72Liability to pay toll and toll administration fees

72 Liability to pay toll and toll administration fees

S. 72(1) amended by No. 102/1998 s. 24(b)(c), substituted by No. 110/2004 s. 9(2).

(1) Subject to this Part, a person who is the driver of a vehicle used in a toll zone is liable to pay to the relevant corporation—

(a) the toll charged by the relevant corporation for that use; and

(b) the relevant toll administration fee charged by the relevant corporation.

S. 72(2) amended by Nos 102/1998 s. 24(b), 74/2007 s. 64(1), substituted by No. 8/2019 s. 117(1).

(2) Subject to subsection (3), the operator of a vehicle or, in the case of a vehicle that is attached to a trailer and the operator of the vehicle cannot be identified by a tolling device, the operator of the trailer, is taken to be the driver of that vehicle for the purposes of subsection (1).

S. 72(3) amended by Nos 102/1998 s. 24(b)(c), 92/2001 s. 32(2), substituted by No. 74/2007 s. 64(2), amended by No. 8/2019 s. 117(2).

(3) The operator of a vehicle or trailer is not liable under subsection (2) to pay a toll and the relevant toll administration fee for the use of the vehicle or trailer in a toll zone if, within 28 days after being notified of the non-payment of the toll and 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.

S. 72(3A) inserted by No. 74/2007 s. 64(2).

(3A) 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); and

(d) in any case, any other prescribed information.

S. 72(3B) inserted by No. 74/2007 s. 64(2).

(3B) A statement containing all the information required by subsection (3A) may be accepted by an authorised person as an effective statement for the purposes of this Part.

S. 72(3C) inserted by No. 74/2007 s. 64(2).