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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Towing Services Bill 2024
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Objects of Act 2
4. Terms used 2
5. Towing of vehicles 8
6. Vehicle crashes and crash towing 8
7. Breakdown towing 9
8. Regulated towing and regulated towing businesses 10
9. Determination of whether persons are fit and
proper 10
10. Determination of whether grant or continuation of
towing industry authorisation contrary to public
interest 11
11. Act binds Crown 11
Part 2 -- Towing businesses
Division 1 -- Preliminary
12. Close associates 12
Division 2 -- Offences and related matters
13. Towing service provider must be authorised 13
14. Towing service provider must comply with
authorisation conditions 14
15. Release from storage 14
16. Moving vehicle from storage yard 15
Division 3 -- Authorisation
17. Application for towing business authorisation 16
18. Responsible officers 17
176--1 page i
Towing Services Bill 2024
Contents
19. Grant of authorisation 18
20. Authorisation document 20
21. Variation of authorisation in certain circumstances 20
22. Conditions of authorisation 20
23. Application for variation of conditions 21
24. Variation of conditions 21
25. Notice of decision to refuse, impose conditions or
vary 21
26. Duration of authorisation 22
27. Towing business authorisation not transferable 23
28. Publication of list of providers of authorised
towing services 23
Division 4 -- Suspension, cancellation and
disqualification
29. Suspension or cancellation order 23
30. Suspension or cancellation order for
disqualification offence 24
31. Disqualification from holding or obtaining towing
business authorisation 25
32. Cumulative effect of disqualification 27
33. Order may be made even if authorisation
suspended 28
34. Show cause process 29
35. Immediate suspension or cancellation 29
36. Notice of suspension order 29
37. Period of suspension 30
38. Revocation of suspension order 31
39. Notice of cancellation order 31
Part 3 -- Towing workers
Division 1 -- Offences and related matters
40. Towing vehicle without authorisation and powers
to authorise 33
41. Engaging in towing work without authorisation 34
42. Causing or permitting individual to engage in
towing work without authorisation 35
43. Requirement to comply with conditions of towing
worker authorisation 37
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Towing Services Bill 2024
Contents
44. Causing or permitting engagement in towing work
contrary to conditions of towing worker
authorisation 37
45. Forgery and improper use of identifying details 37
Division 2 -- Authorisation
46. Application for towing worker authorisation 39
47. Grant of authorisation 39
48. Towing worker authorisation document 40
49. Conditions of towing worker authorisation 41
50. Application for variation of conditions 41
51. Variation of conditions 42
52. Notice of decision to refuse or vary 42
53. Duration of authorisation 43
54. Towing worker authorisation not transferable 44
Division 3 -- Suspension, cancellation and
disqualification
Subdivision 1 -- Suspension or cancellation by order
55. Suspension or cancellation order 44
56. Suspension order for disqualification offence 45
57. Order may be made even if authorisation
suspended 45
58. Show cause process 45
59. Immediate suspension or cancellation 45
60. Notice of suspension order 46
61. Period of suspension 46
62. Revocation of suspension order 47
63. Notice of cancellation order 48
Subdivision 2 -- Cancellation and disqualification:
conviction of disqualification offence
64. Cancellation and disqualification if convicted of
disqualification offence 48
65. Cumulative effect of disqualification 50
66. Notice of cancellation 51
Subdivision 3 -- Suspension or cancellation relating
to authorisation to drive
67. Suspension or cancellation relating to authorisation
to drive 51
page iii
Towing Services Bill 2024
Contents
Part 4 -- Fees and charges in relation
to towing
68. Spotter fees prohibited 53
69. Regulations may prohibit or restrict towing and
storage charges 54
Part 5 -- Confidentiality and
exchange of information
Division 1 -- Preliminary
70. Terms used 56
Division 2 -- Confidentiality and disclosure of
information
71. Confidentiality 59
72. CEO may provide information about improvement
notices 60
73. Disclosure of authorisation status of towing worker 60
74. Use of and access to information disclosed or
obtained under this Part 61
75. Use of photographs 61
Division 3 -- Exchange of information
76. Persons in relation to whom information may be
exchanged 61
77. Exchange of information between CEO and
Commissioner of Police 62
78. Exchange of information between CEO and road
traffic CEO 62
79. Exchange of information between CEO and
relevant authority 63
80. Disclosure of information to body or person with
whom agreement is made 63
81. Disclosure of information to law enforcement
official 64
82. Exchange of information between CEO and
interstate towing authority 64
83. Disclosures under this Part free of charge 65
page iv
Towing Services Bill 2024
Contents
Part 6 -- Enforcement
Division 1 -- Preliminary
84. Terms used 66
Division 2 -- Authorised officers
Subdivision 1 -- Designation
85. Authorised officers 66
Subdivision 2 -- General powers
86. Purposes for which powers of authorised officers
may be exercised 67
87. Powers in relation to vehicles 67
88. Directions to persons and related matters 69
89. Entry of premises 70
90. Requirement to comply with directions 72
91. Assistance to exercise powers 72
92. Duty to identify driver or person in charge of
vehicle 73
93. Duty to take reasonable measures to be able to
comply with identity request 75
94. Offences 75
Division 3 -- Entry warrants
95. Terms used 76
96. Applications for entry warrant 76
97. Applications to be in person unless urgent 76
98. Applications to be in writing unless made remotely 77
99. Applications to be on oath unless made remotely 77
100. Form of entry warrants made remotely 78
101. Evidence obtained inadmissible if failure to
comply with section 99(2)(b) or 100(1)(b) 78
102. Issue and content of entry warrants 78
103. Effect of entry warrants 79
Division 4 -- Obtaining business records
104. Terms used 80
105. Application of this Division 80
106. Application for orders to produce 80
107. Issue of orders to produce 81
108. Service of orders to produce 82
109. Effect of orders to produce 82
110. Powers in relation to order to produce 82
page v
Towing Services Bill 2024
Contents
Division 5 -- Seizing things and related matters
Subdivision 1 -- Seizing of things
111. Application 83
112. Grounds for seizing things 83
113. Records relevant to offence 84
114. Seizing of devices and equipment 84
115. Powers to facilitate seizing of records 85
116. List of seized things to be supplied on request 85
Subdivision 2 -- Procedure on seizure of privileged
material
117. Terms used 86
118. Seizure or production of privileged material 86
119. Records must be secured 86
120. Applications to court 87
121. Decisions of court 87
122. Forensic examinations on records 87
123. Ancillary orders 88
124. Proceedings part of criminal jurisdiction 88
125. Appeals 88
Subdivision 3 -- Return or disposal of seized things
126. Return or disposal of seized things 88
Division 6 -- Improvement notices
127. Issue of improvement notices 89
128. Contents of improvement notices 90
129. Compliance with improvement notice 91
130. Extension of time for compliance, amendment and
revocation 91
131. Affixing sticker to tow truck 92
Division 7 -- Offences
132. Liability of officers for offence by body corporate 93
133. When prosecution can be commenced 93
Division 8 -- Evidentiary provisions
134. Evidentiary certificates: records and authorisation 94
135. Evidentiary certificates: specific matters 94
136. Proof of certain matters not required in legal
proceedings 95
137. Proof of appointments and signatures unnecessary 95
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Towing Services Bill 2024
Contents
Division 9 -- Infringement notices and Criminal
Procedure Act 2004
138. Infringement notices and Criminal Procedure
Act 2004 96
Part 7 -- Review of decisions
139. Term used: reviewable decision 98
140. Reconsideration of reviewable decisions 99
141. Application to State Administrative Tribunal for
review 100
Part 8 -- Regulations
Division 1 -- General
142. Regulations 101
143. Regulations may refer to published documents 102
Division 2 -- Safety standards
144. Safety standards for towing service providers 103
145. Safety standards for towing workers 104
146. Safety standard offences 104
147. Reasonable steps defence 105
Division 3 -- Safety management systems
148. Safety management systems for towing service
providers 106
Division 4 -- Towing industry authorisations
149. Towing industry authorisations 106
150. Disqualification offences 110
151. Prescribed disqualification periods and
reinstatement 111
Division 5 -- Towing businesses, towing
workers and authorisations to tow
vehicles
152. Towing businesses 112
153. Towing workers 113
154. Authorisations to tow vehicles 114
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Towing Services Bill 2024
Contents
Part 9 -- Miscellaneous
155. Giving documents 115
156. Delegation by CEO or Commissioner of Main
Roads 116
157. CEO may enter into agreements for performance
of functions 116
158. Protection from personal liability 117
159. Protection of people testing or examining or giving
certain information 118
160. False or misleading information 118
161. Exemption from requirements of this Act 119
162. Review of Act 120
Part 10 -- Transitional provisions
163. Convictions of disqualification offences before
commencement day 121
164. Transitional regulations 122
Part 11 -- Other Acts amended
Division 1 -- Criminal Organisations Control
Act 2012 amended
165. Act amended 124
166. Section 80 amended 124
Division 2 -- Road Traffic Act 1974 amended
167. Act amended 124
168. Section 91 amended 124
169. Section 96 amended 125
Division 3 -- Road Traffic (Administration)
Act 2008 amended
170. Act amended 125
171. Section 12 amended 125
172. Section 110 amended 126
Division 4 -- Road Traffic (Authorisation to
Drive) Act 2008 amended
173. Act amended 126
174. Section 11GA inserted 126
11GA. Disclosure to CEO (towing services) 126
175. Section 11H amended 127
page viii
Towing Services Bill 2024
Contents
Division 5 -- State Administrative Tribunal
Act 2004 amended
176. Act amended 127
177. Schedule 1 amended 127
Defined terms
page ix
Western Australia
LEGISLATIVE ASSEMBLY
Towing Services Bill 2024
A Bill for
An Act to --
• provide for the regulation of the towing industry; and
• make consequential amendments to various other Acts,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Towing Services Bill 2024
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Towing Services Act 2024.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) Part 1 -- on the day on which this Act receives the
7 Royal Assent (assent day);
8 (b) Part 4 (but only section 68) -- on the day after assent
9 day;
10 (c) the rest of the Act -- on a day fixed by proclamation,
11 and different days may be fixed for different provisions.
12 3. Objects of Act
13 The objects of this Act are --
14 (a) to promote the safe, fair and efficient provision of
15 services for regulated towing at a reasonable cost to
16 consumers; and
17 (b) to improve and maintain the reputation of the towing
18 industry.
19 4. Terms used
20 In this Act --
21 approved form means a form approved by the CEO and
22 published on the Department's website;
23 approved medical report means a report complying with the
24 requirements of the regulations for a medical report;
25 Australian driver licence means --
26 (a) a driver's licence; or
27 (b) a licence or other authorisation granted to a person
28 under a law of another State or a Territory authorising
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Towing Services Bill 2024
Preliminary Part 1
s. 4
1 the person to drive a motor vehicle on a road other than
2 solely for the purpose of learning to drive a motor
3 vehicle;
4 authorised officer has the meaning given in section 85(1);
5 authorised towing service provider means the holder of a
6 towing business authorisation;
7 authorised towing worker means the holder of a towing worker
8 authorisation;
9 authority to tow has the meaning given in section 40(1);
10 breakdown towing has the meaning given in section 7;
11 CEO means the chief executive officer of the Department;
12 close associate, in relation to an applicant for a towing business
13 authorisation or an authorised towing service provider, has the
14 meaning given in section 12;
15 Commissioner of Main Roads means the Commissioner of
16 Main Roads appointed under the Main Roads Act 1930;
17 Commissioner of Police means the person holding or acting in
18 the office of Commissioner of Police under the Police Act 1892;
19 conviction includes a finding of guilt, or the acceptance of a
20 guilty plea, whether or not a conviction is recorded;
21 crash towing has the meaning given in section 6(2) and (3);
22 criminal record check means a document issued by the Police
23 Force of Western Australia, the Australian Federal Police or
24 another body or agency approved by the CEO that sets out, or
25 summarises in a manner acceptable to the CEO, the convictions
26 of a person for offences under a law of this State, the
27 Commonwealth, another State or a Territory;
28 Department means the department of the Public Service
29 principally assisting the Minister in the administration of this
30 Act;
31 disqualification offence has the meaning given in
32 section 150(4);
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Towing Services Bill 2024
Part 1 Preliminary
s. 4
1 driver's licence has the meaning given in the Road Traffic
2 (Authorisation to Drive) Act 2008 section 3(1);
3 engage in towing work means to do any of the following --
4 (a) operate a tow truck;
5 (b) load a vehicle onto a tow truck;
6 (c) tow a vehicle using a tow truck;
7 (d) assist or accompany any person in the execution of an
8 act described in paragraph (a), (b) or (c);
9 infringement notice means a notice issued to a person under a
10 written law --
11 (a) alleging the commission of an offence; and
12 (b) offering the person an opportunity, by paying an amount
13 of money prescribed under the written law and specified
14 in the notice, to have that matter dealt with out of court;
15 interstate towing worker authorisation means an authorisation
16 issued under a law of another State or a Territory that --
17 (a) authorises a person to operate, or assist in the operation
18 of, a tow truck; and
19 (b) meets any criteria prescribed by the regulations;
20 medical practitioner means a person registered under the
21 Health Practitioner Regulation National Law (Western
22 Australia) in the medical profession;
23 motor vehicle has the meaning given in the Road Traffic
24 (Administration) Act 2008 section 4;
25 officer --
26 (a) in relation to a towing service provider that is a body
27 corporate, has the same meaning as it has in relation to a
28 corporation under the Corporations Act 2001
29 (Commonwealth) section 9AD; or
30 (b) in relation to any other towing service provider, means
31 an individual who has the capacity to make decisions in
32 relation to the operations of the towing service provider;
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Towing Services Bill 2024
Preliminary Part 1
s. 4
1 operate, in relation to a tow truck, includes to drive the tow
2 truck and to operate any carrying, lifting or towing mechanism
3 of the tow truck;
4 prescribed disqualification period, in relation to a
5 disqualification offence, has the meaning given in
6 section 151(3);
7 public entity means --
8 (a) an agency or a non-SES organisation, as those terms are
9 defined in the Public Sector Management Act 1994
10 section 3(1); or
11 (b) a body (whether incorporated or not), or the holder of an
12 office, that is established or continued for a public
13 purpose under a written law; or
14 (c) a local government, regional local government or
15 regional subsidiary; or
16 (d) a person or body prescribed, or a person or body of a
17 class prescribed, by the regulations;
18 public place means a place to which the public is permitted,
19 whether on payment of a fee or otherwise, to have access;
20 regulated towing has the meaning given in section 8(1);
21 regulated towing business has the meaning given in
22 section 8(2);
23 relevant person, for a vehicle, means --
24 (a) a person who is entitled to the immediate possession of
25 the vehicle; or
26 (b) the driver of the vehicle;
27 responsible officer, in relation to an authorised towing service
28 provider, means --
29 (a) an individual nominated by the towing service provider
30 in the application for the towing business authorisation
31 under section 17(4)(c) and whose nomination has not
32 ceased under the regulations; or
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Towing Services Bill 2024
Part 1 Preliminary
s. 4
1 (b) an individual who has been nominated to represent the
2 authorised towing service provider in conducting the
3 regulated towing business, and whose nomination has
4 been accepted and has not ceased, under the regulations;
5 road has the meaning given in the Road Traffic (Administration)
6 Act 2008 section 4;
7 safety standards means standards prescribed by regulations
8 under Part 8 Division 2;
9 scene, in relation to a vehicle crash, means a place referred to in
10 section 6(2)(a), (b), (c) or (d);
11 storage charge means any charge imposed on a relevant person
12 for a vehicle for or in relation to any of the following --
13 (a) the storage, release or viewing of the vehicle after it has
14 been towed;
15 (b) access to the vehicle after it has been towed;
16 (c) access to personal property that is or was in the vehicle
17 after it has been towed;
18 storage yard --
19 (a) means premises used, or intended to be used, to store
20 vehicles that have been towed; but
21 (b) does not include premises of a class prescribed by the
22 regulations;
23 Territory means an internal Territory as defined in the Acts
24 Interpretation Act 1901 (Commonwealth) section 2B;
25 tow, in relation to a vehicle, has the meaning given in section 5;
26 towing business means a business of providing a service of
27 towing vehicles within the State;
28 towing business authorisation means an authorisation under
29 Part 2 to conduct a regulated towing business;
30 towing charge --
31 (a) means any charge imposed on a relevant person for a
32 vehicle for or in relation to towing the vehicle,
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Towing Services Bill 2024
Preliminary Part 1
s. 4
1 including, without limitation, a charge for any of the
2 following --
3 (i) loading the vehicle onto a tow truck;
4 (ii) towing the vehicle;
5 (iii) unloading the vehicle from a tow truck;
6 but
7 (b) does not include a storage charge;
8 towing industry authorisation means --
9 (a) a towing business authorisation; or
10 (b) a towing worker authorisation;
11 towing service provider means a person who conducts a towing
12 business;
13 towing worker means an individual who engages in towing
14 work;
15 towing worker authorisation means an authorisation under
16 Part 3 to engage in towing work for the purposes of a regulated
17 towing business;
18 towing worker authorisation document means a document
19 issued under section 48;
20 tow truck --
21 (a) means a motor vehicle used, or intended to be used, to
22 tow a vehicle; but
23 (b) does not include a vehicle of a class prescribed by the
24 regulations;
25 traffic record check means a document issued by the Police
26 Force of Western Australia or another body or agency approved
27 by the CEO that sets out, or summarises in a manner acceptable
28 to the CEO, either or both of the following --
29 (a) the convictions of an individual for driving-related
30 offences under a law of this State, another State or a
31 Territory;
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Towing Services Bill 2024
Part 1 Preliminary
s. 5
1 (b) each of the following --
2 (i) the infringement notices issued to an individual
3 for alleged driving-related offences under a law
4 of this State;
5 (iv) the notices of an equivalent kind to those
6 described in subparagraph (i) issued to an
7 individual for alleged driving-related offences
8 under a law of another State or a Territory;
9 vehicle --
10 (a) has the meaning given in the Road Traffic
11 (Administration) Act 2008 section 4; but
12 (b) does not include any thing of a class prescribed by the
13 regulations;
14 vehicle crash has the meaning given in section 6(1).
