199Operator not liable if effective tolling statement made

199 Operator not liable if effective tolling statement made S. 199(1) amended by No. 8/2019 s. 94(1). (1) The operator of a vehicle or trailer is not liable under section 197 to pay a toll or toll administration fee for the use of the vehicle or the trailer in a toll zone if, within the period of 14 days after the request for payment of the toll or toll administration fee, the operator gives to an authorised person— (a) an illegal user statement; or (b) a known user statement; or (c) a sold vehicle statement— and the authorised person accepts the statement as an effective statement for the purposes of this Part. (2) Information contained in a known user statement or a sold vehicle statement identifying a person is sufficient for the purposes of this Part if it contains— (a) in the case of an individual, the individual's full name and current home address and either the individual's date of birth or the number of the licence or permit authorising the individual to drive and, if that licence or permit is issued by a corresponding body, the name of that body; and (b) in the case of a person other than an individual, its full name and current address and (where applicable) its Australian Business Number or Australian Company Number; and (c) reasons for nominating the individual under paragraph (a) or the person under paragraph (b); (d) in any case, any other prescribed information. (3) A statement containing all the information required by subsection (2) may be accepted by an authorised person as an effective statement for the purposes of this Part. (4) In addition, an authorised person may decide to accept a known user statement or a sold vehicle statement as an effective statement for the purposes of this Part even if it does not contain all the information required by subsection (2) if the authorised person is satisfied that it contains sufficient information to identify and locate the nominated person. (5) An authorised person may decide to accept an illegal user statement as an effective statement for the purposes of this Part if satisfied as to the matters, and any reasons set out in support of those matters, stated in the statement. S. 199(6) amended by No. 8/2019 s. 94(2). (6) In any proceedings for the recovery of a toll or toll administration fee, an effective statement that is a known user statement or a sold vehicle statement is evidence that the person named in the statement was the driver of the vehicle or the operator of the trailer at all the relevant times relating to the matter specified in the statement, if the proceedings are— (a) against the person named in the statement; and (b) in respect of the matter named in the statement. S. 199A inserted by No. 74/2007 s. 43.