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TOW TRUCK ACT 1973 - SCHEDULE 2
SCHEDULE 2 – Dictionary
"approved form" means a form approved under section 42A .
"articulated motor vehicle" means a motor vehicle having at its rear a portion
on wheels that is pivoted on and partly superimposed on the forward part of
the vehicle.
"assistant’s certificate" see section 16 (2) .
"authorised officer" means an authorised officer under the
Transport Operations (Road Use Management) Act 1995 or a person acting under
the authority of the chief executive.
"Commissioner" ...
"conforming premises" means premises consisting of an area at ground level
that—
(a) complies with the requirements of the Local Government Act 2009 ;
and
(b) is either— (i) enclosed by a fence or wall that— (A) is
structurally sound; and
(B) is at least 2.1m in height from the ground; and
(C) has lockable gates or doors that are closed and securely locked other than
when a motor vehicle is being moved into or out of the area; or
(ii) if the
area does not comply with subparagraph (i) —an area the chief executive
considers has another security barrier that is sufficient to prevent the entry
of unauthorised persons into the area and the unauthorised removal of
motor vehicles or property from the area.
"control order" see the Penalties and Sentences Act 1992 , section 161N .
"criminal history" , of a person, means the person’s criminal history within
the meaning of the Criminal Law (Rehabilitation of Offenders) Act 1986 , and
includes— (a) despite section 6 of that Act—a conviction of the person to
which the section applies; and
(b) despite section 5 of that Act—a charge
made against the person that has not been dealt with by a court, or withdrawn
or otherwise discontinued.
"criminal intelligence" see the Criminal Code , section 86 (3) .
"criminal organisation" ...
"damaged" means damaged in an incident.
"department" ...
"destination" — (a) for a damaged or seized motor vehicle—means the place
mentioned in section 12 (2) (j) to which the vehicle has been towed; or
(b)
for a private property motor vehicle—a holding yard.
"digital photo" , of a person, see the TPC Act, schedule 1 .
"digitised signature" , of a person, see the TPC Act, schedule 1 .
"Director-General" ...
"disqualifying offence" see the
Transport Operations (Road Use Management) Act 1995 , schedule 4 , definition
disqualifying offence , paragraph (b) .
"driver licence" has the meaning given by the
Transport Operations (Road Use Management) Act 1995 , schedule 4 .
"driver’s certificate" see section 16 (1) .
"electronic communication" see the
Electronic Transactions (Queensland) Act 2001 , schedule 2 .
"executive officer" , of a corporation, means a person who is concerned with,
or takes part in, the corporation’s management, whether or not the person is
a director, or the person’s position is given the name of executive officer.
"found property" , for a prescribed motor vehicle that has been towed,
means— (a) if the vehicle is unlocked—movable property found in the
vehicle when the vehicle arrives at its destination; or
(b)
otherwise—movable property inside the vehicle that is visible from outside
the vehicle at the time the vehicle arrives at its destination.
"holding yard" means conforming premises owned or leased solely by the holder
of a licence and used, or to be used, by the holder to store— (a) prescribed
motor vehicles towed under the licence; and
(b) found property for prescribed
motor vehicles towed under the licence.
"identified participant" ...
"incident" means a collision or impact, however caused— (a) that happens on
a road and results in damage to a motor vehicle; or
(b) that happens off a
road and results in damage to a motor vehicle, if immediately before the
collision or impact the motor vehicle was travelling on the road.
"licence" means a licence with respect to a tow truck granted under this Act
and in force at any material time.
"most recent digital photo" ...
"most recent digitised signature" ...
"motor vehicle" means a motor car, motorcycle, motor omnibus, motor truck,
motor utility truck, trolley vehicle, tractor or traction engine, a trailer
attached to or drawn by a motor vehicle, and any other vehicle propelled or
designed for propulsion wholly or partly by gas, motor spirit, oil,
electricity, steam or other mechanical power: the term includes an articulated
motor vehicle but does not include a vehicle used on a railway or tramway.