15 5. Towing of vehicles
16 In this Act --
17 tow, in relation to a vehicle --
18 (a) includes to do any of the following --
19 (i) carry the vehicle;
20 (ii) lift and tow the vehicle;
21 (iii) lift and carry the vehicle;
22 (iv) lift the vehicle for the purpose of towing it;
23 but
24 (b) does not include to do an act of a class prescribed by the
25 regulations.
26 6. Vehicle crashes and crash towing
27 (1) A vehicle crash is a collision or impact that --
28 (a) results in damage to a vehicle; and
page 8
Towing Services Bill 2024
Preliminary Part 1
s. 7
1 (b) occurs --
2 (i) on a road or in a public place; or
3 (ii) in a place other than on a road or in a public
4 place if, immediately before the collision or
5 impact, a vehicle involved in the collision or
6 impact was on a road or in a public place.
7 (2) Crash towing is the towing of a vehicle that has been involved
8 in a vehicle crash from --
9 (a) the place where the collision or impact occurred; or
10 (b) a place within a 2 km radius of the place where the
11 collision or impact occurred; or
12 (c) a place to which the vehicle has been moved --
13 (i) by or with the authority of a public entity or a
14 person employed in, or engaged for the purposes
15 of, a public entity; and
16 (ii) for the purpose of preventing or minimising any
17 harm, risk, hazard or obstruction caused by the
18 vehicle;
19 or
20 (d) a place within a 2 km radius of a place referred to in
21 paragraph (c).
22 (3) Despite subsection (2), crash towing does not include towing of
23 a class prescribed by the regulations.
24 7. Breakdown towing
25 Breakdown towing --
26 (a) is the towing of a vehicle that is broken down, bogged or
27 stranded on a road or in a public place; but
28 (b) does not include towing of a class prescribed by the
29 regulations.
page 9
Towing Services Bill 2024
Part 1 Preliminary
s. 8
1 8. Regulated towing and regulated towing businesses
2 (1) Regulated towing --
3 (a) means crash towing; and
4 (b) if the regulations so provide, includes breakdown
5 towing; but
6 (c) does not include any towing to which the Road Traffic
7 Act 1974 Part 6A Division 3 applies under section 96 of
8 that Act.
9 (2) A towing business is a regulated towing business to the extent
10 that it provides a service of regulated towing.
11 (3) Subsection (2) applies to a service of regulated towing even if
12 the service is provided to or on behalf of a public entity in
13 relation to the performance of that entity's functions under a
14 written law.
15 9. Determination of whether persons are fit and proper
16 (1) This section applies to a determination for the purposes of this
17 Act of whether a person is a fit and proper person to do any of
18 the following --
19 (a) conduct a regulated towing business;
20 (b) represent a towing service provider in the conduct of a
21 regulated towing business;
22 (c) engage in towing work for the purposes of a regulated
23 towing business.
24 (2) Without limitation, a person is not a fit and proper person unless
25 the person is of good repute, having regard to the person's
26 character, honesty and integrity.
27 (3) In the case of a determination of whether an applicant for a
28 towing business authorisation, or an authorised towing service
29 provider, is a fit and proper person to conduct a regulated
30 towing business, the person is also not a fit and proper person if
page 10
Towing Services Bill 2024
Preliminary Part 1
s. 10
1 any close associate of the person is not of good repute, having
2 regard to the close associate's character, honesty and integrity.
3 (4) In determining whether a person is a fit and proper person the
4 CEO may have regard to --
5 (a) any matters the CEO considers relevant; and
6 (b) any matters prescribed by the regulations.
7 (5) Without limiting subsection (4), in determining whether an
8 applicant for a towing worker authorisation, or an authorised
9 towing worker, is a fit and proper person to engage in towing
10 work for the purposes of a regulated towing business, the
11 matters to which the CEO may have regard include --
12 (a) the physical and mental fitness of the person; and
13 (b) any approved medical report on the person required by
14 the regulations; and
15 (c) any other relevant matters.
16 10. Determination of whether grant or continuation of towing
17 industry authorisation contrary to public interest
18 A determination for the purposes of this Act of whether the
19 grant, or continuation in force, of a towing industry
20 authorisation is contrary to the public interest must be made
21 having regard to the need for the creation and maintenance of
22 public confidence and trust in the credibility and integrity of the
23 towing industry.
24 11. Act binds Crown
25 This Act binds the Crown in right of Western Australia and, so
26 far as the legislative power of the Parliament permits, the Crown
27 in all its other capacities.
page 11
Towing Services Bill 2024
Part 2 Towing businesses
Division 1 Preliminary
s. 12
1 Part 2 -- Towing businesses
2 Division 1 -- Preliminary
3 12. Close associates
4 (1) In this section --
5 financial institution means an authorised deposit-taking
6 institution as defined in the Banking Act 1959 (Commonwealth)
7 section 5(1);
8 relevant financial interest, in relation to a towing business,
9 means --
10 (a) any share in the capital of the towing business; or
11 (b) any entitlement to receive any income derived from the
12 towing business, or to receive any other financial benefit
13 or financial advantage from the towing business,
14 whether the entitlement arises at law or in equity or
15 otherwise; or
16 (c) any entitlement to receive any rent, profit or other
17 income in connection with the use or occupation of
18 premises on or from which the towing business is or is
19 to be conducted (for example, an entitlement of the
20 owner of the premises from which the towing business
21 is conducted to receive rent as lessor of the premises);
22 relevant position means --
23 (a) the position of director, manager or corporate secretary;
24 or
25 (b) any other position, however designated, if it is an
26 executive position;
27 relevant power means any power, whether exercisable by voting
28 or otherwise and whether exercisable alone or in association
29 with others --
30 (a) to participate in any directorial, managerial or executive
31 decision; or
page 12
Towing Services Bill 2024
Towing businesses Part 2
Offences and related matters Division 2
s. 13
1 (b) to elect or appoint any person to a relevant position.
2 (2) A person is a close associate of an applicant for a towing
3 business authorisation, or an authorised towing service provider,
4 if the person --
5 (a) holds or will hold any relevant financial interest, or is or
6 will be entitled to exercise any relevant power (whether
7 in the person's own right or on behalf of any other
8 person), in relation to the towing business, and by virtue
9 of that interest or power is or will be able (in the opinion
10 of the CEO) to exercise a significant influence over or in
11 relation to the management or operation of the towing
12 business; or
13 (b) holds or will hold any relevant position, whether in the
14 person's own right or on behalf of any other person, in
15 the towing business; or
16 (c) is or will be engaged as a contractor under a contract for
17 services or employed in the towing business.
18 (3) A financial institution is not a close associate of an applicant for
19 a towing business authorisation, or an authorised towing service
20 provider, by reason only of having a relevant financial interest
21 in relation to the towing business.
22 (4) This section applies to relevant financial interests and relevant
23 powers even if those interests and powers are not payable,
24 exercisable or otherwise enforceable as a matter of law or equity
25 but are payable, exercisable or otherwise enforceable as a matter
26 of fact.
27 Division 2 -- Offences and related matters
28 13. Towing service provider must be authorised
29 A person commits an offence if the person --
30 (a) conducts a regulated towing business; and
page 13
Towing Services Bill 2024
Part 2 Towing businesses
Division 2 Offences and related matters
s. 14
1 (b) does not hold a towing business authorisation that is in
2 force.
3 Penalty:
4 (a) for an individual, a fine of $40 000;
5 (b) for a body corporate, a fine of $200 000.
6 14. Towing service provider must comply with authorisation
7 conditions
8 An authorised towing service provider must comply with the
9 conditions of the towing service provider's towing business
10 authorisation.
11 Penalty:
12 (a) for an individual, a fine of $40 000;
13 (b) for a body corporate, a fine of $200 000.
14 15. Release from storage
15 (1) In this section --
16 applicable charges, for a vehicle, means all towing charges or
17 storage charges imposed on the relevant person for the vehicle
18 in accordance with this Act;
19 business day means a day that is not a Saturday, Sunday or
20 public holiday throughout the State.
21 (2) This section applies if a vehicle that has been towed in the
22 conduct of a regulated towing business is stored in a storage
23 yard.
24 (3) If a relevant person for the vehicle pays the applicable charges
25 (if any) for the vehicle, the towing service provider conducting
26 the regulated towing business must ensure that the vehicle is
27 released as soon as practicable but in any event no later than
28 4 hours after payment is made.
page 14
Towing Services Bill 2024
Towing businesses Part 2
Offences and related matters Division 2
s. 16
1 Penalty for this subsection:
2 (a) for an individual, a fine of $9 000;
3 (b) for a body corporate, a fine of $45 000.
4 (4) For the purposes of determining when the 4-hour period referred
5 to in subsection (3) expires, only time between 9 am and 5 pm
6 on a business day is to be counted.
7 (5) The regulations may prescribe the steps that must be taken to
8 release the vehicle for the purposes of subsection (3).
9 16. Moving vehicle from storage yard
10 (1) In this section --
11 natural disaster means a cyclone, earthquake, flood, storm,
12 tsunami or other natural event.
13 (2) This section applies if a vehicle that has been towed in the
14 conduct of a regulated towing business is stored in a storage
15 yard.
16 (3) The towing service provider conducting the regulated towing
17 business must ensure that the vehicle is not moved from the
18 storage yard except for the purpose of --
19 (a) releasing it to a relevant person for the vehicle; or
20 (b) moving it to another location approved in writing by a
21 relevant person for the vehicle; or
22 (c) preventing possible damage to the vehicle by fire or
23 natural disaster.
24 Penalty for this subsection:
25 (a) for an individual, a fine of $9 000;
26 (b) for a body corporate, a fine of $45 000.
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Division 3 Authorisation
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1 Division 3 -- Authorisation
2 17. Application for towing business authorisation
3 (1) Any of the following may apply for a towing business
4 authorisation --
5 (a) an individual;
6 (b) 2 or more persons who intend to conduct a regulated
7 towing business jointly under a partnership or other
8 agreement;
9 (c) a body corporate incorporated under a law of this or any
10 other jurisdiction, including --
11 (i) the Corporations Act 2001 (Commonwealth);
12 and
13 (ii) the Associations Incorporation Act 2015; and
14 (iii) the Co-operatives Act 2009;
15 (d) any other entity prescribed by the regulations.
16 (2) A person who is disqualified under this Part from holding or
17 obtaining a towing business authorisation cannot apply for a
18 towing business authorisation.
19 (3) An application for a towing business authorisation must be
20 made to the CEO.
21 (4) The application must --
22 (a) be in the approved form; and
23 (b) contain the information required by the CEO; and
24 (c) nominate 1 or more individuals who meet the criteria set
25 out in section 18 to be responsible officers to represent
26 the towing service provider in the conduct of the
27 regulated towing business; and
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s. 18
1 (d) be accompanied by a declaration in the approved
2 form --
3 (i) stating that the authorisations referred to in
4 section 18(b) and (c) have been given; and
5 (ii) acknowledging that documents given to a
6 responsible officer on behalf of the towing
7 service provider under this Act are taken to be
8 given to the towing service provider;
9 and
10 (e) comply with any requirements prescribed by the
11 regulations; and
12 (f) be accompanied by the application fee (if any)
13 prescribed by the regulations.
14 (5) At least 1 individual nominated under subsection (4)(c) must be
15 a resident of the State.
16 (6) At least 1 individual nominated under subsection (4)(c) in
17 relation to an applicant that is a body corporate must be a
18 director or manager of the body corporate.
19 (7) The CEO may, by written notice given to the applicant, require
20 the applicant to provide further information relevant to the
21 application that is specified in the notice within the time (being
22 not less than 30 days) specified in the notice.
23 18. Responsible officers
24 In order to be nominated under section 17(4)(c) or the
25 regulations as a responsible officer in relation to a regulated
26 towing business, an individual must --
27 (a) be directly involved in the day-to-day management of
28 the regulated towing business; and
29 (b) be authorised to represent the towing service provider in
30 conducting the regulated towing business; and
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s. 19
1 (c) have access to, and be authorised to provide, any
2 information relating to the regulated towing business
3 that is required under this Act; and
4 (d) be a fit and proper person to represent the towing service
5 provider in the conduct of the regulated towing business;
6 and
7 (e) have the capacity to influence, on behalf of the towing
8 service provider, compliance with safety standards in
9 relation to the conduct of the regulated towing business;
10 and
11 (f) meet any requirements prescribed by the regulations.
