41Relevant West Gate Tunnel Corporation or authorised person may notify enforcement agency of non-payment of toll

41 Relevant West Gate Tunnel Corporation or authorised person may notify enforcement agency of non-payment of toll

(1) If the relevant West Gate Tunnel Corporation or an authorised person believes on reasonable grounds that a person has committed an offence against section 32(1), the relevant West Gate Tunnel Corporation or the authorised person may do any or all of the following—

(a) send a request for payment of the toll and the 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; or

(b) if the toll and the toll administration fee have not been paid in accordance with the processes set out in the West Gate Tunnel Agreement, notify the enforcement agency of that belief and request the enforcement agency—

(i) to serve an infringement notice in accordance with this Part on—

(A) the operator of the vehicle involved in the offence; or

(B) 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; or

(C) the person nominated by an authorised person in a tolling nomination statement; or

(ii) to commence proceedings in respect of that offence in accordance with this Act.

(2) Nothing in subsection (1) requires the relevant West Gate Tunnel Corporation or an authorised person to notify an enforcement agency of an offence against section 32(1).

(3) If the relevant West Gate Tunnel Corporation or an authorised person believes, on reasonable grounds, that a vehicle that is not registered has been driven in a toll zone in contravention of this Part, the relevant West Gate Tunnel Corporation may notify the enforcement agency to send a notice of the requirement to be registered in respect of that toll zone to the operator of the vehicle or trailer concerned.

S. 41(4) inserted by No. 17/2022 s. 109.

(4) After a request is made to the enforcement agency under subsection (1)(b)(i), the relevant West Gate Tunnel Corporation may withdraw that request if the relevant West Gate Tunnel Corporation considers it appropriate to do so having regard to the circumstances of the person in respect of whom the request was made.

S. 41(5) inserted by No. 17/2022 s. 109.

(5) If the relevant West Gate Tunnel Corporation withdraws a request under subsection (4), it must notify the enforcement agency of that withdrawal.

S. 41(6) inserted by No. 17/2022 s. 109.

(6) On receiving a notification under subsection (5), the enforcement agency must withdraw any infringement notice served in respect of the request that the relevant West Gate Tunnel Corporation has withdrawn under subsection (4).