172BLevy of owners of motor vehicles with certificate of self-containment

1. The following persons must pay to the Crown, or a prescribed person on behalf of the Crown, a levy prescribed by regulations:

2. a person applying under section 87U(1) for a certificate of self-containment for a motor vehicle:
3. a person applying under section 87V(1) for a renewal of a certificate of self-containment for a motor vehicle.

4. The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations providing for the levies.

5. Levies must be prescribed on the basis that the following costs should be met fully out of the levies:

6. the costs of the Board in performing or exercising those of its functions, powers, and duties under this Act and any other enactment that relate to the regulation of self-contained motor vehicles; and
7. the costs of collecting the levy money.

8. Levies may be prescribed on the basis that any actual cost that could have been, but has not been, recovered as a levy shortfall for a year may be recovered (along with any financing charge) over any period of up to 5 years.

9. The regulations may—

10. specify the amount of levies, or method of calculating or ascertaining the amount of levies:
11. include in levies, or provide for the inclusion in levies of, any shortfall in recovering the actual costs:
12. refund, or provide for refunds of, any over-recovery of the actual costs:
13. provide for the payment and collection of levies:
14. specify the financial year or part financial year to which a levy applies, and apply that levy to that financial year or part financial year and each subsequent financial year until the levy is revoked or replaced:
15. for the first financial year to which a levy applies, include in a levy amount or method the costs of the Board in establishing its functions under section 137(k)(ii), (na), (oa), and (p)(ii):
16. require payment of a levy for a financial year or part financial year, irrespective of the fact that the regulations may be made after that financial year has commenced:
17. provide for waivers or refunds of the whole or any part of a levy for any case or class of cases.

18. The amount of any unpaid levy is recoverable in any court of competent jurisdiction as a debt due to the Board, or to any other person prescribed for the purposes of this subsection, on behalf of the Crown.

19. The Board, or any other person prescribed for the purposes of this subsection, must ensure that—

20. each levy payment is paid into a Crown Bank Account and is separately accounted for; or
21. by the 20th day of the month after the month in which the Board or other person receives a levy payment, the levy payment is paid into a Crown Bank Account.

22. Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

23. If regulations authorise a person to grant waivers or refunds referred to in subsection (5)(h),—

24. an instrument granting a waiver or refund is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to 1 or more named persons; and
25. the regulations must contain a statement to that effect.