12 19. Grant of authorisation
13 (1) If an application for a towing business authorisation is made to
14 the CEO under section 17, the CEO may --
15 (a) grant a towing business authorisation to the applicant; or
16 (b) refuse to grant a towing business authorisation to the
17 applicant.
18 (2) The CEO must not grant a towing business authorisation under
19 subsection (1)(a) unless the CEO is satisfied that --
20 (a) the applicant is a fit and proper person to conduct a
21 regulated towing business; and
22 (b) the grant of the towing business authorisation would not
23 be contrary to the public interest; and
24 (c) each individual nominated under section 17(4)(c) meets
25 the criteria referred to in section 18; and
26 (d) the application complies with the requirements of
27 section 17(4)(a) to (e) and the applicant has provided
28 any information required under section 17(7); and
29 (e) the applicant meets any requirements prescribed by the
30 regulations; and
31 (f) the applicant has paid any application fee prescribed
32 under section 17(4)(f); and
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s. 19
1 (g) the applicant has paid any authorisation fee prescribed
2 by the regulations for the authorisation within the time
3 for payment required by the CEO.
4 (3) The CEO may have regard to any relevant matter in determining
5 whether an individual nominated as a responsible officer by the
6 applicant meets the criteria set out in section 18.
7 (4) Without limiting subsections (1) and (2), the CEO may refuse to
8 grant the towing business authorisation if --
9 (a) the applicant has previously held a towing business
10 authorisation, or an equivalent authorisation in another
11 State or a Territory, and that authorisation has been
12 cancelled; or
13 (b) an individual nominated under section 17(4)(c) has
14 previously held a towing business authorisation, or an
15 equivalent authorisation in another State or a Territory,
16 and that authorisation has been cancelled; or
17 (c) a close associate of the applicant has previously held a
18 towing business authorisation, or an equivalent
19 authorisation in another State or a Territory, and that
20 authorisation has been cancelled; or
21 (d) the applicant, a close associate of the applicant or an
22 individual nominated under section 17(4)(c) is charged
23 with a disqualification offence; or
24 (e) a close associate of the applicant has been convicted of a
25 disqualification offence.
26 (5) The CEO must refuse to grant the towing business authorisation
27 if --
28 (a) an individual nominated under section 17(4)(c) has been
29 convicted of a disqualification offence; and
30 (b) the prescribed disqualification period in relation to the
31 disqualification offence has not passed since the
32 conviction.
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1 (6) A reference in this section to a conviction does not include a
2 reference to a conviction that has been quashed or set aside.
3 20. Authorisation document
4 (1) If the CEO grants a towing business authorisation, the CEO
5 must give an authorisation document to the provider of the
6 service.
7 (2) The authorisation document must --
8 (a) be in the approved form; and
9 (b) identify the authorised towing service provider; and
10 (c) specify an authorisation number.
11 21. Variation of authorisation in certain circumstances
12 (1) This section applies if --
13 (a) 2 or more persons jointly hold a towing business
14 authorisation; and
15 (b) any of the persons referred to in paragraph (a) dies or
16 ceases to jointly conduct the towing business the subject
17 of the towing business authorisation.
18 (2) The CEO may vary the authorisation to the extent necessary to
19 reflect the change in the holder of the authorisation.
20 22. Conditions of authorisation
21 A towing business authorisation is granted subject to --
22 (a) any conditions that the CEO thinks fit and specifies on
23 the authorisation document or otherwise specifies in
24 writing; and
25 (b) any conditions prescribed by the regulations.
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Authorisation Division 3
s. 23
1 23. Application for variation of conditions
2 (1) An authorised towing service provider may apply to the CEO
3 for a variation of the conditions of the towing business
4 authorisation (other than conditions prescribed by the
5 regulations).
6 (2) The application must --
7 (a) be in the approved form; and
8 (b) be accompanied by any documents or other information
9 specified in the approved form; and
10 (c) be accompanied by the application fee (if any)
11 prescribed by the regulations.
12 24. Variation of conditions
13 (1) The CEO may vary the conditions of a towing business
14 authorisation if the CEO is satisfied that the variation is
15 appropriate in the circumstances.
16 (2) A variation may be made on application under section 23 or on
17 the CEO's own initiative.
18 (3) A variation --
19 (a) must be in writing; and
20 (b) may do any of the following --
21 (i) vary existing conditions;
22 (ii) remove existing conditions;
23 (iii) add new conditions.
24 25. Notice of decision to refuse, impose conditions or vary
25 (1) The CEO must give an applicant written notice of a decision
26 under section 19(1)(b) to refuse to grant a towing business
27 authorisation.
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1 (2) The CEO must give an authorised towing service provider
2 written notice of a decision to --
3 (a) impose conditions on a towing business authorisation
4 under section 22(a); or
5 (b) vary the towing business authorisation under section 21;
6 or
7 (c) refuse to grant an application under section 23 for the
8 variation of the conditions of the towing business
9 authorisation; or
10 (d) vary the conditions of the towing business authorisation
11 under section 24.
12 (3) In the case of a relevant decision the notice must state --
13 (a) the reasons for the decision; and
14 (b) that the person has a right to a review under Part 7.
15 (4) In subsection (3) --
16 relevant decision means a decision to --
17 (a) refuse to grant a towing business authorisation under
18 section 19(1)(b) (otherwise than because the applicant
19 has not paid a fee referred to in section 19(2)(f) or (g) or
20 on the ground set out in section 19(5)); or
21 (b) impose conditions on a towing business authorisation
22 under section 22(a); or
23 (c) vary the conditions of a towing business authorisation
24 on the CEO's own initiative; or
25 (d) refuse to grant an application for the variation of the
26 conditions of a towing business authorisation.
27 26. Duration of authorisation
28 (1) A towing business authorisation is granted for the period
29 prescribed by or determined under the regulations.
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s. 27
1 (2) A towing business authorisation may be renewed in accordance
2 with the regulations.
3 (3) A towing business authorisation remains in force until
4 whichever of the following first occurs --
5 (a) it expires;
6 (b) it is cancelled.
7 (4) A towing business authorisation is not in force during any
8 period for which it is suspended.
9 Note for this subsection:
10 See Division 4 for the suspension of a towing business authorisation.
11 27. Towing business authorisation not transferable
12 A towing business authorisation is not transferable.
13 28. Publication of list of providers of authorised towing services
14 The CEO must publish a list of authorised towing service
15 providers on the Department's website in accordance with the
16 regulations.
17 Division 4 -- Suspension, cancellation and disqualification
18 29. Suspension or cancellation order
19 (1) The CEO may make an order suspending or cancelling a towing
20 business authorisation if --
21 (a) the authorised towing service provider has contravened
22 any requirements under this Act, including --
23 (i) a condition of the authorisation; and
24 (ii) any duty or obligation imposed on the provider
25 under this Act;
26 or
27 (b) the authorisation was obtained by fraud or
28 misrepresentation; or
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Division 4 Suspension, cancellation and disqualification
s. 30
1 (c) the CEO is no longer satisfied that the authorised towing
2 service provider is a fit and proper person to conduct a
3 regulated towing business; or
4 (d) the CEO is satisfied that the authorisation continuing to
5 be in force would be contrary to the public interest; or
6 (e) the CEO is satisfied that the authorised towing service
7 provider has no responsible officer who meets the
8 criteria set out in section 18; or
9 (f) the CEO is no longer satisfied that the authorised towing
10 service provider meets the requirements (if any)
11 prescribed by regulations under section 19(2)(e); or
12 (g) a responsible officer of the authorised towing service
13 provider has held a towing business authorisation
14 (whether for the same or a different business), or an
15 equivalent authorisation in another State or a Territory,
16 and that authorisation has been cancelled; or
17 (h) a close associate of the authorised towing service
18 provider has held a towing business authorisation
19 (whether for the same or a different business), or an
20 equivalent authorisation in another State or a Territory,
21 and that authorisation has been cancelled.
22 (2) A suspension order made under subsection (1)(a), (c), (d), (e)
23 or (f) may include a requirement that the authorised towing
24 service provider undertake remedial action.
25 (3) The CEO may, by written notice given to the authorised towing
26 service provider, vary or waive a requirement imposed under
27 subsection (2).
28 30. Suspension or cancellation order for disqualification offence
29 (1) The CEO may make an order suspending a towing business
30 authorisation if the authorised towing service provider, a
31 responsible officer of the provider or a close associate of the
32 provider is charged with a disqualification offence.
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s. 31
1 (2) The CEO must make an order cancelling a towing business
2 authorisation if the authorised towing service provider has been
3 convicted of a disqualification offence.
4 (3) The CEO must make an order cancelling a towing business
5 authorisation if a responsible officer of the authorised towing
6 service provider has been convicted of a disqualification
7 offence, unless the CEO is satisfied that the continued conduct
8 of the regulated towing business is appropriate in the
9 circumstances.
10 (4) The CEO may make an order suspending or cancelling a towing
11 business authorisation if a close associate of the authorised
12 towing service provider has been convicted of a disqualification
13 offence.
14 (5) Subsections (2), (3) and (4) do not apply to a disqualification
15 offence if --
16 (a) the conviction for the offence is quashed or set aside; or
17 (b) the prescribed disqualification period in relation to the
18 disqualification offence has passed since the conviction.
19 31. Disqualification from holding or obtaining towing business
20 authorisation
21 (1) A person is disqualified from holding or obtaining a towing
22 business authorisation for the period determined in accordance
23 with this section if --
24 (a) the person is convicted of a disqualification offence
25 (whether or not a cancellation order is made under
26 section 30(2) as a result of the offence); or
27 (b) the person's towing business authorisation is cancelled
28 under section 30(3) or (4).
29 (2) A period for which a person is disqualified under
30 subsection (1)(a) --
31 (a) commences when the person is convicted of the
32 disqualification offence; and
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1 (b) ends when the prescribed disqualification period in
2 relation to the disqualification offence expires.
3 (3) A period for which a person is disqualified under
4 subsection (1)(b) --
5 (a) commences when the towing business authorisation is
6 cancelled; and
7 (b) ends when the prescribed disqualification period in
8 relation to the disqualification offence referred to in
9 section 30(3) or (4) (as the case requires) expires.
10 (4) For the purposes of determining when a prescribed
11 disqualification period expires as referred to in subsection (2)(b)
12 or (3)(b), the period is taken to have commenced at the start of
13 the day on which the relevant conviction referred to in
14 subsection (1)(a) or 30(3) or (4) occurred.
15 (5) Despite subsection (2)(b) or (3)(b), if the relevant conviction
16 referred to in subsection (1)(a) or 30(3) or (4) is quashed or set
17 aside, the period for which the person is disqualified from
18 holding or obtaining a towing business authorisation ends on the
19 day on which the conviction is quashed or set aside.
20 (6) This section is subject to section 32.
21 Examples for this section:
22 1. The following is an example of how a person is disqualified from
23 holding a towing business authorisation under subsection (1)(a).
24 (a) On 1 January in a year, a person is convicted of a
25 disqualification offence for which the prescribed disqualification
26 period is 6 months.
27 (b) The person is disqualified under subsection (1)(a) from holding
28 or obtaining a towing business authorisation for the period that
29 commences when the person is convicted and ends on 30 June
30 in that year (which is the last day of the period of 6 months
31 commencing on the day of conviction).
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1 2. The following is an example of how a person is disqualified from
2 holding or obtaining a towing business authorisation under
3 subsection (1)(b).
4 (a) On 1 January in a year, a person is convicted of a
5 disqualification offence for which the prescribed disqualification
6 period is 1 year.
7 (b) On 1 February in that year, the convicted person becomes a
8 close associate of an authorised towing service provider.
9 (c) On 1 March in that year, the CEO exercises their discretion to
10 make an order under section 30(4) cancelling the authorised
11 towing service provider's towing business authorisation as a
12 result of the close associate having been convicted of the
13 disqualification offence.
14 (d) The towing service provider is disqualified under
15 subsection (1)(b) from holding or obtaining a towing business
16 authorisation for the period commencing when the towing
17 business authorisation is cancelled and ending on
18 31 December in that year (which is the last day of the period of
19 1 year commencing on the day of conviction).
20 32. Cumulative effect of disqualification
21 (1) This section applies if, when the period (the new period of
22 disqualification) for which a person is disqualified under
23 section 31(1)(a) from holding or obtaining a towing business
24 authorisation would otherwise commence, the person is already
25 disqualified from holding or obtaining a towing business
26 authorisation under section 31(1) for a period (the current
27 period of disqualification).
28 (2) The commencement of the new period of disqualification --
29 (a) commences on --
30 (i) the day after the last day of the current period of
31 disqualification; or
32 (ii) if there are 1 or more other periods of
33 disqualification that are to commence subsequent
34 to the current period of disqualification under
35 this section -- on the day after the last day of the
36 last occurring of those periods;
37 and
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1 (b) ends when the prescribed disqualification period for the
2 disqualification offence that resulted in the new period
3 of disqualification expires.
4 (3) For the purposes of determining when the prescribed
5 disqualification period expires for the purposes of
6 subsection (2)(b), the period is taken to have commenced at the
7 start of the day applicable under subsection (2)(a).
8 (4) Despite subsection (2), if the relevant conviction that resulted in
9 the new period of disqualification is quashed or set aside, the
10 new period of disqualification, as the case requires --
11 (a) does not commence; or
12 (b) ends on the day on which the conviction is quashed or
13 set aside.
14 Example for this section:
15 The following is an example of how cumulative disqualification works
16 under this section.
17 (a) A person is disqualified under section 31(1) from holding or
18 obtaining a towing business authorisation for a period of
19 2 years.
20 (b) During that 2-year period, the person is convicted of a
21 disqualification offence for which the prescribed disqualification
22 period is 3 years.
23 (c) The period for which the person is disqualified as a result of
24 that conviction commences after the end of the first period of
25 disqualification, resulting in the person being disqualified from
26 holding or obtaining a towing business authorisation for a total
27 period of 5 years.
28 33. Order may be made even if authorisation suspended
29 An order may be made under section 29(1) or 30(1), (2), (3)
30 or (4) even if the towing business authorisation is already
31 suspended when the order is made.
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s. 34
1 34. Show cause process
2 (1) Unless section 35 applies, the CEO must not make an order
3 under section 29(1) or 30(1), (3) or (4) unless the CEO has first
4 complied with this section.
5 (2) The CEO must give the authorised towing service provider a
6 written notice requiring the provider to show cause, within
7 30 days after the day on which the notice is given, why the
8 towing business authorisation should not be suspended or
9 cancelled, as the case requires.
10 (3) If, at the end of the 30-day notice period, the CEO is not
11 satisfied that the towing business authorisation should not be
12 suspended or cancelled, the order may be made under
13 section 29(1) or 30(1), (3) or (4), as the case requires.
14 (4) The CEO may make an order suspending a towing business
15 authorisation within the 30-day notice period if the CEO
16 considers that the suspension is necessary in the circumstances.
17 35. Immediate suspension or cancellation
18 The CEO may make an order under section 29(1) or 30(1), (3)
19 or (4) without complying with section 34 if the CEO has reason
20 to believe that the regulated towing business has been or is
21 being conducted in a manner that causes, or might cause, danger
22 to the public.
