Queensland Consolidated Acts

TOW TRUCK ACT 1973 - SECT 21

21 Consideration of public interest for pt 4

(1) When considering whether it is in the public interest to cancel, suspend or immediately suspend an authority holder’s authority, regard must be had to the following—

(a) the need to ensure that the reputation of the tow truck industry is not affected by the involvement in the industry of persons likely to adversely affect the industry’s reputation;

(b) the legitimate expectation members of the public, particularly vulnerable members of the public, have that they will not be subject to assaults or aggressive, coercive or otherwise inappropriate behaviour from persons involved in the tow truck industry.

Examples for subsection (1)—

1 It may be in the public interest to cancel or suspend, or if authorised under section 21B , immediately suspend a tow truck driver’s or an operator’s authority because the person is charged with possessing a weapon in contravention of the Weapons Act 1990 or a dangerous drug in contravention of the Drugs Misuse Act 1986 and the offence was committed while performing activities under the authority.

2 It may be in the public interest to cancel or suspend, or if authorised under section 21B , immediately suspend a tow truck driver’s or an operator’s authority because the person is charged with a number of offences of obstructing a police officer in the performance of the officer’s duties and the alleged offences happened while the person was not performing activities under the authority.

3 It may be in the public interest to cancel or suspend, or if authorised under section 21B , immediately suspend a tow truck driver’s authority if the driver assaults a person at a crash scene.

(2) Subsection (1) does not limit what may be considered in deciding the public interest for the purposes of this Act.