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TOW TRUCK ACT 1973
- As at 1 February 2024
- Act 39 of 1973
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY PROVISIONS
1. Short title
2. Commencement
3. (Repealed)
4. Definitions
4A. Further provision for definition motor vehicle
4B. Members of firm or partnership
4C. Who is an appropriate person
4D. Meaning of towing consent
PART 2 - LICENCES
5. Requirement as to licence for tow truck
6. Application for licence
7. Form and authority of licence
8. Term of licence
9. Renewal of licence
10. Imposition of conditions of licence
11. Permits to tow motor vehicles
12. Conditions of licence
PART 3 - CERTIFICATES
Division 1 - General
13. Required certificates etc.
14. Application for driver’s or assistant’s certificate
14A. Decision on application
15. Written notice of granting of certificate and of conditions or variations
16. What driver’s or assistant’s certificate authorises
17. Term of driver’s or assistant’s certificate
17A. Renewal of driver’s or assistant’s certificate
18. Driver’s certificate dependent on driver licence
19. Permit for applicant for driver’s or assistant’s certificate
Division 2 - (Repealed)
Division 3 - Restricted release of information about driver’s certificate or assistant’s certificate
19H. Restricted written release of information
19I. Restricted oral release of particular information
PART 4 - AUTHORITIES AND PERMITS
Division 1 - Preliminary
20. Definitions for pt 4
21. Consideration of public interest for pt 4
Division 2 - Cancellation, suspension, amendment and surrender of authorities
21AA. (Repealed)
21A. Cancellation or suspension of authorities
21B. Immediate suspension of authority
21C. Further action after immediate suspension
21D. Amending, suspending or cancelling authority
21E. Other amendments of authorities
21F. Surrender of authority on authority holder’s request
21G. Delivery of cancelled or suspended authority
Division 3 - Record keeping
21H. Records
PART 4A - POWERS OF AUTHORISED OFFICERS RELATING TO PRESCRIBED MOTOR VEHICLES
21I. Entry to places
21J. Powers
PART 5 - OFFENCES
22. Authority to repair
23. Consideration for obtaining certain information or work
24. False statements and representations, and coercion
25. Offences with respect to authorised officers
26. Excess of authority
27. Execution against motor vehicle
27A. Obtaining, or attempting to obtain, towing consent
27B. Storing private property motor vehicle at unlicensed place
PART 6 - REVIEW
27A. (Repealed)
28. Internal review of decisions
29. Review of decisions by QCAT
30. (Repealed)
31. (Repealed)
32. (Repealed)
33. (Repealed)
PART 7 - GENERAL PROVISIONS
34. Smartcard certificate is property of the State
35. Production of particular documents
35A. Production of document evidencing driver’s certificate or permit before commencing a tow
36. Chief executive may obtain information from police commissioner—criminal history
36A. Notice of change in police information about a person—criminal history
36AA. (Repealed)
36B. Exchange of information
36C. Confidentiality
37. Evidentiary matters
37A. Application of Act in relation to particular motor vehicles
38. Exemptions
39. Service of documents
40. Offences generally and penalty
41. (Repealed)
42. Indemnity to persons administering Act
42A. Approval of forms
43. Regulation-making power
PART 8 - TRANSITIONAL PROVISIONS
Division 1 - Transitional provision for 1973 No. 39
44. Tow-truck Act 1973 references
Division 2 - Transitional provision for Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013
45. Applications not finally decided
Division 3 - Transitional provision for Holidays and Other Legislation Amendment Act 2015
46. Digital photos and digitised signatures
Division 4 - Transitional provisions for Serious and Organised Crime Legislation Amendment Act 2016
47. Definition for division
48. Applications not finally decided
49. Show cause process not finally decided
50. Proceedings not finally decided
Division 5 - Transitional provision for Tow Truck and Other Legislation Amendment Act 2018
51. Existing licence applications
SCHEDULE 1
SCHEDULE 2
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