23 36. Notice of suspension order
24 The CEO must give written notice of a suspension order under
25 section 29(1), 30(1) or (4) or 34(4) to the towing service
26 provider stating the following --
27 (a) that the towing business authorisation is suspended;
28 (b) the day on which the period of suspension commences;
29 (c) the grounds on which the order is made;
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1 (d) if the order is made under section 29(1)(a), (c), (d), (e)
2 or (f) -- any remedial action that the towing service
3 provider is required to take under section 29(2);
4 (e) if the order is made under
5 section 29(1)(a), (b), (c), (d), (e) or (f) or 34(4) -- that
6 the towing service provider has a right to a review under
7 Part 7.
8 37. Period of suspension
9 (1) A towing business authorisation subject to a suspension order
10 under section 29(1) or 30(1) or (4) is suspended under the order
11 for a period --
12 (a) commencing on the day stated in the notice under
13 section 36(b); and
14 (b) ending on the first of the following to occur --
15 (i) the day stated in a notice of revocation of the
16 suspension order under section 38(4)(b);
17 (ii) the day on which the authorisation is cancelled
18 under this Act;
19 (iii) the day on which the authorisation expires.
20 (2) A towing business authorisation subject to a suspension order
21 under section 34(4) is suspended under the order for a period --
22 (a) commencing on the day stated in the notice under
23 section 36(b); and
24 (b) ending on the first of the following to occur --
25 (i) the day on which the authorisation is suspended
26 or cancelled after the end of the 30-day period
27 referred to in section 34;
28 (ii) the day stated in a notice of revocation of the
29 order under section 38(4)(b);
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1 (iii) the day on which the authorisation is otherwise
2 cancelled under this Act;
3 (iv) the day on which the authorisation expires.
4 38. Revocation of suspension order
5 (1) The CEO may at any time revoke a suspension order made
6 under section 29(1), 30(1) or (4) or 34(4).
7 (2) The CEO must revoke a suspension order made under
8 section 34(4) as soon as practicable after the end of the 30-day
9 notice period referred to in section 34 if the CEO decides not to
10 make an order under section 29(1) or 30(1), (3) or (4).
11 (3) The CEO must revoke a suspension order made under
12 section 29(1) as soon as practicable after the CEO becomes
13 satisfied that --
14 (a) if the order includes a requirement under section 29(2)
15 that the towing service provider undertake any remedial
16 action -- that action has been undertaken; and
17 (b) the grounds for making the order no longer exist.
18 (4) The CEO must give written notice of a revocation of a
19 suspension order under this section to the towing service
20 provider stating the following --
21 (a) that the suspension of the towing business authorisation
22 has been revoked;
23 (b) the day on which the suspension of the towing business
24 authorisation under the order ends;
25 (c) the reasons for the revocation.
26 39. Notice of cancellation order
27 (1) The CEO must give written notice of a cancellation order made
28 under section 29(1) or 30(2), (3) or (4) to the towing service
29 provider stating the following --
30 (a) that the towing business authorisation is cancelled;
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1 (b) the day on which the cancellation takes effect;
2 (c) the grounds on which the order is made;
3 (d) if the order is made under section 30(2), (3) or (4) --
4 (i) that the towing service provider is disqualified
5 from holding or obtaining a towing business
6 authorisation; and
7 (ii) the period for which the towing service provider
8 is disqualified from holding or obtaining a
9 towing business authorisation;
10 (e) if the order is made under
11 section 29(1)(a), (b), (c), (d), (e) or (f) -- that the towing
12 service provider has a right to a review under Part 7.
13 (2) A towing business authorisation subject to a cancellation order
14 is cancelled on the day stated in the order.
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Towing workers Part 3
Offences and related matters Division 1
s. 40
1 Part 3 -- Towing workers
2 Division 1 -- Offences and related matters
3 40. Towing vehicle without authorisation and powers to
4 authorise
5 (1) In this section --
6 authority to tow means a written authorisation in the approved
7 form for the towing of a vehicle.
8 (2) A towing worker must not tow, or attempt to tow, a vehicle for
9 the purposes of a regulated towing business unless the towing is
10 authorised --
11 (a) under an authority to tow in accordance with the
12 regulations given by a relevant person for the vehicle; or
13 (b) under an authority to tow in accordance with the
14 regulations given by a police officer under
15 subsection (3); or
16 (c) by the Commissioner of Main Roads under
17 subsection (4); or
18 (d) under the Road Traffic (Administration) Act 2008 or any
19 other written law.
20 Penalty for this subsection: a fine of $12 000.
21 (3) A police officer may give an authority to tow a vehicle for the
22 purposes of subsection (2)(b) if a relevant person for the vehicle
23 is not present or is physically or mentally incapable of giving an
24 authority to tow the vehicle.
25 (4) The Commissioner of Main Roads may authorise the towing of
26 a vehicle to another place for the purposes of subsection (2)(c) if
27 the Commissioner considers that the towing is necessary to
28 prevent or minimise a hazard or obstruction.
29 (5) Authorisation under subsection (4) may be given orally.
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Division 1 Offences and related matters
s. 41
1 41. Engaging in towing work without authorisation
2 (1) An individual commits an offence if --
3 (a) the individual engages in towing work for the purposes
4 of a regulated towing business; and
5 (b) the individual does not hold a towing worker
6 authorisation that is in force.
7 Penalty for this subsection: a fine of $12 000 but, if
8 subsection (2) applies, the minimum penalty is a fine of
9 $2 000.
10 (2) This subsection applies if the individual does not hold a towing
11 worker authorisation that is in force because --
12 (a) the individual is disqualified under this Part from
13 holding or obtaining a towing worker authorisation; or
14 (b) the individual holds a towing worker authorisation that
15 is suspended.
16 (3) An individual does not commit an offence under subsection (1)
17 if --
18 (a) the individual is the holder of an interstate towing
19 worker authorisation that is in force; and
20 (b) the individual complies with the conditions of that
21 authorisation and with the regulations in engaging in
22 towing work for the purposes of a regulated towing
23 business; and
24 (c) the towing work is engaged in within the relevant period
25 prescribed by the regulations for that kind of
26 authorisation.
27 Note for this subsection:
28 The Mutual Recognition Act 1992 (Commonwealth), as adopted by the
29 Mutual Recognition (Western Australia) Act 2020, also deals with the
30 recognition of authorisations to carry on occupations granted under a
31 law of another State, the Australian Capital Territory or the Northern
32 Territory.
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Offences and related matters Division 1
s. 42
1 (4) It is a defence to a charge of an offence under subsection (1) to
2 prove that --
3 (a) the individual charged did not hold a towing worker
4 authorisation that was in force because the authorisation
5 was suspended under section 67(1) because the person
6 was not authorised to drive a motor vehicle under the
7 Road Traffic (Authorisation to Drive) Act 2008; and
8 (b) the individual was not authorised to drive under the
9 Road Traffic (Authorisation to Drive) Act 2008 because
10 the individual --
11 (i) was disqualified from holding or obtaining a
12 driver's licence under the Fines, Penalties and
13 Infringement Notices Enforcement Act 1994
14 section 19 or 43; or
15 (ii) was the subject of any disqualification or
16 suspension under a law of another jurisdiction
17 that is prescribed for the purposes of the Road
18 Traffic Act 1974 section 49(9)(b);
19 and
20 (c) the individual did not know, and could not reasonably be
21 expected to have known, of the circumstances referred
22 to in paragraph (a).
23 42. Causing or permitting individual to engage in towing work
24 without authorisation
25 (1) A person commits an offence if --
26 (a) the person causes or permits an individual to engage in
27 towing work for the purposes of a regulated towing
28 business; and
29 (b) the individual who engages in towing work does not
30 hold a towing worker authorisation that is in force.
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Division 1 Offences and related matters
s. 42
1 Penalty for this subsection:
2 (a) for a first offence --
3 (i) for an individual, a fine of $12 000;
4 (ii) for a body corporate, a fine of $60 000;
5 (b) for a subsequent offence --
6 (i) for an individual, a fine of $12 000 but the
7 minimum penalty is a fine of $2 000;
8 (ii) for a body corporate, a fine of $60 000 but the
9 minimum penalty is a fine of $10 000.
10 (2) A person does not commit an offence under subsection (1) if the
11 individual who engages in towing work --
12 (a) is the holder of an interstate towing worker authorisation
13 that is in force; and
14 (b) complies with the conditions of that authorisation and
15 with the regulations in engaging in the towing work for
16 the purposes of a regulated towing business; and
17 (c) engages in the work within the relevant period
18 prescribed by the regulations for that kind of
19 authorisation.
20 Note for this subsection:
21 The Mutual Recognition Act 1992 (Commonwealth), as adopted by the
22 Mutual Recognition (Western Australia) Act 2020, also deals with the
23 recognition of authorisations to carry on occupations granted under a
24 law of another State, the Australian Capital Territory or the Northern
25 Territory.
26 (3) It is a defence to a charge of an offence under subsection (1) to
27 prove that the person charged took reasonable steps to ensure
28 that at the time of the offence the individual held a towing
29 worker authorisation that was in force.
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Towing workers Part 3
Offences and related matters Division 1
s. 43
1 43. Requirement to comply with conditions of towing worker
2 authorisation
3 An authorised towing worker must comply with the conditions
4 of the towing worker authorisation.
5 Penalty: a fine of $12 000.
6 44. Causing or permitting engagement in towing work contrary
7 to conditions of towing worker authorisation
8 A person commits an offence if the person causes or permits an
9 authorised towing worker to engage in towing work for the
10 purposes of a regulated towing business in contravention of a
11 condition of the worker's towing worker authorisation.
12 Penalty:
13 (a) for an individual, a fine of $12 000;
14 (b) for a body corporate, a fine of $60 000.
15 45. Forgery and improper use of identifying details
16 (1) In this section --
17 identifying document means any or all of the following --
18 (a) a towing worker authorisation document issued to an
19 individual;
20 (b) any additional identification document issued to an
21 individual, or that an individual is required to hold or
22 display, in accordance with the regulations.
23 (2) An individual commits an offence if the individual --
24 (a) forges or fraudulently alters a towing worker
25 authorisation document; or
26 (b) uses a towing worker authorisation document that has
27 been forged or fraudulently altered.
28 Penalty for this subsection: a fine of $12 000.
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Division 1 Offences and related matters
s. 45
1 (3) An individual commits an offence if --
2 (a) the individual uses an identifying document to hold out
3 that the individual is authorised to engage in towing
4 work for the purposes of a regulated towing business;
5 and
6 (b) the document has ceased to have effect or is not the
7 current document issued to or required to be held or
8 displayed by the individual.
9 Penalty for this subsection: a fine of $12 000.
10 (4) An individual commits an offence if --
11 (a) the individual causes or permits another individual to
12 use the individual's identifying document; and
13 (b) the other individual uses the identifying document for
14 the purpose of --
15 (i) impersonating the individual; or
16 (ii) holding out that the other individual is authorised
17 to engage in towing work for the purposes of a
18 regulated towing business.
19 Penalty for this subsection: a fine of $12 000.
20 (5) An individual commits an offence if the individual uses another
21 individual's identifying document for the purpose of --
22 (a) impersonating the other individual; or
23 (b) holding out that the individual is authorised to engage in
24 towing work for the purposes of a regulated towing
25 business.
26 Penalty for this subsection: a fine of $12 000.
page 38
Towing Services Bill 2024
Towing workers Part 3
Authorisation Division 2
s. 46
1 Division 2 -- Authorisation
2 46. Application for towing worker authorisation
3 (1) An individual may apply to the CEO for a towing worker
4 authorisation.
5 (2) An individual who is disqualified under this Part from holding
6 or obtaining a towing worker authorisation cannot apply for a
7 towing worker authorisation.
8 (3) The application must --
9 (a) be in the approved form; and
10 (b) contain the information required by the CEO; and
11 (c) be accompanied by the application fee (if any)
12 prescribed by the regulations.
13 (4) The CEO may, by written notice given to the applicant, require
14 the applicant to provide further information relevant to the
15 application that is specified in the notice within the time (being
16 not less than 30 days) specified in the notice.
17 47. Grant of authorisation
18 (1) If an application for a towing worker authorisation is made to
19 the CEO under section 46, the CEO may --
20 (a) grant a towing worker authorisation to the applicant; or
21 (b) refuse to grant a towing worker authorisation to the
22 applicant.
23 (2) The CEO must not grant a towing worker authorisation under
24 subsection (1)(a) unless the CEO is satisfied that --
25 (a) the applicant is a fit and proper person to engage in
26 towing work for the purposes of a regulated towing
27 business; and
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Part 3 Towing workers
Division 2 Authorisation
s. 48
1 (b) the grant of the towing worker authorisation would not
2 be contrary to the public interest; and
3 (c) the application complies with the requirements of
4 section 46(3)(a) and (b) and the applicant has provided
5 any information required under section 46(4); and
6 (d) the applicant meets any requirements prescribed by the
7 regulations; and
8 (e) the applicant has paid the application fee (if any)
9 prescribed under section 46(3)(c); and
10 (f) the applicant has paid the authorisation fee (if any)
11 prescribed by the regulations for the authorisation within
12 the time for payment required by the CEO.
13 (3) Without limiting subsections (1) and (2), the CEO may refuse to
14 grant the towing worker authorisation if the applicant --
15 (a) is charged with a disqualification offence; or
16 (b) has previously held a towing worker authorisation, or an
17 interstate towing worker authorisation, and that
18 authorisation has been cancelled.
19 48. Towing worker authorisation document
20 (1) If the CEO grants a towing worker authorisation, the CEO must
21 give a towing worker authorisation document to the towing
22 worker.
23 (2) The towing worker authorisation document must --
24 (a) be in the approved form; and
25 (b) identify the towing worker to whom it is issued; and
26 (c) specify an authorisation number.
27 (3) The CEO may at any time --
28 (a) issue a new towing worker authorisation document to a
29 towing worker; and
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Towing Services Bill 2024
Towing workers Part 3
Authorisation Division 2
s. 49
1 (b) give the towing worker a written notice requiring the
2 towing worker to --
3 (i) cease to use any previous towing worker
4 authorisation document issued to the towing
5 worker; and
6 (ii) if applicable, surrender to the CEO any previous
7 towing worker authorisation document issued to
8 the towing worker.
9 49. Conditions of towing worker authorisation
10 (1) A towing worker authorisation is granted subject to --
11 (a) any conditions that the CEO thinks fit and specifies on
12 the authorisation document or otherwise specifies in
13 writing; and
14 (b) any conditions prescribed by the regulations.
15 (2) In determining the conditions to be imposed on a towing worker
16 authorisation under subsection (1), the CEO may have regard to
17 the opinion of a medical practitioner who prepares any approved
18 medical report in relation to the applicant required by the
19 regulations as to --
20 (a) the need for and frequency of medical reassessments
21 over a period not exceeding 5 years; and
22 (b) any restrictions that should be placed on the applicant in
23 relation to the operation of a tow truck.
24 50. Application for variation of conditions
25 (1) An authorised towing worker may apply to the CEO for a
26 variation of the conditions of the towing worker authorisation
27 (other than conditions prescribed by the regulations).