"movable property" includes a radio or sound production device.
"occupier" , of private property, means a person who may lawfully exclude
other persons from the property.
"operate" , with respect to a tow truck, means to tow or offer to tow a
motor vehicle by means of a tow truck, for hire or for any consideration or in
the course of any trade or business.
"owner" , of a motor vehicle, includes the following— (a) a joint owner or a
part owner of the vehicle;
(b) for a motor vehicle registered under the
Transport Operations (Road Use Management) Act 1995 or under a corresponding
law of another State—every person in whose name the vehicle is registered;
(c) for a motor vehicle the subject of a hiring agreement, hire-purchase
agreement or leasing agreement—the person who has the use of the vehicle as
hirer or lessee under the agreement;
(d) a person who is authorised to have
and has control, charge or management of the vehicle.
"permit" means— (a) a permit issued under section 11 ; or
(b) a permit
granted under section 19 .
"police commissioner" ...
"prescribed motor vehicle" means— (a) a damaged motor vehicle; or
(b) a
private property motor vehicle; or
(c) a seized motor vehicle; or
(d)
another motor vehicle of a type prescribed by regulation.
"prescribed review information" , for a decision, means information that a
person to whom a notice about the decision is given under section 21B (1) or
21D (6) may— (a) under section 28 —ask for the decision to be reviewed by
the chief executive; and
(b) under the
Transport Planning and Coordination Act 1994 , part 5 , division 2 —apply to
QCAT for the decision to be stayed; and
(c) under section 29 —ask for the
chief executive’s decision on the review (the
"reviewed decision" ) to be reviewed by QCAT; and
(d) under the QCAT
Act—apply for the reviewed decision to be stayed.
"prescribed smartcard Act" ...
"private property" — (a) means land, or a road over land, from which the
occupier of the land may lawfully exclude other persons; and
(b) despite
paragraph (a) , does not include land or a road controlled by— (i) the
Commonwealth; or
(ii) the State; or
(iii) a local government.
"private property motor vehicle" means a motor vehicle— (a) that is, or was,
parked on private property; and
(b) whose owner has not expressly requested
or directed the towing of the vehicle from the property.
"QCAT information notice" means a notice complying with the QCAT Act, section
157 (2) .
"registered corresponding control order" see the
Penalties and Sentences Act 1992 , section 161N .
"regulated area" means an area prescribed by regulation to be a regulated
area.
"retention period" ...
"road" has the meaning assigned to that term by the
Transport Operations (Road Use Management) Act 1995 .
"seized" , for a motor vehicle, means seized by a police officer under the
Police Powers and Responsibilities Act 2000 , section 124 because of section
125 (1) (d) or (2) of that Act, from a road that is an off-street regulated
parking area for which there is an arrangement mentioned in the
Transport Operations (Road Use Management) Act 1995 , section 104 .
"shelf life" ...
"smartcard assistant’s certificate" means an assistant’s certificate in
the form provided for under section 43 (3) (a) .
"smartcard certificate" means a smartcard driver’s certificate or a
smartcard assistant’s certificate.
"smartcard driver’s certificate" means a driver’s certificate in the form
provided for under section 43 (3) (a) .
"take" ...
"tow" with respect to a motor vehicle includes carry, lift and tow, lift and
carry and lift for the purpose of towing.
"towing authority" means an authority given, on the approved form, for the
towing of a motor vehicle.
"towing consent" see section 4D .
"tow truck" means a motor vehicle— (a) equipped with a lifting or loading
device capable of being used for the towing of a motor vehicle; or
(b) being
used at the material time for the towing of a trailer on which a damaged or
seized motor vehicle is being carried.
"TPC Act" means the Transport Planning and Coordination Act 1994 .
"unlicensed place" means a place that is not— (a) a place of business stated
on a licence; or
(b) a holding yard.
"valid" , for a towing consent, means in force.
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