Queensland Numbered Acts

TOW TRUCK ACT 2023

- As at 2 November 2023
- Act 28 of 2023

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

           Division 1 - Introduction

   1.      Short title
   2.      Commencement
   3.      Main purposes of Act
   4.      Application of Act

           Division 2 - Interpretation

   5.      Definitions
   6.      Meaning of tow truck
   7.      References to towing
   8.      Meaning of regulated towing
   9.      Meaning of private property towing
   10.     Meaning of tow truck business
   11.     Towing authorities
   12.     Private property towing consents

           Division 3 - General provisions

   13.     Matters to be considered in deciding whether persons are appropriate persons to hold or continue to hold accreditations
   14.     Matters to be considered in deciding whether it is in public interest for persons to hold or continue to hold accreditations
   15.     Restriction on considering criminal intelligence

   PART 2 - ACCREDITATIONS

           Division 1 - Preliminary

   16.     Types of accreditation

           Division 2 - Applications for accreditations

   17.     Making applications
   18.     Deciding applications
   19.     Giving accreditation documents and information notices
   20.     Conditions of accreditations
   21.     Period of accreditations
   22.     Accreditations not transferable

           Division 3 - Renewal applications

   23.     Renewal notices
   24.     Applications to renew accreditations
   25.     Deciding renewal applications
   26.     Giving new accreditation documents and information notices
   27.     Conditions of renewed accreditations
   28.     Period of renewed accreditations
   29.     When renewal applications taken to be withdrawn

           Division 4 - Amendment applications

   30.     Applications to amend accreditations
   31.     Deciding amendment applications
   32.     Giving replacement accreditation documents and information notices
   33.     When amendments take effect
   34.     When amendment applications taken to be withdrawn

           Division 5 - Surrendering accreditations

   35.     Surrender of accreditations

   PART 3 - AMENDING, SUSPENDING AND CANCELLING ACCREDITATIONS

           Division 1 - Minor amendments

   36.     Minor amendments to accreditations

           Division 2 - Amending, suspending and cancelling accreditations generally

   37.     Application of division
   38.     Grounds for amending, suspending or cancelling accreditations
   39.     Show cause notices
   40.     Representations about show cause notices
   41.     Ending show cause process without further action
   42.     Amending, suspending or cancelling accreditations
   43.     Proposed actions relating to matters the subject of court proceedings

           Division 3 - Immediate suspensions

   44.     Immediate suspension of accreditations
   45.     Period of immediate suspension

           Division 4 - Automatic suspensions and cancellations

   46.     Definitions for division
   47.     Automatic cancellation of accreditations held by individuals if individual dies or becomes insolvent
   48.     Automatic cancellation of operator accreditations held by corporations or partnerships
   49.     Automatic suspension of driver accreditations if relevant driver licence suspended
   50.     Automatic suspension of driver accreditations if relevant driver licence stops having effect

           Division 5 - Replacement accreditation documents

   51.     Giving replacement accreditation documents if accreditations amended

   PART 4 - OFFENCES AND NOTIFYING PARTICULAR MATTERS

           Division 1 - Offences relating to conducting tow truck businesses and operating tow trucks

   52.     Conducting tow truck business without operator accreditation
   53.     Operating or assisting with operation of tow trucks without driver accreditation or assistant accreditation

           Division 2 - Offences relating to holders of operator accreditations and employees

   54.     Provision of towing services
   55.     Only authorised tow trucks may be used
   56.     Storing towed motor vehicles and movable property
   57.     Preventing damage to towed motor vehicles
   58.     Unlocking particular motor vehicles
   59.     Moving motor vehicles after towing
   60.     Releasing motor vehicles stored in authorised holding yards
   61.     Notice to police commissioner about private property towing
   62.     Directing persons to do particular things
   63.     Disclosing sensitive information

           Division 3 - Offences relating to holders of driver accreditations

   64.     Requirement to obtain towing authority
   65.     Carrying out private property towing without private property towing consent
   66.     Driving to or from scene of incident or place of seizure with passengers
   67.     Driving to or from private property with passengers
   68.     Riding in towed motor vehicles
   69.     Preventing damage to towed motor vehicles

           Division 4 - Offence relating to holders of assistant accreditations

   70.     Preventing damage to towed motor vehicles

           Division 5 - Notification of particular matters

   71.     Definitions for division
   72.     Requirement to notify of new executive officers or partners—holders of operator accreditations
   73.     Requirement to notify chief executive of particular matters—applicants for accreditations
   74.     Requirement to notify chief executive of particular matters—holders of accreditations
   75.     Requirement to notify executive officers of particular matters
   76.     Requirement to notify partners in partnerships of particular matters