28 (2) The application must --
29 (a) be in the approved form; and
30 (b) be accompanied by any documents or other information
31 specified in the approved form; and
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Part 3 Towing workers
Division 2 Authorisation
s. 51
1 (c) be accompanied by the application fee (if any)
2 prescribed by the regulations.
3 51. Variation of conditions
4 (1) The CEO may vary the conditions of a towing worker
5 authorisation imposed by the CEO if the CEO is satisfied that
6 the variation is appropriate in the circumstances.
7 (2) A variation may be made on application under section 50 or on
8 the CEO's own initiative.
9 (3) A variation --
10 (a) must be in writing; and
11 (b) may do all or any of the following --
12 (i) vary existing conditions;
13 (ii) remove existing conditions;
14 (iii) add new conditions.
15 52. Notice of decision to refuse or vary
16 (1) The CEO must give an applicant written notice of a decision
17 under section 47(1)(b) to refuse to grant a towing worker
18 authorisation.
19 (2) The CEO must give an authorised towing worker written notice
20 of a decision to --
21 (a) impose conditions on the towing worker authorisation
22 under section 49(1)(a); or
23 (b) refuse to grant an application under section 50 for the
24 variation of the conditions of the towing worker
25 authorisation; or
26 (c) vary the conditions of the towing worker authorisation
27 under section 51.
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Towing workers Part 3
Authorisation Division 2
s. 53
1 (3) In the case of a relevant decision the notice must state --
2 (a) the reasons for the decision; and
3 (b) that the individual has a right to a review under Part 7.
4 (4) In subsection (3) --
5 relevant decision means a decision to --
6 (a) refuse to grant a towing worker authorisation under
7 section 47(1)(b) (otherwise than because the applicant
8 has not paid a fee referred to in section 47(2)(e) or (f));
9 or
10 (b) impose conditions on a towing worker authorisation
11 under section 49(1)(a); or
12 (c) vary the conditions of a towing worker authorisation on
13 the CEO's own initiative; or
14 (d) refuse to grant an application for the variation of the
15 conditions of a towing worker authorisation.
16 53. Duration of authorisation
17 (1) A towing worker authorisation is granted for the period
18 prescribed by or determined under the regulations.
19 (2) A towing worker authorisation may be renewed in accordance
20 with the regulations.
21 (3) A towing worker authorisation remains in force until whichever
22 of the following first occurs --
23 (a) it expires;
24 (b) it is cancelled.
25 (4) A towing worker authorisation is not in force during any period
26 for which it is suspended.
27 Note for this subsection:
28 See Division 3 for the suspension of a towing worker authorisation.
page 43
Towing Services Bill 2024
Part 3 Towing workers
Division 3 Suspension, cancellation and disqualification
s. 54
1 54. Towing worker authorisation not transferable
2 A towing worker authorisation is not transferable.
3 Division 3 -- Suspension, cancellation and disqualification
4 Subdivision 1 -- Suspension or cancellation by order
5 55. Suspension or cancellation order
6 (1) The CEO may make an order suspending or cancelling a towing
7 worker authorisation if --
8 (a) the towing worker has contravened any requirements
9 under this Act, including --
10 (i) a condition of the authorisation; and
11 (ii) any duty or obligation imposed on the towing
12 worker under this Act;
13 or
14 (b) the authorisation was obtained by fraud or
15 misrepresentation; or
16 (c) the CEO is no longer satisfied that the towing worker is
17 a fit and proper person to engage in towing work for the
18 purposes of a regulated towing business; or
19 (d) the CEO is satisfied that the authorisation continuing to
20 be in force would be contrary to the public interest; or
21 (e) the CEO is no longer satisfied that the towing worker
22 meets the requirements (if any) prescribed by
23 regulations under section 47(2)(d).
24 (2) A suspension order made under subsection (1)(a), (c), (d) or (e)
25 may include a requirement that the towing worker undertake
26 remedial action.
27 (3) The CEO may, by written notice given to the towing worker,
28 vary or waive a requirement imposed under subsection (2).
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Towing Services Bill 2024
Towing workers Part 3
Suspension, cancellation and disqualification Division 3
s. 56
1 56. Suspension order for disqualification offence
2 The CEO may make an order suspending a towing worker
3 authorisation if --
4 (a) the towing worker is charged with a disqualification
5 offence; or
6 (b) the CEO suspects on reasonable grounds that the towing
7 worker has committed a disqualification offence.
8 57. Order may be made even if authorisation suspended
9 An order may be made under section 55(1) or 56 even if the
10 towing worker authorisation is already suspended when the
11 order is made.
12 58. Show cause process
13 (1) Unless section 59 applies, the CEO must not make an order
14 under section 55(1) or 56 unless the CEO has first complied
15 with this section.
16 (2) The CEO must give the holder of the towing worker
17 authorisation a written notice requiring the holder to show
18 cause, within 30 days after the day on which the notice is given,
19 why the towing worker authorisation should not be suspended
20 or cancelled, as the case requires.
21 (3) If, at the end of the 30-day notice period, the CEO is not
22 satisfied that the towing worker authorisation should not be
23 suspended or cancelled, the order may be made under
24 section 55(1) or 56, as the case requires.
25 (4) The CEO may make an order suspending a towing worker
26 authorisation within the 30-day notice period if the CEO
27 considers that the suspension is necessary in the circumstances.
28 59. Immediate suspension or cancellation
29 The CEO may make an order under section 55(1) or 56 without
30 complying with section 58 if the CEO has reason to believe that
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Towing Services Bill 2024
Part 3 Towing workers
Division 3 Suspension, cancellation and disqualification
s. 60
1 the towing worker has engaged in or is engaging in towing work
2 for the purposes of a regulated towing business in a manner that
3 has caused, or may cause, danger to the public.
4 60. Notice of suspension order
5 The CEO must give written notice of a suspension order made
6 under section 55(1), 56 or 58(4) to the towing worker stating the
7 following --
8 (a) that the towing worker authorisation is suspended;
9 (b) the day on which the period of suspension commences;
10 (c) the grounds on which the order is made;
11 (d) if the order is made under section 55(1)(a), (c), (d)
12 or (e) -- any remedial action that the towing worker is
13 required to take under section 55(2);
14 (e) if the order is made under section 55(1)(a), (b), (c), (d)
15 or (e), 56(b) or 58(4) -- that the towing worker has a
16 right to a review under Part 7.
17 61. Period of suspension
18 (1) A towing worker authorisation subject to a suspension order
19 made under section 55(1) or 56 is suspended under the order for
20 a period --
21 (a) commencing on the day stated in the notice under
22 section 60(b); and
23 (b) ending on the first of the following to occur --
24 (i) the day stated in a notice of revocation of the
25 order under section 62(4)(b);
26 (ii) the day on which the authorisation is cancelled
27 under this Act;
28 (iii) the day on which the authorisation expires.
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Towing workers Part 3
Suspension, cancellation and disqualification Division 3
s. 62
1 (2) A towing worker authorisation subject to a suspension order
2 made under section 58(4) is suspended under the order for a
3 period --
4 (a) commencing on the day stated in the notice under
5 section 60(b); and
6 (b) ending on the first of the following to occur --
7 (i) the day on which the authorisation is suspended
8 or cancelled after the end of the 30-day period
9 referred to in section 58;
10 (ii) the day stated in a notice of revocation of the
11 order under section 62(4)(b);
12 (iii) the day on which the authorisation is otherwise
13 cancelled under this Act;
14 (iv) the day on which the authorisation expires.
15 62. Revocation of suspension order
16 (1) The CEO may at any time revoke a suspension order made
17 under section 55(1), 56 or 58(4).
18 (2) The CEO must revoke a suspension order made under
19 section 58(4) as soon as practicable after the end of the 30-day
20 notice period referred to in section 58 if the CEO decides not to
21 make an order under section 55(1) or 56.
22 (3) The CEO must revoke a suspension order made under
23 section 55(1) as soon as practicable after the CEO becomes
24 satisfied that --
25 (a) if the order includes a requirement under section 55(2)
26 that the towing worker undertake any remedial action --
27 that action has been undertaken; and
28 (b) the grounds for making the order no longer exist.
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Towing Services Bill 2024
Part 3 Towing workers
Division 3 Suspension, cancellation and disqualification
s. 63
1 (4) The CEO must give written notice of a revocation of a
2 suspension order under this section to the towing worker stating
3 the following --
4 (a) that the suspension of the towing worker authorisation
5 has been revoked;
6 (b) the day on which the suspension of the towing worker
7 authorisation under the order ends;
8 (c) the reasons for the revocation.
9 63. Notice of cancellation order
10 (1) The CEO must give written notice of a cancellation order made
11 under section 55(1) to the towing worker stating the
12 following --
13 (a) that the towing worker authorisation is cancelled;
14 (b) the day on which the cancellation takes effect;
15 (c) the grounds on which the order is made;
16 (d) if the order is made under section 55(1)(a), (b), (c), (d)
17 or (e) -- that the towing worker has a right to a review
18 under Part 7.
19 (2) A towing worker authorisation subject to a cancellation order is
20 cancelled on the day stated in the order.
21 Subdivision 2 -- Cancellation and disqualification: conviction of
22 disqualification offence
23 64. Cancellation and disqualification if convicted of
24 disqualification offence
25 (1) If an individual is convicted of a disqualification offence then,
26 by force of this section --
27 (a) the individual's towing worker authorisation (if any) is
28 cancelled; and
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Towing Services Bill 2024
Towing workers Part 3
Suspension, cancellation and disqualification Division 3
s. 64
1 (b) the individual is disqualified from holding or obtaining a
2 towing worker authorisation for the period determined
3 in accordance with this section.
4 (2) A period for which an individual is disqualified from holding
5 or obtaining a towing worker authorisation under
6 subsection (1)(b) --
7 (a) commences when the individual is convicted of the
8 disqualification offence; and
9 (b) ends when the prescribed disqualification period in
10 relation to the disqualification offence expires.
11 (3) For the purposes of determining when a prescribed
12 disqualification period expires as referred to in
13 subsection (2)(b), the period is taken to have commenced at the
14 start of the day on which the individual was convicted of the
15 disqualification offence.
16 (4) The cancellation of an authorisation under subsection (1)(a) has
17 effect even if the towing worker authorisation is suspended
18 when the individual is convicted of the disqualification offence.
19 (5) Despite subsection (2)(b), if an individual's conviction for a
20 disqualification offence is quashed or set aside, the period for
21 which the individual is disqualified from holding or obtaining a
22 towing worker authorisation ends on the day on which the
23 conviction is quashed or set aside.
24 Example for this section:
25 The following is an example of how a person is disqualified from
26 holding a towing worker authorisation under subsection (1)(b).
27 (a) On 1 January in a year, an individual is convicted of a
28 disqualification offence for which the prescribed disqualification
29 period is 6 months.
30 (b) The individual is disqualified under subsection (1)(b) from
31 holding or obtaining a towing worker authorisation for the period
32 that commences when the individual is convicted and ends on
33 30 June in that year (which is the last day of the period of
34 6 months beginning on the day of conviction).
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Towing Services Bill 2024
Part 3 Towing workers
Division 3 Suspension, cancellation and disqualification
s. 65
1 65. Cumulative effect of disqualification
2 (1) This section applies if, when the period for which an individual
3 is disqualified under section 64(1)(b) from holding or obtaining
4 a towing worker authorisation (the new period of
5 disqualification) would otherwise commence, the individual is
6 already disqualified from holding or obtaining a towing worker
7 authorisation under that section for a period (the current period
8 of disqualification).
9 (2) The commencement of the new period of disqualification --
10 (a) commences on --
11 (i) the day after the last day of the current period of
12 disqualification; or
13 (ii) if there are 1 or more other periods of
14 disqualification that are to commence subsequent
15 to the current period of disqualification under
16 this section -- the day after the last day of the
17 last occurring of those periods;
18 and
19 (b) ends when the prescribed disqualification period for the
20 disqualification offence that resulted in the new period
21 of disqualification expires.
22 (3) For the purposes of determining when a prescribed
23 disqualification period expires for the purposes of
24 subsection (2)(b), the period is taken to have commenced at the
25 start of the day applicable under subsection (2)(a).
26 (4) Despite subsection (2), if the relevant conviction that resulted in
27 the new period of disqualification is quashed or set aside, the
28 new period of disqualification does not commence, or ends on
29 the day on which the conviction is quashed or set aside, as the
30 case requires.
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Towing Services Bill 2024
Towing workers Part 3
Suspension, cancellation and disqualification Division 3
s. 66
1 Example for this section:
2 The following is an example of how cumulative disqualification works
3 under this section.
4 (a) An individual is disqualified under section 64(1)(b) from holding
5 or obtaining a towing worker authorisation for a period of
6 2 years.
7 (b) During that period, the individual is convicted of a
8 disqualification offence for which the prescribed disqualification
9 period is 3 years.
10 (c) The period for which the individual is disqualified as a result of
11 that conviction commences after the end of the first period of
12 disqualification, resulting in the individual being disqualified
13 from holding or obtaining a towing worker authorisation for a
14 total period of 5 years.
15 66. Notice of cancellation
16 The CEO must give an individual written notice of the
17 cancellation of the individual's towing worker authorisation
18 under section 64(1)(a) stating the following --
19 (a) that the towing worker authorisation is cancelled;
20 (b) that the individual is disqualified from holding or
21 obtaining a towing worker authorisation;
22 (c) the period for which the individual is disqualified from
23 holding or obtaining a towing worker authorisation;
24 (d) that the cancellation took effect and the period of
25 disqualification commenced when the individual was
26 convicted of the disqualification offence;
27 (e) the grounds for the cancellation and disqualification.
28 Subdivision 3 -- Suspension or cancellation relating to authorisation
29 to drive
30 67. Suspension or cancellation relating to authorisation to drive
31 (1) A towing worker authorisation is suspended by force of this
32 subsection during any period that the holder of the authorisation
33 is not authorised under the Road Traffic (Authorisation to
34 Drive) Act 2008 to drive a motor vehicle.
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Towing Services Bill 2024
Part 3 Towing workers
Division 3 Suspension, cancellation and disqualification
s. 67
1 (2) A towing worker authorisation is cancelled by force of this
2 subsection if the holder of the authorisation's driver's licence is
3 cancelled.
page 52
Towing Services Bill 2024
Fees and charges in relation to towing Part 4
s. 68
1 Part 4 -- Fees and charges in relation to towing
2 68. Spotter fees prohibited
3 (1) In this section --
4 crash or breakdown information means information in relation
5 to --
6 (a) the occurrence of a vehicle crash or breakdown; or
7 (b) the presence of a vehicle that --
8 (i) has been involved in a vehicle crash; or
9 (ii) has broken down or become bogged or stranded;
10 towing procurement purpose means the purpose of --
11 (a) obtaining work for a towing business; or
12 (b) enabling another person to obtain work for a towing
13 business;
14 valuable thing --
15 (a) includes the following --
16 (i) any money, bonus, commission, deduction,
17 discount, rebate, remission or other valuable
18 consideration;
19 (ii) any payment in excess of the actual value of any
20 goods or service;
21 (iii) any forbearance to demand any money or
22 money's worth;
23 (iv) employment, or an agreement to give
24 employment, in any capacity;
25 but
26 (b) does not include --
27 (i) charges imposed in accordance with this Act; or
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Towing Services Bill 2024
Part 4 Fees and charges in relation to towing
s. 69
1 (ii) any remuneration given by a towing service
2 provider to a towing worker in relation to the
3 towing worker's duties for the purposes of a
4 towing business.
