Operator not liable if effective statement made
26 Operator not liable if effective statement made
The operator of a vehicle or a trailer is not liable to pay a toll or toll administration fee under section 24 if the operator gives an authorised person—
an illegal user statement; or
a known user statement; or
a sold vehicle statement—
and the authorised person accepts the statement as an effective statement in relation to the vehicle or the trailer for the purposes of this Part.
A statement under subsection (1) must be given to the authorised person within 28 days of a request for payment of a toll and toll administration fee being made of the operator of the vehicle or trailer.
An authorised person may accept an illegal user statement as an effective statement if the authorised person is satisfied of the matters, and any reasons set out in support of those matters, stated in the statement.
An authorised person may accept a known user statement or a sold vehicle statement as an effective statement if it contains the following information about the person nominated in the statement as the responsible person in relation to the vehicle or trailer concerned—
in the case of an individual—
the individual's full name and current home address; and
either of the following—
the individual's date of birth; or
the number of the licence or permit authorising the individual to drive and if the licence or permit was issued by a corresponding body, the name of that body;
in the case of a person other than an individual—
the person's full name and current address; and
if applicable, the person's Australian Business Number or Australian Company Number;
the reasons for nominating an individual under paragraph (a) or a person under paragraph (b);
any other prescribed information.
An authorised person may accept a known user statement or a sold vehicle statement that does not contain the information under subsection (4) as an effective statement if the authorised person is satisfied that it contains sufficient information for the nominated person to be identified and located.
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 operator of the trailer at all the relevant times relating to the matter specified in the statement, if the proceedings are—
against the person named in the statement; and
in respect of the matter named in the statement.
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