           Division 6 - Other offences

   77.     Holding more than 1 driver accreditation or assistant accreditation
   78.     Obtaining or attempting to obtain towing authorities
   79.     Obtaining or attempting to obtain private property towing consents
   80.     False or misleading information
   81.     Offences of dishonesty and coercion

   PART 5 - INVESTIGATION AND ENFORCEMENT
   Note—

           Division 1 - Preliminary

   82.     Definitions for part
   83.     References to exercise of powers
   84.     References to document includes reproductions from electronic document

           Division 2 - Entry of places by authorised officers

              Subdivision 1 - Power to enter

   85.     General power to enter places

              Subdivision 2 - Entry by consent

   86.     Application of subdivision
   87.     Incidental entry to ask for access
   88.     Matters authorised officer must tell occupier
   89.     Consent acknowledgement

              Subdivision 3 - Entry under warrant

   90.     Applications for warrants
   91.     Issue of warrants
   92.     Electronic applications
   93.     Additional procedure if electronic application
   94.     Defects in relation to warrants
   95.     Entry procedure

           Division 3 - General powers of authorised officers after entering places

   96.     Application of division
   97.     General powers
   98.     Power to require reasonable help
   99.     Offence to contravene help requirement

           Division 4 - Seizure by authorised officers and forfeiture

              Subdivision 1 - Power to seize

   100.    Seizing evidence at places that may be entered without consent or warrant
   101.    Seizing evidence at places that may be entered only with consent or warrant
   102.    Seizure of property subject to security

              Subdivision 2 - Powers to support seizure

   103.    Power to secure seized things
   104.    Offence to contravene seizure requirement
   105.    Offence to interfere

              Subdivision 3 - Safeguards for seized things

   106.    Receipt for seized things
   107.    Access to seized things
   108.    Return of seized things

              Subdivision 4 - Forfeiture

   109.    Forfeiture by chief executive decision
   110.    Information notice about forfeiture decision

              Subdivision 5 - Dealing with property forfeited to State

   111.    When things become property of the State
   112.    How property may be dealt with

           Division 5 - Other information-obtaining powers of authorised officers

   113.    Power to require personal details
   114.    Offence to contravene personal details requirement
   115.    Power to require production of documents or certification of copies
   116.    Offence to contravene production requirement
   117.    Offence to contravene certification requirement

           Division 6 - Damage

   118.    Duty to avoid inconvenience and minimise damage
   119.    Notice of damage

           Division 7 - Compensation

   120.    Compensation

           Division 8 - Other offences relating to authorised officers

   121.    Obstructing authorised officers
   122.    Threatening authorised officers

   PART 6 - REVIEW OF DECISIONS AND LEGAL PROCEEDINGS

           Division 1 - Review of decisions

   123.    Definitions for division
   124.    Applying for internal review
   125.    Applying for external review

           Division 2 - Evidence

   126.    Application of division
   127.    Evidentiary certificates
   128.    Other evidentiary provisions

           Division 3 - Proceedings

   129.    Proceedings for offences

   PART 7 - MISCELLANEOUS

           Division 1 - Exemption decisions

   130.    Making exemption decisions
   131.    Applications for exemption decisions
   132.    Matters to be considered in deciding exemption applications
   133.    Notices of decision
   134.    Period of exemption decisions
   135.    Compliance with alternative requirements

           Division 2 - Partnerships

   136.    How Act applies to partnerships

           Division 3 - Records about accreditations

   137.    Chief executive must keep records

           Division 4 - Criminal history

   138.    Chief executive may obtain particular information from police commissioner
   139.    Notice of change in criminal history

           Division 5 - Disclosure of information about accreditations

   140.    Oral disclosure of information about accreditations
   141.    Written disclosure of information about accreditations to police commissioner
   142.    Written disclosure of information about accreditations to other persons
   143.    Confirming validity of driver accreditations and assistant accreditations

           Division 6 - Confidentiality and information sharing

   144.    Confidentiality
   145.    Exchange of information

           Division 7 - Giving of documents

   146.    Application of division
   147.    Giving of documents
   148.    Certificate of service

           Division 8 - Other provisions

   149.    Smartcard accreditations are property of the State
   150.    Approved forms
   151.    General regulation-making power
   152.    Regulation about particular applications
   153.    Regulation about accreditation documents
   154.    Regulation about temporary holding yards