5 (2) A person must not, for a towing procurement purpose, give or
6 receive, or offer to give or receive, any valuable thing in
7 consideration of the provision of crash or breakdown
8 information.
9 Penalty for this subsection:
10 (a) for an individual, a fine of $9 000;
11 (b) for a body corporate, a fine of $45 000.
12 69. Regulations may prohibit or restrict towing and storage
13 charges
14 (1) The regulations may make provision for or in relation to the
15 imposition of towing charges and storage charges in relation to
16 a regulated towing business, including by --
17 (a) prohibiting the imposition of towing charges or storage
18 charges of prescribed kinds or in prescribed
19 circumstances; and
20 (b) providing for requirements that must be complied with
21 before towing charges or storage charges of prescribed
22 kinds may be imposed; and
23 (c) providing for maximum amounts, or a means of
24 determining maximum amounts, of towing charges or
25 storage charges that may be imposed.
26 (2) Without limiting subsection (1), regulations under that
27 subsection --
28 (a) may be expressed to apply only in particular
29 circumstances or in relation to a particular geographical
30 area; and
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1 (b) may regulate towing charges or storage charges by
2 reference to whether they are reasonable in the
3 circumstances; and
4 (c) may make different provision in relation to towing
5 charges or storage charges imposed in different
6 circumstances, including (without limitation) by
7 reference to the amount of work undertaken or the
8 distance travelled.
9 (3) A towing service provider in relation to a regulated towing
10 business is not entitled to recover or retain any charges imposed
11 in contravention of regulations made under this section.
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Towing Services Bill 2024
Part 5 Confidentiality and exchange of information
Division 1 Preliminary
s. 70
1 Part 5 -- Confidentiality and exchange of information
2 Division 1 -- Preliminary
3 70. Terms used
4 In this Part --
5 disclose includes to provide, to release and to give access to;
6 driver's licence information means --
7 (a) information about drivers' licences, including --
8 (i) details of the persons who have made
9 applications for or in relation to those licences;
10 and
11 (ii) details of the persons who hold or have held
12 those licences; and
13 (iii) information contained in a driver's licence
14 register kept under the Road Traffic
15 (Authorisation to Drive) Act 2008;
16 or
17 (b) information about authorisations (referred to in
18 paragraph (b) of the definition of Australian driver
19 licence in section 4) obtained by the road traffic CEO
20 from an authority of another State or a Territory under a
21 road law;
22 infringement notice information means information about
23 infringement notices, including information about the
24 following --
25 (a) the giving of an infringement notice to a person;
26 (b) the payment of an amount of money in accordance with
27 an infringement notice;
28 (c) the withdrawal of an infringement notice;
29 (d) a matter in relation to which an infringement notice was
30 issued coming before a court for determination;
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Preliminary Division 1
s. 70
1 (e) the registration of an infringement notice under the
2 Fines, Penalties and Infringement Notices Enforcement
3 Act 1994 Part 3;
4 (f) any withdrawal of proceedings under the Fines,
5 Penalties and Infringement Notices Enforcement
6 Act 1994 Part 3 in relation to an infringement notice;
7 interstate towing authority means a person, agency or authority
8 of another State or a Territory that administers or performs
9 functions under an interstate towing law;
10 interstate towing law means --
11 (a) a law of another State or a Territory that provides for the
12 authorisation of persons to operate, or assist in the
13 operation of, tow trucks or to conduct a towing business;
14 or
15 (b) a law prescribed by the regulations;
16 law enforcement official means a person prescribed, or a person
17 of a class prescribed, by the regulations;
18 learner's permit has the meaning given in the Road Traffic
19 (Authorisation to Drive) Act 2008 section 3(1);
20 offence information means the following --
21 (a) details of the following --
22 (i) any offence with which a person has been
23 charged, or of which a person has been
24 convicted, in the State;
25 (ii) any penalty, suspension, cancellation or
26 disqualification resulting from a conviction
27 referred to in subparagraph (i);
28 (b) any details the Commissioner of Police has of the
29 following --
30 (i) any offence with which a person has been
31 charged, or of which a person has been
32 convicted, elsewhere than in the State;
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Division 1 Preliminary
s. 70
1 (ii) any penalty, suspension, cancellation or
2 disqualification resulting from a conviction
3 referred to in subparagraph (i);
4 relevant authority means --
5 (a) the Commissioner of Main Roads; or
6 (b) a person or body prescribed, or a person or body of a
7 class prescribed, by the regulations;
8 road law has the meaning given in the Road Traffic
9 (Administration) Act 2008 section 4;
10 road traffic CEO means the CEO as defined in the Road Traffic
11 (Administration) Act 2008 section 4;
12 towing regulatory information means any of the following --
13 (a) information about towing industry authorisations,
14 including the following --
15 (i) details of the persons who have made
16 applications for or in relation to a towing
17 industry authorisation;
18 (ii) details of the persons who hold or have held a
19 towing industry authorisation;
20 (iii) details of any decision to refuse to grant a towing
21 industry authorisation;
22 (iv) details of the suspension or cancellation of a
23 towing industry authorisation;
24 (v) details of any disqualification from holding or
25 obtaining a towing industry authorisation;
26 (b) details of charges and convictions for offences under
27 this Act;
28 (c) infringement notice information relating to alleged
29 offences under this Act;
30 (d) information relating to whether any of the following is a
31 fit and proper person to conduct a regulated towing
32 business, represent a towing service provider in the
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Confidentiality and disclosure of information Division 2
s. 71
1 conduct of a regulated towing business or engage in
2 towing work for the purposes of a regulated towing
3 business (as the case requires) --
4 (i) an applicant for a towing business authorisation;
5 (ii) an individual nominated as a responsible officer
6 by an applicant for a towing business
7 authorisation or an authorised towing service
8 provider;
9 (iii) an authorised towing service provider;
10 (iv) a responsible officer of an authorised towing
11 service provider;
12 (v) an applicant for a towing worker authorisation;
13 (vi) an authorised towing worker;
14 (e) information relating to whether a close associate of
15 either of the following is of good repute --
16 (i) an applicant for a towing business authorisation;
17 (ii) an authorised towing service provider;
18 traffic infringement notice information means details of the
19 instances in which a person has paid a penalty under an
20 infringement notice under a road law, obtained by the road
21 traffic CEO from the Commissioner of Police under a road law;
22 vehicle licence information has the meaning given in the Road
23 Traffic (Administration) Act 2008 section 4.
24 Division 2 -- Confidentiality and disclosure of information
25 71. Confidentiality
26 (1) In this section --
27 de-identified data means data that, if disclosed, could not
28 reasonably be expected to lead to the identification of --
29 (a) any person to whom it relates; or
30 (b) any business to which it relates.
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Division 2 Confidentiality and disclosure of information
s. 72
1 (2) A person who performs or has performed functions under this
2 Act must not disclose any information obtained by the person in
3 the performance of a function under this Act except --
4 (a) in the performance of that function or another function
5 under this Act or another written law; or
6 (b) as authorised or required under this Act or another
7 written law; or
8 (c) with the consent of the person to whom the information
9 relates; or
10 (d) in circumstances prescribed by the regulations.
11 Penalty for this subsection: imprisonment for 12 months or a
12 fine of $12 000.
13 (3) The CEO may publish de-identified data from time to time to
14 provide information to the public about the performance of the
15 towing industry.
16 (4) The CEO may, on request, provide unpublished de-identified
17 data to any person on payment of any fee prescribed by the
18 regulations.
19 72. CEO may provide information about improvement notices
20 To assist an authorised towing service provider to comply with
21 safety standards the CEO may, on request, advise the provider
22 as to whether or not an improvement notice has been issued in
23 relation to an authorised towing worker under Part 6 Division 6
24 within the period prescribed by the regulations.
25 73. Disclosure of authorisation status of towing worker
26 The CEO may disclose the authorisation status of a towing
27 worker on the Department's website, or to any member of the
28 public or any other person, in accordance with the regulations.
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Confidentiality and exchange of information Part 5
Exchange of information Division 3
s. 74
1 74. Use of and access to information disclosed or obtained under
2 this Part
3 For the purposes of the performance of the CEO's functions
4 under this Act, but not for any other purpose, the CEO may
5 have access to and make use of information disclosed to or
6 obtained by the CEO under this Part.
7 75. Use of photographs
8 The CEO is authorised, for the purpose of producing a towing
9 worker authorisation document or other identification document
10 for a person required under this Act but not for any other
11 purpose, to use any photograph that was provided by the
12 person --
13 (a) under the Road Traffic (Authorisation to Drive)
14 Act 2008 in connection with the grant of a driver's
15 licence or learner's permit to the person; and
16 (b) within 10 years before the grant of the authorisation to
17 the person.
18 Division 3 -- Exchange of information
19 76. Persons in relation to whom information may be exchanged
20 (1) Sections 77(3)(a) and 78(2)(b) and (c) apply in relation to a
21 person who --
22 (a) is a towing service provider or a towing worker in
23 relation to a regulated towing business; or
24 (b) is an employee or agent of a towing service provider in
25 relation to a regulated towing business; or
26 (c) is an applicant for a towing industry authorisation; or
27 (d) holds or has held a towing industry authorisation; or
28 (e) is an individual nominated as a responsible officer by an
29 applicant for a towing business authorisation or an
30 authorised towing service provider; or
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Division 3 Exchange of information
s. 77
1 (f) is a responsible officer of an authorised towing service
2 provider; or
3 (g) is a close associate of an applicant for, or the holder of, a
4 towing business authorisation.
5 77. Exchange of information between CEO and Commissioner
6 of Police
7 (1) The CEO must disclose the following information to the
8 Commissioner of Police --
9 (a) towing regulatory information;
10 (b) any other information prescribed by the regulations.
11 (2) Information disclosed under subsection (1) --
12 (a) may be used in the performance of the Commissioner of
13 Police's functions under a written law but not for any
14 other purpose; and
15 (b) may be disclosed by the Commissioner of Police to a
16 police officer for use in the performance of the functions
17 of that officer under this Act or any other written law
18 but not for any other purpose.
19 (3) The Commissioner of Police must disclose the following
20 information to the CEO --
21 (a) offence information about a person mentioned in
22 section 76;
23 (b) any other information prescribed by the regulations.
24 78. Exchange of information between CEO and road traffic
25 CEO
26 (1) The CEO must disclose the following information to the road
27 traffic CEO --
28 (a) towing regulatory information;
29 (b) any other information prescribed by the regulations.
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Exchange of information Division 3
s. 79
1 (2) The road traffic CEO must disclose the following information to
2 the CEO --
3 (a) vehicle licence information in relation to a tow truck
4 used, or proposed to be used, for the purposes of a
5 regulated towing business;
6 (b) driver's licence information about a person mentioned in
7 section 76;
8 (c) traffic infringement notice information about a person
9 mentioned in section 76;
10 (d) any other information prescribed by the regulations.
11 (3) Photographs and signatures provided in connection with the
12 grant of Australian driver licences must not be provided under
13 this section except for the purposes referred to in section 75.
14 79. Exchange of information between CEO and relevant
15 authority
16 (1) The CEO may disclose the following information to a relevant
17 authority if the CEO considers that the information is required
18 by the authority for the purposes of the performance of the
19 authority's functions --
20 (a) towing regulatory information;
21 (b) any other information prescribed by the regulations.
22 (2) The CEO may seek from a relevant authority any information
23 that the CEO considers is required for the purposes of the
24 performance of the CEO's functions under this Act.
25 80. Disclosure of information to body or person with whom
26 agreement is made
27 The CEO may disclose the following information to a body or
28 person with whom an agreement is made under section 157 if
29 the CEO considers that the information is required for the
30 performance of a function under the agreement --
31 (a) towing regulatory information;
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Division 3 Exchange of information
s. 81
1 (b) any information disclosed to the CEO under this
2 Division or by an interstate towing authority;
3 (c) any other information prescribed by the regulations.
4 81. Disclosure of information to law enforcement official
5 The CEO may disclose the following information to a law
6 enforcement official if the CEO considers that the information is
7 required by the official for the purposes of the performance of
8 the official's functions --
9 (a) towing regulatory information;
10 (b) any other information prescribed by the regulations.
11 82. Exchange of information between CEO and interstate
12 towing authority
13 (1) The CEO may disclose towing regulatory information to an
14 interstate towing authority if the CEO considers that the
15 information is required by the authority for the purposes of the
16 performance of its functions.
17 (2) If information disclosed under subsection (1) includes
18 information about an offence of which a person has been
19 convicted, or an alleged offence for which a person has been
20 given an infringement notice, the CEO must also disclose to the
21 interstate towing authority --
22 (a) any quashing or setting aside of the conviction; or
23 (b) any withdrawal of the infringement notice or the matter
24 coming before a court for determination; or
25 (c) any withdrawal of proceedings under the Fines,
26 Penalties and Infringement Notices Enforcement
27 Act 1994 Part 3 in relation to the infringement notice; or
28 (d) anything else known to the CEO concerning the offence
29 or alleged offence the disclosure of which is likely to be
30 favourable to that person.
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Exchange of information Division 3
s. 83
1 (3) The CEO may seek from an interstate towing authority any
2 information that the CEO considers is required for the purposes
3 of the performance of the CEO's functions under this Act.
4 83. Disclosures under this Part free of charge
5 Subject to section 71(4), a disclosure of information under this
6 Part must be free of charge.
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Towing Services Bill 2024
Part 6 Enforcement
Division 1 Preliminary
s. 84
1 Part 6 -- Enforcement
2 Division 1 -- Preliminary
3 84. Terms used
4 In this Part --
5 premises includes any structure, building, vessel or place
6 (whether built on or not) and any part of any such structure,
7 building, vessel or place;
8 record has the meaning given in the Criminal Investigation
9 Act 2006 section 3(1).
10 Division 2 -- Authorised officers
11 Subdivision 1 -- Designation
12 85. Authorised officers
13 (1) For the purposes of this Act, an authorised officer is --
14 (a) a police officer; or
15 (b) a person designated by the CEO under subsection (2).
16 (2) The CEO may designate as an authorised officer a person
17 employed in, or engaged for the purposes of, the Department.
18 (3) The CEO must ensure that each authorised officer designated
19 under subsection (2) is issued with an identity card in the
20 approved form.
21 (4) An authorised officer designated under subsection (2) must --
22 (a) carry the officer's identity card when performing
23 functions under this Act; and
24 (b) if it is practicable to do so -- produce the officer's
25 identity card before exercising a power under this Act.
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Enforcement Part 6
Authorised officers Division 2
s. 86
1 (5) In any proceedings, the production of an identity card is
2 evidence of the designation under subsection (2) of the
3 authorised officer to whom the card relates.
4 Subdivision 2 -- General powers
5 86. Purposes for which powers of authorised officers may be
6 exercised
7 An authorised officer may exercise the powers set out in this
8 Subdivision for 1 or more of the following purposes --
9 (a) to monitor compliance with this Act;
10 (b) to investigate a suspected contravention of this Act;
11 (c) to investigate whether there are grounds for suspending
12 or cancelling an authorisation granted under this Act.
