Victorian Current Acts Victorian Current ActsS. 77(1) amended by Nos 102/1998 s. 18(1)(a)–(c), 45/1999 s. 48(2)(a)(b), 4/2000 s. 5(6)(a)(b), 110/2004 s. 11(3), 74/2007 s. 68(1).
(1) If the relevant corporation or an authorised person believes, on reasonable grounds, that a vehicle that is not registered under this Part in respect of a particular toll zone has been driven in that toll zone in contravention of this Part, the relevant corporation or authorised person may do any or all of the following at any time—
S. 77(1)(a) substituted by No. 102/1998 s. 18(1)(d), amended by No. 4/2000 s. 5(6)(c), substituted by Nos 81/2000 s. 22(1), 110/2004 s. 11(3).
(a) send a request for payment of the toll and 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 fee; or
S. 77(1)(b) amended by Nos 102/1998 s. 18(1)(e), 49/2004 s. 9, substituted by No. 110/2004 s. 11(3), amended by No. 8/2019 s. 122.
(b) if the toll and toll administration fee have not been paid in accordance with the processes set out in the Agreement or the Extension Agreement, notify the enforcement agency of that belief and request the enforcement agency—
(i) to send a request for payment of the toll and 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 fee; or
S. 77(1)(b)(ii) substituted by No. 74/2007 s. 68(2).
(ii) to serve an infringement notice under section 80 on—
(A) the operator of the vehicle involved in the offence; or
(B) the person nominated by an authorised person in a tolling nomination statement; or
(iii) to commence proceedings in respect of that offence under this Part.
S. 77(1)(c) amended by No. 102/1998 s. 18(1)(f), repealed by No. 110/2004 s. 11(3).
* * * * *
S. 77(1A) inserted by No. 81/2000 s. 22(2) (as amended by No. 54/2001 s. 47(1)), amended by No. 74/2007 s. 68(3).
(1A) If the relevant corporation or an authorised person, believes, on reasonable grounds, that a vehicle that is not registered under this Part has, in respect of a particular toll zone, been driven in that toll zone in contravention of this Part, the relevant corporation may notify the enforcement agency of that belief and request the enforcement agency to send a notice of the requirement to be registered under this Part in respect of that toll zone to the operator of the vehicle concerned.
S. 77(2) amended by Nos 102/1998 s. 18(3), 45/1999 s. 48(3).
(2) Nothing in subsection (1) requires the relevant corporation or an authorised person to notify the enforcement agency of an offence under this Part.
S. 77(3) inserted by No. 17/2022 s. 102.
(3) After a request is made to the enforcement agency under subsection (1)(b)(ii), the relevant corporation may withdraw that request if the relevant corporation considers it appropriate to do so having regard to the circumstances of the person in respect of whom the request was made.
S. 77(4) inserted by No. 17/2022 s. 102.
(4) If the relevant corporation withdraws a request under subsection (3), it must notify the enforcement agency of that withdrawal.
S. 77(5) inserted by No. 17/2022 s. 102.
(5) On receiving a notification under subsection (4), the enforcement agency must withdraw any infringement notice served in respect of the request that the relevant corporation has withdrawn under subsection (3).
S. 77(6) inserted by No. 17/2022 s. 102.
(6) If an enforcement agency withdraws an infringement notice under subsection (5)—
(a) the enforcement agency—
(i) must notify the person who was served the infringement notice that the infringement notice has been withdrawn; and
(ii) must not take any further action with respect to the matter; and
(b) the relevant corporation must not take any further action with respect to the matter.