(1) The Governor-General may, by Order in Council made on the recommendation of the Minister, establish a road tolling scheme to provide funds that may be applied by or on behalf of a public road controlling authority for the purposes of—
(a) 1 or more of the following activities, namely, the planning, design, supervision, construction, maintenance, or operation of a new road; and
(b) meeting any conditions or requirements set out in the order.
(2) An order under subsection (1) must—
(a) describe (so far as is practicable)—
(i) the new road, or part of it, in respect of which the toll revenue may be applied; and
(ii) the road or roads that may be tolled (being the new road and, if the order so provides, a road that meets the requirements of section 48(2)), or the part or parts of those roads that may be tolled; and
(b) set out any conditions that must be met to the satisfaction of the Minister, being—
(i) any conditions that must be met before the public road controlling authority or toll operator may begin tolling; and
(ii) any other conditions that apply; and
(c) set out a process by which the Minister will confirm whether he or she is satisfied that the relevant conditions to be met before tolling may begin have been met.
(3) An order made under subsection (1) may (without limitation)—
(a) set tolls, or empower the public road controlling authority or toll operator to set tolls within the maximum limit, or according to the method, set out in the order:
(b) provide for different levels of tolls to be levied in respect of different classes of person or motor vehicles, different times or days, different directions of travel, or different methods of payment, or to be levied on any other differential basis:
(c) grant exemptions from the obligation to pay tolls under the scheme (whether on a basis referred to in paragraph (b) or on any other basis specified in the order), and empower the public road controlling authority or toll operator to grant exemptions (which power is subject to any limitations set out in the order):
(d) state how the tolls are to be collected:
(e) specify any information that the toll operator or the public road controlling authority is required to provide to the Minister or any other specified person or organisation:
(f) authorise the enforcement authority to have access to law enforcement information held by a holder agency under the Privacy Act 1993, and set out terms and conditions governing that access:
(g) require the public road controlling authority to prepare a demand management plan in accordance with the order:
(h) specify civil penalties for breach of conditions referred to in subsection (2)(b)(ii), and establish a procedure for resolving disputes about the application of those penalties:
(i) require notice of the Minister's confirmation of the matters referred to in subsection (2)(c) to be published in the manner set out in the order.
(4) An order made under subsection (1) is a regulation for the purposes of the Regulations (Disallowance) Act 1989 and the Acts and Regulations Publication Act 1989.
(5) Before recommending that an order made under subsection (1) be amended or revoked, the Minister must consult the relevant public road controlling authority about his or her proposal.
(6) This section does not limit any other Act that provides for tolls to be levied or collected in respect of any road.