13 87. Powers in relation to vehicles
14 (1) An authorised officer may do all or any of the following in
15 relation to a vehicle mentioned in subsection (2) --
16 (a) stop and detain the vehicle for as long as is reasonably
17 necessary for the exercise of any power of the
18 authorised officer under this Act;
19 (b) direct the driver of the vehicle, or a person engaging in
20 towing work using the vehicle, to produce for inspection
21 any of the following --
22 (i) the person's driver's licence;
23 (ii) the person's towing worker authorisation
24 document;
25 (iii) any additional identification document issued to
26 the person, or required to be held or displayed by
27 the person, in accordance with the regulations;
28 (c) direct any person to alight from, or not to enter, the
29 vehicle;
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Division 2 Authorised officers
s. 87
1 (d) direct the driver of the vehicle, a person engaging in
2 towing work using the vehicle, or any passenger, to --
3 (i) state the person's name, residential address and
4 date of birth; or
5 (ii) give any information that is required; or
6 (iii) answer a question put to the person; or
7 (iv) produce a record that is in the person's
8 possession or under the person's control;
9 (e) inspect the vehicle and any equipment in or on the
10 vehicle;
11 (f) make a still or moving image or recording of the vehicle
12 and any thing in or on the vehicle;
13 (g) operate any thing in or on the vehicle;
14 (h) make a copy of or take an extract from any document or
15 thing;
16 (i) seize a record and retain it for as long as is reasonably
17 necessary;
18 (j) direct the driver of the vehicle, or a person in possession
19 of the vehicle, to give the authorised officer any
20 assistance that the officer reasonably requires for the
21 purpose of exercising another power under this
22 subsection.
23 (2) The powers in subsection (1) may be exercised in relation to --
24 (a) a tow truck; or
25 (b) a vehicle that the authorised officer reasonably suspects
26 is being or has been used to travel to a place for the
27 purposes of obtaining, or attempting to obtain, an
28 authority to tow a vehicle for the purposes of a regulated
29 towing business.
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Enforcement Part 6
Authorised officers Division 2
s. 88
1 88. Directions to persons and related matters
2 (1) An authorised officer may do all or any of the following --
3 (a) direct a person mentioned in subsection (2) to --
4 (i) state the person's name, residential address and
5 date of birth; or
6 (ii) give any information that is required; or
7 (iii) answer a question put to the person;
8 (b) direct a person mentioned in subsection (2) to produce a
9 record that is in the person's possession or under the
10 person's control;
11 (c) make a copy of, take an extract from, download or print
12 out any record produced under paragraph (b);
13 (d) seize a record produced under paragraph (b) and retain it
14 for as long as is reasonably necessary.
15 (2) The powers in subsection (1)(a) and (b) may be exercised in
16 relation to any of the following --
17 (a) a person who holds or has held a towing business
18 authorisation or an agent of such a person;
19 (b) a person whom an authorised officer suspects on
20 reasonable grounds is or was a towing service provider
21 in relation to a regulated towing business or an agent of
22 such a person;
23 (c) a person who is or was a responsible officer of an
24 authorised towing service provider;
25 (d) a person who is or was an employee of an authorised
26 towing service provider;
27 (e) a person who holds or has held a towing worker
28 authorisation;
29 (f) a person whom an authorised officer suspects on
30 reasonable grounds has engaged in towing work for the
31 purposes of a regulated towing business.
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Part 6 Enforcement
Division 2 Authorised officers
s. 89
1 89. Entry of premises
2 (1) An authorised officer may, in accordance with this section, enter
3 premises occupied by a person mentioned in subsection (7) and
4 do all or any of the following at the premises --
5 (a) search the premises;
6 (b) inspect a vehicle parked at the premises;
7 (c) direct any person in charge of a vehicle, or any person in
8 a vehicle, parked on the premises to --
9 (i) give any information that is required; or
10 (ii) answer a question put to the person; or
11 (iii) state the person's name, residential address and
12 date of birth; or
13 (iv) produce a record that is in the person's
14 possession or under the person's control;
15 (d) make a still or moving image or recording of the
16 premises and any thing in or on the premises;
17 (e) operate a computer or other thing at the premises;
18 (f) make a copy of, take an extract from, download or print
19 out any record found at the premises or produced under
20 paragraph (c)(iv);
21 (g) seize a record found at the premises or produced under
22 paragraph (c)(iv) and retain it for as long as is
23 reasonably necessary;
24 (h) direct the occupier of the premises, or a person at the
25 premises, to give the authorised officer any assistance
26 that the officer reasonably requires for the purposes
27 referred to in section 86.
28 (2) The power to enter premises under subsection (1) may be
29 exercised --
30 (a) at any time under an entry warrant issued under
31 Division 3; or
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Enforcement Part 6
Authorised officers Division 2
s. 89
1 (b) at any time with the consent of the occupier of the
2 premises; or
3 (c) if a business is carried on at the premises -- at any time
4 during the usual business operating hours applicable at
5 the premises (whether or not the premises are actually
6 being used for that purpose), and without a warrant and
7 without the consent of the occupier of the premises or
8 any other person.
9 (3) An authorised officer must not exercise the power to enter
10 premises mentioned in subsection (2)(c) without a warrant or
11 the consent of the occupier unless the authorised officer
12 reasonably believes that the premises are attended.
13 (4) An authorised officer must not exercise the power to enter
14 premises mentioned in subsection (2)(c) without a warrant or
15 the consent of the occupier if the premises are, or any part of
16 premises is, used predominantly for residential purposes.
17 (5) The power to search premises under this section does not
18 include a power to search a person.
19 (6) An authorised officer who is a police officer may use reasonable
20 force in the exercise of powers under this section.
21 (7) The powers in subsection (1) may be exercised in relation to
22 premises occupied by any of the following --
23 (a) a person who holds or has held a towing business
24 authorisation or an agent of such a person;
25 (b) a person whom an authorised officer suspects on
26 reasonable grounds is or was a towing service provider
27 in relation to a regulated towing business or an agent of
28 such a person;
29 (c) a person who is or was a responsible officer of an
30 authorised towing service provider;
31 (d) a person who is or was an employee of an authorised
32 towing service provider;
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Division 2 Authorised officers
s. 90
1 (e) a person who holds or has held a towing worker
2 authorisation;
3 (f) a person whom an authorised officer suspects on
4 reasonable grounds has engaged in towing work for the
5 purposes of a regulated towing business.
6 90. Requirement to comply with directions
7 If a person is directed under section 87, 88 or 89 to give any
8 information, answer any question or produce any record --
9 (a) the person cannot refuse to comply with the direction on
10 the ground that the information, answer or record may
11 tend to incriminate the person or render the person liable
12 to any penalty; but
13 (b) if the person is an individual -- the information or
14 answer given, or record produced, by the person is not
15 admissible in evidence against the person in any
16 criminal proceedings other than proceedings for perjury
17 or for providing false or misleading information under
18 section 160.
19 91. Assistance to exercise powers
20 (1) An authorised officer may authorise as many other persons to
21 assist in the exercise of the authorised officer's powers under
22 this Subdivision as are reasonably necessary in the
23 circumstances.
24 (2) A person authorised under subsection (1) may exercise the
25 power or assist the authorised officer to exercise the power, as
26 the case requires.
27 (3) Whether requested to do so or not, a person may assist another
28 person to exercise a power under this Subdivision if the person
29 reasonably suspects that the other person --
30 (a) is lawfully entitled to exercise the power; and
31 (b) needs assistance for the purpose of doing so.
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Enforcement Part 6
Authorised officers Division 2
s. 92
1 (4) A person who under this section is authorised by another person
2 to exercise a power, or is assisting another person to exercise a
3 power, must comply with any lawful and reasonable directions
4 of the other person when exercising or assisting to exercise the
5 power.
6 (5) If a person, acting under this section, exercises a power under
7 this Subdivision having been authorised by another person to do
8 so, or assists another person to exercise a power under this
9 Subdivision, any enactment that protects the person or the State
10 from liability for the person's acts or omissions is taken to
11 operate as if those acts or omissions included the person's acts
12 or omissions when acting under this section.
13 92. Duty to identify driver or person in charge of vehicle
14 (1) In this section --
15 responsible person, in relation to a vehicle --
16 (a) means a person who is a person responsible for the
17 vehicle under the Road Traffic (Administration)
18 Act 2008 section 6; and
19 (b) includes a person to whom possession or control of the
20 vehicle is entrusted at the time of the alleged offence
21 referred to in subsection (2)(a) or (3)(a) (as the case
22 requires);
23 relevant offence means an offence under this Act involving --
24 (a) the operation of a tow truck; or
25 (b) obtaining, or attempting to obtain, an authority to tow a
26 vehicle for the purposes of a regulated towing business.
27 (2) A responsible person for a vehicle commits an offence if --
28 (a) a relevant offence is alleged to have been committed;
29 and
30 (b) it is alleged that the vehicle was used by a person in
31 connection with the commission of the alleged offence;
32 and
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Part 6 Enforcement
Division 2 Authorised officers
s. 92
1 (c) an authorised officer requests the responsible person to
2 give information that may lead to the identification of
3 the driver or person in charge of the vehicle at the time
4 of the alleged offence; and
5 (d) the responsible person has, or could reasonably have
6 ascertained, the information; and
7 (e) the responsible person, without lawful excuse, fails to
8 give the information.
9 Penalty for this subsection:
10 (a) for an individual --
11 (i) for a first offence, a fine of $5 000;
12 (ii) for a subsequent offence, a fine of $10 000;
13 (b) for a body corporate, a fine of $25 000.
14 (3) A responsible person for a vehicle commits an offence if --
15 (a) a relevant offence is alleged to have been committed;
16 and
17 (b) it is alleged that the vehicle was used in connection with
18 the commission of the alleged offence; and
19 (c) an authorised officer requests the responsible person to
20 give information that may lead to the identification of
21 the driver or person in charge of the vehicle at the time
22 of the alleged offence; and
23 (d) the responsible person gives information that the person
24 knows to be false or misleading in a material particular
25 in response to the request.
26 Penalty for this subsection:
27 (a) for an individual --
28 (i) for a first offence, a fine of $5 000;
29 (ii) for a subsequent offence, a fine of $10 000;
30 (b) for a body corporate, a fine of $25 000.
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Enforcement Part 6
Authorised officers Division 2
s. 93
1 (4) If a person is charged with an offence under subsection (2), the
2 person may be convicted of an offence under section 93(2).
3 93. Duty to take reasonable measures to be able to comply with
4 identity request
5 (1) In this section --
6 identity request means a request made under this Subdivision
7 for information as to the identity of the person who was driving
8 or in charge of a vehicle at any particular time;
9 responsible person, for a vehicle, means a person who is a
10 person responsible for the vehicle under the Road Traffic
11 (Administration) Act 2008 section 6.
12 (2) A responsible person for a vehicle commits an offence if the
13 responsible person fails to take reasonable measures, or make
14 reasonable arrangements, to ensure that if an identity request is
15 made in relation to the vehicle, the responsible person will be
16 able to comply with it.
17 Penalty for this subsection:
18 (a) for an individual --
19 (i) for a first offence, a fine of $5 000;
20 (ii) for a subsequent offence, a fine of $10 000;
21 (b) for a body corporate, a fine of $25 000.
22 94. Offences
23 (1) A person must comply with a direction of an authorised officer
24 given under this Part.
25 Penalty for this subsection:
26 (a) for an individual, a fine of $5 000;
27 (b) for a body corporate, a fine of $25 000.
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Division 3 Entry warrants
s. 95
1 (2) A person must not hinder or obstruct an authorised officer in the
2 performance of a function under this Part.
3 Penalty for this subsection:
4 (a) for an individual, a fine of $9 000;
5 (b) for a body corporate, a fine of $45 000.
6 Division 3 -- Entry warrants
7 95. Terms used
8 (1) In this Division --
9 making an application includes giving information in support
10 of the application;
11 official details means --
12 (a) in relation to a police officer -- the officer's surname,
13 rank and registered number; or
14 (b) in relation to a person designated by the CEO under
15 section 85(2) -- the person's full name and official title;
16 remote communication means any way of communicating at a
17 distance, including by telephone, fax, email, radio and other
18 electronic means.
19 96. Applications for entry warrant
20 (1) An authorised officer may apply to a magistrate for an entry
21 warrant authorising the entry of premises for the purposes
22 referred to in section 86.
23 (2) The application must be made in accordance with this Division
24 and must include information prescribed by the regulations (if
25 any).
26 97. Applications to be in person unless urgent
27 (1) An application must be made in person before a magistrate
28 unless --
29 (a) the warrant is needed urgently; and
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Entry warrants Division 3
s. 98
1 (b) the applicant reasonably suspects that a magistrate is not
2 available within a reasonable distance of the applicant or
3 is not available in person within a reasonable time.
4 (2) If subsection (1)(a) and (b) apply --
5 (a) the application may be made to a magistrate by remote
6 communication; and
7 (b) the magistrate must not grant the application unless
8 satisfied about the matters in subsection (1)(a) and (b).
9 98. Applications to be in writing unless made remotely
10 (1) An application must be made in writing unless --
11 (a) the application is made by remote communication; and
12 (b) it is not practicable to send the magistrate written
13 material.
14 (2) If subsection (1)(a) and (b) apply --
15 (a) the application may be made orally; and
16 (b) the magistrate must make a written record of the
17 application and any information given in support of it.
18 99. Applications to be on oath unless made remotely
19 (1) An application must be made on oath unless --
20 (a) the application is made by remote communication; and
21 (b) it is not practicable for the magistrate to administer an
22 oath to the applicant.
23 (2) If subsection (1)(a) and (b) apply --
24 (a) the application may be made in an unsworn form; and
25 (b) if the magistrate issues an entry warrant, the applicant
26 must as soon as practicable send the magistrate an
27 affidavit verifying the application and any information
28 given in support of it.
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Division 3 Entry warrants
s. 100
1 100. Form of entry warrants made remotely
2 (1) If, on an application made by remote communication, a
3 magistrate issues an entry warrant, the magistrate must, if
4 practicable, send a copy of the original warrant to the applicant
5 by remote communication, but otherwise --
6 (a) the magistrate must send to the applicant by remote
7 communication any information that must be set out in
8 the warrant; and
9 (b) the applicant must complete a form of warrant with the
10 information received and give the magistrate a copy of
11 the form as soon as practicable after doing so; and
12 (c) the magistrate must attach a copy of the form to the
13 original warrant and any affidavit received from the
14 applicant and make them available for collection by the
15 applicant.
16 (2) The copy of the original warrant sent, or the form of the warrant
17 completed, as the case may be, under subsection (1) has the
18 same force and effect as the original warrant.
19 101. Evidence obtained inadmissible if failure to comply with
20 section 99(2)(b) or 100(1)(b)
21 If an applicant fails to comply with section 99(2)(b)
22 or 100(1)(b), any evidence obtained under the entry warrant is
23 not admissible in proceedings in a court or in the State
24 Administrative Tribunal.
25 102. Issue and content of entry warrants
26 (1) In relation to an application under section 96, a magistrate may
27 issue an entry warrant if satisfied that it is necessary for the
28 authorised officer to enter premises for purposes referred to in
29 section 86.
