sec.101Notice to person identified as driver

### sec.101 Notice to person identified as driver The toll road operator may give a notice in the approved form to a person under this section if the toll road operator— has not received the deferred toll amount; and considers, on reasonable grounds, it has correctly identified the person as the driver. The notice must specify each of the 1 or more deferred toll amounts for which it is given. The notice must require the person to do either of the following, within the prescribed time, for each deferred toll amount listed in the notice— pay the deferred toll amount to the toll road operator; give the toll road operator, in the way mentioned in subsection (3A) , information that— establishes, to the extent it is reasonably practicable for the person to do so, that the person was not the driver when liability for the toll included in the deferred toll amount was incurred; and gives the toll road operator all the help the person can reasonably give for establishing the name and address of the person who was the driver when liability for the toll included in the deferred toll amount was incurred. For subsection (3) (b) , the person must give the information by statutory declaration or by using the online nomination facility. The notice may also require the person to pay an administration charge stated in the notice if there are any deferred toll amounts listed in the notice for which the person does not give the information mentioned in subsection (3) (b) . The notice must not require the person to pay more than 1 administration charge, even if the notice is given for 2 or more deferred toll amounts. If the notice is given in contravention of subsection (5) , it is of no effect. The person must comply with the notice unless the person has a reasonable excuse. Maximum penalty—15 penalty units. Payment of an administration charge required by the notice also satisfies the liability for the administration charge that arose under section 98 (1) (b) in relation to each toll included in a deferred toll amount listed in the notice. s 101 ins 2001 No. 36 s 5 sub 2018 No. 3 s 33 amd 2024 No. 2 s 21 (sec.101-ssec.1) The toll road operator may give a notice in the approved form to a person under this section if the toll road operator— has not received the deferred toll amount; and considers, on reasonable grounds, it has correctly identified the person as the driver. (sec.101-ssec.2) The notice must specify each of the 1 or more deferred toll amounts for which it is given. (sec.101-ssec.3) The notice must require the person to do either of the following, within the prescribed time, for each deferred toll amount listed in the notice— pay the deferred toll amount to the toll road operator; give the toll road operator, in the way mentioned in subsection (3A) , information that— establishes, to the extent it is reasonably practicable for the person to do so, that the person was not the driver when liability for the toll included in the deferred toll amount was incurred; and gives the toll road operator all the help the person can reasonably give for establishing the name and address of the person who was the driver when liability for the toll included in the deferred toll amount was incurred. (sec.101-ssec.3A) For subsection (3) (b) , the person must give the information by statutory declaration or by using the online nomination facility. (sec.101-ssec.4) The notice may also require the person to pay an administration charge stated in the notice if there are any deferred toll amounts listed in the notice for which the person does not give the information mentioned in subsection (3) (b) . (sec.101-ssec.5) The notice must not require the person to pay more than 1 administration charge, even if the notice is given for 2 or more deferred toll amounts. (sec.101-ssec.6) If the notice is given in contravention of subsection (5) , it is of no effect. (sec.101-ssec.7) The person must comply with the notice unless the person has a reasonable excuse. Maximum penalty—15 penalty units. (sec.101-ssec.8) Payment of an administration charge required by the notice also satisfies the liability for the administration charge that arose under section 98 (1) (b) in relation to each toll included in a deferred toll amount listed in the notice. - (a) has not received the deferred toll amount; and - (b) considers, on reasonable grounds, it has correctly identified the person as the driver. - (a) pay the deferred toll amount to the toll road operator; - (b) give the toll road operator, in the way mentioned in subsection (3A) , information that— (i) establishes, to the extent it is reasonably practicable for the person to do so, that the person was not the driver when liability for the toll included in the deferred toll amount was incurred; and (ii) gives the toll road operator all the help the person can reasonably give for establishing the name and address of the person who was the driver when liability for the toll included in the deferred toll amount was incurred. - (i) establishes, to the extent it is reasonably practicable for the person to do so, that the person was not the driver when liability for the toll included in the deferred toll amount was incurred; and - (ii) gives the toll road operator all the help the person can reasonably give for establishing the name and address of the person who was the driver when liability for the toll included in the deferred toll amount was incurred. - (i) establishes, to the extent it is reasonably practicable for the person to do so, that the person was not the driver when liability for the toll included in the deferred toll amount was incurred; and - (ii) gives the toll road operator all the help the person can reasonably give for establishing the name and address of the person who was the driver when liability for the toll included in the deferred toll amount was incurred.