a new card. 
The card holder must surrender the failed MyWay Smart Card before the Road Transport Authority will issue a new card.

E5 | The person is replacing their registered MyWay Smart Card and requesting a balance transfer to a MyWay card registered to the same person. | The Road Transport Authority may request that the MyWay Smart Card holder provide identification evidence to support the request.
E6 | A parent or guardian is transferring stored value between MyWay Smart Cards that are registered to their children where those MyWay Smart Cards apply to a school or tertiary student. | The Road Transport Authority may request that the MyWay Smart Card holder provide identification evidence or evidence of concession entitlement to support the request.

SCHEDULE 4 – Remission of MyWay Smart Card administrative fees

Administrative fee remissions
Provided that the conditions in schedule 4 are satisfied, a person may seek remission of an administrative fee in relation to a MyWay Smart Card or MyWay Seniors Card in the following circumstances –
(a)	where the MyWay Smart Card holder is no longer able to travel on an ACTION bus due to illness or change of circumstances, such as moving interstate;
(b)	where the MyWay stored value is held in the name of a deceased person; or
(c)	where there is a defect or fault in the manufacture of a person’s MyWay Smart Card and the person seeks a refund of the stored value on the card.

1 | 2 | 3
Item | Circumstance | Conditions
R1 | Where the MyWay Smart Card holder is no longer able to travel on an ACTION bus due to illness or change of circumstances, such as moving interstate. | The Road Transport Authority may request that the MyWay Smart Card holder provide evidence that they are no longer able to travel on an ACTION bus due to illness or change of circumstances, such as moving interstate.
R2 | Where the MyWay stored value is held in the name of a deceased person. | A refund may only be made to the executor of the deceased MyWay Smart Card holder’s estate.

R3

Where there is a defect or fault in the manufacture of a person’s MyWay Smart Card.

Where the card holder wants a refund of the stored value on the card, the Road Transport Authority will consider remission of the refund fee on application by the card holder. 
The card holder must surrender the failed MyWay Smart Card before the Road Transport Authority will issue a refund.

SCHEDULE 5 – DICTIONARY 
MyWay Smart Card means a card issued by the Territory that allows the holder to prepay travel for use on ACTION buses.
MyWay Seniors Card means a combined MyWay and Seniors card issued by the Territory. 
Stored Value means the value of prepaid travel stored on a MyWay Smart Card or MyWay Seniors Card.
Balance Transfer means the transfer of the stored value balance of a MyWay Smart Card or MyWay Seniors Card to another MyWay Smart Card. 
Replacement refers to a MyWay Smart Card or MyWay Seniors Card that replaces a MyWay Smart card or MyWay Seniors Card, which has been damaged, lost or stolen.
Concession Fee eligibility is defined in Road Transport (Public Passenger Services) Regular Route Services Maximum Fares Determination 2013 (No 3) DI2013-210, Schedule, Part C
Student Fee eligibility is defined in Road Transport (Public Passenger Services) Regular Route Services Maximum Fares Determination 2013 (No 3) DI2013-210, Schedule, Part C.

Unauthorised version prepared by ACT Parliamentary Counsel’s Office