   PART 8 - REPEAL AND TRANSITIONAL PROVISIONS

           Division 1 - Repeal

   155.    Repeal

           Division 2 - Transitional provisions

              Subdivision 1 - Preliminary

   156.    Definitions for division

              Subdivision 2 - Regulated areas

   157.    Existing regulated areas

              Subdivision 3 - Provisions for authorities

   158.    Existing licences taken to be operator accreditations
   159.    Authorised holding yards for transitioned licences
   160.    Existing driver’s certificates taken to be driver accreditations
   161.    Existing assistant’s certificates taken to be assistant accreditations
   162.    Existing applications for authorities

              Subdivision 4 - Provisions for exemptions for licences

   163.    Existing exemptions for licences
   164.    Existing applications for exemptions for licences

              Subdivision 5 - Provisions for offences

   165.    Proceedings for offences against repealed Act
   166.    Releasing motor vehicles after commencement
   167.    Application of s 63
   168.    Application of repealed regulation, s 15A
   169.    Notification about partners who joined partnerships before commencement
   170.    Application of ss 73–76

              Subdivision 6 - Provisions for enforcement and reviews

   171.    Existing notices under repealed Act, s 21D
   172.    Immediate suspensions
   173.    Internal reviews and reviews by QCAT

              Subdivision 7 - Other matters

   174.    Particular conditions and other matters for driver accreditations of no effect
   175.    Existing towing consents
   176.    Existing applications for release of information
   177.    Records
   178.    Existing requests for criminal history reports
   179.    Existing information-sharing arrangements
   180.    References to repealed Act
   181.    Transitional regulation-making power

   PART 9 - AMENDMENT OF LEGISLATION

           Division 1 - Amendment of this Act

   182.    Act amended
   183.    Amendment of long title

           Division 2 - Amendment of Photo Identification Card Act 2008

   184.    Act amended
   185.    Amendment of s 47A (Keeping and using information obtained or kept under this Act or particular transport Acts)

           Division 3 - Amendment of Police Powers and Responsibilities Act 2000

   186.    Act amended
   187.    Amendment of s 77 (Police officer may authorise tow)
   188.    Amendment of s 129 (Police officer may authorise tow after seizure under any Act)
   189.    Amendment of s 197E (Accessing information stored electronically on smartcard transport authorities)
   190.    Amendment of s 777 (Police officer may authorise tow)
   191.    Amendment of sch 6 (Dictionary)

           Division 4 - Amendment of State Penalties Enforcement Act 1999

   192.    Act amended
   193.    Amendment of s 73B (Enforcement officer may authorise tow)

           Division 5 - Amendment of Transport Operations (Passenger Transport) Act 1994

   194.    Act amended
   195.    Amendment of s 29 (Granting, renewing or refusing driver authorisation)

           Division 6 - Amendment of Transport Operations (Road Use Management) Act 1995

   196.    Act amended
   197.    Amendment of s 28 (Warrants to enter)
   198.    Amendment of s 34 (Power to inspect vehicles)
   199.    Amendment of s 35 (Power to enter vehicles etc. other than for vehicle inspection)
   200.    Amendment of s 48 (Power to require name and address)
   201.    Amendment of s 49 (Power to require documents to be produced)
   202.    Amendment of s 52 (False or misleading statements)
   203.    Amendment of s 53 (False or misleading documents, generally)
   204.    Amendment of s 56 (Using documents voided for nonpayment)
   205.    Amendment of s 63 (Notice of damage)
   206.    Amendment of s 64 (Compensation)
   207.    Amendment of s 79 (Vehicle offences involving liquor or other drugs)
   208.    Amendment of s 123V (Proceedings for offences)
   209.    Amendment of s 126 (Fraud and unlawful possession of licences)
   210.    Amendment of s 131 (Reviews and appeals with respect to issue of licences etc.)
   211.    Amendment of s 150BA (Regulating form of prescribed authority other than Queensland driver licence)
   212.    Amendment of s 171 (Regulation-making power)
   213.    Amendment of sch 1 (Evidence by certificate)
   214.    Amendment of sch 4 (Dictionary)

           Division 7 - Amendment of Transport Planning and Coordination Act 1994

   215.    Act amended
   216.    Amendment of s 36F (Keeping and using information obtained or kept under particular transport Acts or Photo Identification Card Act 2008)
   217.    Amendment of s 37 (Delegation by the Minister or the chief executive)
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