207Freeway Corporation may notify enforcement agency of non‑payment of toll

207 Freeway Corporation may notify enforcement agency of non‑payment of toll S. 207(1) substituted by No. 8/2019 s. 99(1). (1) If the Freeway Corporation or an authorised person believes on reasonable grounds that a person has committed an offence against section 204, the Freeway Corporation or the authorised person may do any or all of the following— (a) send a request for payment of the toll and toll administration fee payable in respect of the use of the vehicle in the toll zone to any person who appears to be liable to pay the toll and toll administration fee; (b) if the toll and toll administration fees have not been paid in accordance with the processes set out in the Agreement, notify the enforcement agency of that belief and request the enforcement agency— (i) to serve an infringement notice in accordance with this Division on the operator of the vehicle or trailer involved in the offence; or (ii) to serve an infringement notice in accordance with this Division on the person nominated by an authorised person in a tolling nomination statement; or (iii) to commence proceedings in respect of that offence in accordance with this Act. S. 207(2) amended by Nos 95/2005 s. 4(4)(b), 74/2007 s. 50(1), repealed by No. 8/2019 s. 99(1). S. 207(3) amended by No. 14/2005 s. 25. (3) If a request is made under this section in relation to a person, any right of the Freeway Corporation to bring proceedings to recover the toll and toll administration fees from that person as a debt ceases. (4) Nothing in subsection (3) affects the existence of a debt. S. 207(4A) inserted by No. 74/2007 s. 50(2). (4A) If the Freeway Corporation or an authorised person believes, on reasonable grounds, that a vehicle that is not registered under this Part has, in respect of a particular toll zone, been driven in that toll zone in contravention of this Part, the Freeway Corporation may notify the enforcement agency to send a notice of the requirement to be registered under this Part in respect of that toll zone to the operator of the vehicle concerned. S. 207(5) amended by No. 8/2019 s. 99(2). (5) Nothing in subsection (1) requires the Freeway Corporation or an authorised person to notify the enforcement agency of an offence under section 204. S. 207(6) repealed by No. 74/2007 s. 50(3), new s. 207(6) inserted by No. 17/2022 s. 99. (6) After a request is made to the enforcement agency under subsection (1)(b)(i) or (ii), the Freeway Corporation may withdraw that request if the Freeway Corporation considers it appropriate to do so having regard to the circumstances of the person in respect of whom the request was made. S. 207(7) inserted by No. 17/2022 s. 99. (7) If the Freeway Corporation withdraws a request under subsection (6), it must notify the enforcement agency of that withdrawal. S. 207(8) inserted by No. 17/2022 s. 99. (8) On receiving a notification under subsection (7), the enforcement agency must withdraw any infringement notice served in respect of the request that the Freeway Corporation has withdrawn under subsection (6). S. 207(9) inserted by No. 17/2022 s. 99. (9) If an enforcement agency withdraws an infringement notice under subsection (8)— (a) the enforcement agency— (i) must notify the person who was served the infringement notice that the infringement notice has been withdrawn; and (ii) must not take any further action with respect to the matter; and (b) the Freeway Corporation must not take any further action with respect to the matter. S. 207A inserted by No. 74/2007 s. 51.