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). (3C) 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 (3A) if the authorised person is satisfied that it contains sufficient information to identify and locate the nominated person. S. 72(3D) inserted by No. 74/2007 s. 64(2). (3D) 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. 72(4) inserted by No. 81/2000 s. 20, amended by No. 110/2004 s. 9(3), substituted by No. 74/2007 s. 64(2), amended by No. 8/2019 s. 117(3). (4) In any proceedings for the recovery of a toll or relevant 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 named 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. 72(5) inserted by No. 49/2004 s. 7. (5) This section does not apply in respect of the use in a toll zone of a vehicle covered by a tollway billing arrangement. S. 72AA inserted by No. 74/2007 s. 65. 72AA Cancellation of acceptance of statement (1) An authorised person may cancel the acceptance of a known user statement or sold vehicle statement as an effective statement for the purposes of this Part if— (a) the person nominated in the statement as being the responsible person gives to an authorised person within the prescribed period a nomination rejection statement; and (b) the authorised person is satisfied, having regard to the matters stated in the nomination rejection statement, that the nomination was incorrect. (2) If the acceptance of a statement as an effective statement is cancelled under subsection (1), on that cancellation— (a) the statement ceases to be an effective statement for the purposes of this Part and cannot be used by an authorised person to make a tolling nomination statement; and (b) the operator who would, but for the statement, have continued to be the responsible person in relation to the vehicle becomes again the responsible person. S. 72AB inserted by No. 74/2007 s. 65. 72AB Offence to provide false or misleading information A person must not in a statement given to the authorised person under section 72(3) or 72AA(1) provide information that the person knows to be false or misleading. 1. 60 penalty units. S. 72A inserted by No. 110/2004 s. 10.