Road User Charges Act 1977 No 124 (as at 01 October 2009), Public Act

18C District Court Judge may make assessment
  • (1) Where, after holding an inquiry under section 18A of this Act and considering any reports obtained pursuant to section 18B(7) of this Act, a District Court Judge considers, on the balance of probabilities, that all the appropriate licences that ought to have been obtained for the motor vehicles specified in the chief executive's application during the period, and while they were owned by the person, so specified were not obtained, he may make an assessment of the amount of road user charges that in his opinion ought to have been, but were not, paid to the Crown in respect of those motor vehicles while they were owned by that person during that period.

    (2) In giving reasons for an assessment under this section a District Court Judge need not indicate how the assessment is calculated or what licences he considers ought to have been obtained.

    (3) Every assessment made by a District Court Judge under this section shall be delivered by him in open Court.

    (4) A District Court Judge may, when delivering an assessment, state the date from which the amount of the assessment shall be payable to the chief executive pursuant to subsection (5) of this section, which date may be earlier than the date the assessment is so delivered.

    (5) Where a District Court Judge makes an assessment under this section, the amount of the assessment shall, from the date the Judge delivers his assessment (or such other date, if any, as the Judge specifies pursuant to subsection (4) of this section), be payable to the chief executive by the person specified in the chief executive's application under section 18A of this Act; and, until paid in full to the chief executive, the amount shall constitute a debt due to the Crown by the person and may be recovered accordingly in any Court of competent jurisdiction.

    Sections 18A to 18C and the heading above section 18A were inserted, as from 22 December 1980, by section 6 Road User Charges Amendment Act 1980 (1980 No 71).

    Subsections (1), (4) and (5) were amended, as from 1 April 1988, by section 3 Road User Charges Amendment Act 1988 (1988 No 46) by substituting the words chief executive for the word Commissioner.