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Entry warrants Division 3
s. 103
1 (2) An entry warrant must contain the following information --
2 (a) the applicant's official details;
3 (b) a reasonably particular description of the premises to
4 which it relates;
5 (c) a reasonably particular description of the purposes for
6 which entry is required;
7 (d) if a contravention of this Act is suspected -- the
8 provision concerned;
9 (e) the period during which it may be executed, which must
10 not be longer than 30 days;
11 (f) the name of the magistrate who issued it;
12 (g) the date and time when it was issued.
13 (3) An entry warrant must be in the form prescribed by the
14 regulations.
15 (4) If a magistrate refuses to issue an entry warrant, the magistrate
16 must record on the application the fact of, the date and time of,
17 and the reasons for, the refusal.
18 103. Effect of entry warrants
19 (1) An entry warrant has effect according to its content and this
20 section.
21 (2) An entry warrant comes into force when it is issued by a
22 magistrate.
23 (3) An entry warrant may be executed by any authorised officer.
page 79
Towing Services Bill 2024
Part 6 Enforcement
Division 4 Obtaining business records
s. 104
1 Division 4 -- Obtaining business records
2 104. Terms used
3 In this Division --
4 business record means a record prepared or used in the ordinary
5 course of a business for the purpose of recording any matter
6 related to the business;
7 order to produce means an order issued under section 107.
8 105. Application of this Division
9 (1) An order to produce must not be issued under this Division to a
10 person in relation to a business record that relates or may relate
11 to an offence that the person is suspected of having committed.
12 (2) This Division does not prevent an authorised officer from
13 applying for an entry warrant in relation to a business record,
14 whether before or after the issue of an order to produce.
15 106. Application for orders to produce
16 (1) An authorised officer may apply for an order to produce a
17 business record for the following purposes --
18 (a) to investigate a suspected contravention of this Act;
19 (b) to investigate suspected grounds for suspending or
20 cancelling an authorisation granted under this Act.
21 (2) An application for an order to produce must be made to a JP in
22 accordance with Division 3, which applies for that purpose --
23 (a) as if a reference in that Division to a magistrate were a
24 reference to a JP; and
25 (b) with any other necessary changes.
26 (3) An application for an order to produce a business record
27 must --
28 (a) state the applicant's official details; and
29 (b) state the purpose for which the order is required; and
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Obtaining business records Division 4
s. 107
1 (c) set out the information prescribed by the regulations (if
2 any); and
3 (d) state the name of the person to whom the order will
4 apply; and
5 (e) state that the person is not suspected of having
6 committed an offence; and
7 (f) describe with reasonable particularity the business
8 record or class of business record that the applicant
9 wants the person to produce; and
10 (g) state the reason the applicant reasonably believes the
11 business record or class of business record is relevant to
12 the investigation; and
13 (h) state whether the original or a copy of the business
14 record or class of business record is required.
15 107. Issue of orders to produce
16 (1) On an application made under section 106(1), a JP may issue an
17 order to produce a business record if satisfied that, in relation to
18 each of the matters in section 106(1) that the applicant suspects,
19 there are reasonable grounds for the applicant to have that
20 suspicion.
21 (2) An order to produce must contain the following information --
22 (a) the applicant's official details;
23 (b) the name of the person to whom the order applies;
24 (c) a reasonably particular description of the business
25 record or class of business record to be produced by the
26 person;
27 (d) an order that the person produce the record or records;
28 (e) whether the original or a copy of the record or records is
29 required;
30 (f) whether a paper, electronic or other version of the record
31 or records is required;
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Division 4 Obtaining business records
s. 108
1 (g) the place where the record or records are to be produced;
2 (h) the date on or before which the order must be obeyed,
3 which must allow a reasonable period for the person to
4 obey the order;
5 (i) the name of the JP who issued the order;
6 (j) the date and time when the order was issued.
7 (3) An order to produce must be in the form prescribed by the
8 regulations.
9 (4) If a JP refuses to issue an order to produce, the JP must record
10 on the application the fact of, the date and time of, and the
11 reasons for, the refusal.
12 108. Service of orders to produce
13 (1) An order to produce must be served on the person to whom it
14 applies as soon as practicable after it is issued.
15 (2) An order to produce may be served by personal service or by
16 post or, with the consent of the person to be served, by email or
17 fax or in some other way agreed with the person.
18 109. Effect of orders to produce
19 (1) An order to produce has effect according to its content.
20 (2) A person who is served with an order to produce and who,
21 without reasonable excuse, does not obey it commits an offence.
22 Penalty for this subsection:
23 (a) for an individual, a fine of $5 000;
24 (b) for a body corporate, a fine of $25 000.
25 110. Powers in relation to order to produce
26 (1) An authorised officer to whom a business record is produced
27 under an order to produce may retain it for a reasonable time to
28 determine its evidentiary value.
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Enforcement Part 6
Seizing things and related matters Division 5
s. 111
1 (2) An authorised officer to whom a business record is produced
2 may, if necessary to preserve the evidentiary value of the record
3 or to subject it to forensic analysis --
4 (a) seize the record; and
5 (b) whether or not the record is seized, make a forensic
6 analysis of it; and
7 (c) make and retain a copy of it.
8 (3) A person who produces a business record in compliance with an
9 order to produce is not liable to any action or remedy by any
10 person at common law for producing that record.
11 Division 5 -- Seizing things and related matters
12 Subdivision 1 -- Seizing of things
13 111. Application
14 This Subdivision applies to and in relation to the seizing under
15 this Part of a thing.
16 112. Grounds for seizing things
17 If this Part provides that an authorised officer may seize a thing,
18 the authorised officer may do so only if the authorised officer
19 reasonably suspects that it is necessary to seize the thing for 1 or
20 more of the following purposes --
21 (a) to prevent it from being concealed, disturbed or lost;
22 (b) to preserve its evidentiary value;
23 (c) to subject it to forensic analysis;
24 (d) to prevent it from being used in the commission of an
25 offence.
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Part 6 Enforcement
Division 5 Seizing things and related matters
s. 113
1 113. Records relevant to offence
2 (1) If a record may be seized, the authorised officer authorised to
3 seize it may, if practicable, reproduce the record, whether or not
4 in the same form, and instead seize the reproduction.
5 Example for this subsection:
6 A record on a computer could be reproduced by printing it out on paper
7 or copying it to a data storage device and the paper or data storage
8 device could then be seized.
9 (2) If a record is seized, the authorised officer authorised to seize it
10 may copy or take extracts from the record.
11 (3) Subsection (4) applies if a record is seized and a person who
12 appears entitled to possession of the record, and who does not
13 already have a copy of the record, requests a copy of it.
14 (4) The authorised officer must --
15 (a) if it is reasonably practicable to do so, give a copy of the
16 record to the person as soon as practicable after it is
17 seized; or
18 (b) unless the authorised officer reasonably suspects that
19 doing so will jeopardise the evidentiary value of the
20 record, allow the person to inspect the record and to
21 make and keep a copy of it.
22 114. Seizing of devices and equipment
23 If a record may be seized, an authorised officer may also,
24 subject to section 112, seize any device or equipment in the
25 possession of the person from whom the record may be seized
26 that is reasonably suspected to be needed to gain access to,
27 recover or reproduce the information in the record.
page 84
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Enforcement Part 6
Seizing things and related matters Division 5
s. 115
1 115. Powers to facilitate seizing of records
2 (1) An authorised officer may exercise a power under this section
3 for the purpose of seizing a record or exercising a power in
4 section 113(1) or (2).
5 (2) An authorised officer may operate any device or equipment,
6 whether seized under section 114 or not, that is --
7 (a) needed to gain access to, recover or make a reproduction
8 of the record; and
9 (b) possessed by the person from whom the record may be
10 seized.
11 (3) Subsection (4) applies if an authorised officer reasonably
12 suspects that the person from whom the record may be seized,
13 or an employee or agent of that person, knows how to gain
14 access to or operate the device or equipment referred to in
15 subsection (2).
16 (4) The authorised officer may direct a person referred to in
17 subsection (3) to provide any information or assistance that is
18 reasonable and necessary to enable the authorised officer to
19 seize the record or exercise the power.
20 116. List of seized things to be supplied on request
21 (1) If an authorised officer seizes any thing, the following persons
22 may ask the authorised officer for a list of what was seized --
23 (a) the person who had custody or control of the thing
24 before it was seized;
25 (b) the occupier of the premises where it was seized.
26 (2) The authorised officer must comply with the request within a
27 reasonable time after it is made.
28 (3) If it is not reasonably practicable to list all the things seized
29 because they are too numerous, the list may give a general
30 description of the things that contains as much detail as is
31 reasonably practicable.
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Division 5 Seizing things and related matters
s. 117
1 (4) This section does not apply in relation to a record if under
2 section 113 a copy of the record was seized or given to the
3 person making the request.
4 Subdivision 2 -- Procedure on seizure of privileged material
5 117. Terms used
6 In this Subdivision --
7 court means the Magistrates Court;
8 privileged means privileged because of 1 or both of the
9 following --
10 (a) legal professional privilege;
11 (b) public interest privilege.
12 118. Seizure or production of privileged material
13 A record that is seized under this Part or that is produced under
14 an order to produce a business record issued under
15 section 107(1) must be dealt with in accordance with this
16 Subdivision if --
17 (a) a person entitled to possession of the record claims that
18 all or some of the information in it is privileged; or
19 (b) the authorised officer seizing the record or to whom it is
20 produced reasonably suspects that all or some of the
21 information in it is privileged.
22 119. Records must be secured
23 The record must be secured in a manner that --
24 (a) prevents it from being concealed, disturbed or lost; and
25 (b) preserves its evidentiary value; and
26 (c) prevents access to the information in it by any person
27 who would not be entitled to access to the information if
28 it were privileged.
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Enforcement Part 6
Seizing things and related matters Division 5
s. 120
1 120. Applications to court
2 (1) The authorised officer in charge of the investigation must apply
3 to the court to decide whether the information is privileged and
4 must deliver the record into the custody of the court.
5 (2) The application must be made in accordance with rules of court
6 and must be served on the person entitled to possession of the
7 record or, if the identity or whereabouts of the person is
8 unknown, on any person directed by the court to be served.
9 (3) The application may, if the court thinks fit, be heard in private.
10 (4) The applicant and any person entitled to possession of the
11 record are entitled to be heard on the application.
12 121. Decisions of court
13 (1) For the purpose of deciding the application the court may have
14 access to all of the information in the record.
15 (2) If the court decides that all of the information in the record is
16 not privileged, the court must make the record available to be
17 collected by the applicant.
18 (3) If the court decides that all of the information in the record is
19 privileged, the court must make the record available to be
20 collected by the person from whom it was seized.
21 (4) If the court decides that some of the information in the record is
22 privileged, the court must make orders to enable the applicant to
23 have access to the information in the record that is not
24 privileged.
25 122. Forensic examinations on records
26 (1) This section applies if --
27 (a) the court decides under section 121 that all or some of
28 the information in a record is privileged; and
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Division 5 Seizing things and related matters
s. 123
1 (b) the applicant has applied to the court to be permitted to
2 do a forensic examination on the record.
3 (2) The court must make orders that enable the forensic
4 examination to be done on the record and to ensure that any
5 information in it that is privileged remains privileged.
6 123. Ancillary orders
7 After making a decision under section 121, the court may make
8 any orders it thinks fit --
9 (a) as to costs; and
10 (b) as to securing the record or suspending the operation of
11 any orders made under this section until an appeal
12 against the determination is commenced and dealt with.
13 124. Proceedings part of criminal jurisdiction
14 Proceedings under this Subdivision are part of the court's
15 criminal jurisdiction.
16 125. Appeals
17 Subject to the Criminal Appeals Act 2004 Part 2, an appeal lies
18 against a decision made by the court under this Subdivision.
19 Subdivision 3 -- Return or disposal of seized things
20 126. Return or disposal of seized things
21 (1) The CEO may authorise the return of any thing seized under this
22 Part to --
23 (a) the owner or other person entitled to possession of the
24 thing; or
25 (b) the person from whom the thing was seized.
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Enforcement Part 6
Improvement notices Division 6
s. 127
1 (2) The CEO may dispose of any thing seized under this Part if --
2 (a) the CEO has taken reasonable steps to return the thing to
3 a person; and
4 (b) any of the following applies --
5 (i) the CEO has been unable to locate the person,
6 despite making reasonable efforts;
7 (ii) the person has refused to take possession of the
8 thing;
9 (iii) the CEO has contacted the person about the
10 return of the thing and the person has not refused
11 to take possession of the thing but has not taken
12 possession of the thing within 1 month after the
13 contact.
14 (3) The CEO may dispose of the thing in any manner the CEO
15 thinks appropriate.
16 Division 6 -- Improvement notices
17 127. Issue of improvement notices
18 (1) This section applies if an authorised officer reasonably believes
19 that a person --
20 (a) is contravening a provision of this Act; or
21 (b) has contravened a provision of this Act in circumstances
22 that make it likely that the contravention will be
23 continued or repeated.
24 (2) The authorised officer may, by written notice given to the
25 person, issue an improvement notice requiring the person to --
26 (a) remedy the contravention; or
27 (b) prevent a likely contravention from occurring; or
28 (c) remedy the things or operations causing the
29 contravention or likely contravention.
page 89
Towing Services Bill 2024
Part 6 Enforcement
Division 6 Improvement notices
s. 128
1 128. Contents of improvement notices
2 (1) An improvement notice must state --
3 (a) that the authorised officer believes that the person --
4 (i) is contravening a provision of this Act; or
5 (ii) has contravened a provision of this Act in
6 circumstances that make it likely that the
7 contravention will be continued or repeated;
8 and
9 (b) the provision of this Act that the authorised officer
10 believes is being or has been contravened; and
11 (c) briefly, how the provision of this Act is being or has
12 been contravened; and
13 (d) the period within which the person must comply with
14 the requirements of the notice.
15 (2) An improvement notice must state that the person has a right to
16 a review under Part 7.
17 (3) An improvement notice may include directions concerning the
18 measures to be taken to remedy the contravention or prevent the
19 likely contravention or the matters or activities causing the
20 contravention or the likely contravention to which the notice
21 relates.
22 (4) An improvement notice may include directions prohibiting or
23 restricting a person from engaging in towing work for the
24 purposes of a regulated towing business, or causing or
25 permitting another person to engage in such work, until the
26 measures required to remedy the contravention or prevent the
27 likely contravention have been taken.
28 (5) The measures referred to in subsection (3) may include a
29 requirement that the measures be taken to the satisfaction of an
30 authorised officer.
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Towing Services Bill 2024
Enforcement Part 6
Improvement notices Division 6
s. 129
1 (6) The day stated for compliance with the improvement notice
2 must be reasonable in all the circumstances.
3 129. Compliance with improvement notice
4 (1) The person to whom an improvement notice is issued must
5 comply with the notice within the period stated in the notice or
6 that time as extended under section 130.
7 Penalty for this subsection:
8 (a) for an individual, a fine of $5 000;
9 (b) for a body corporate, a fine of $25 000.
10 (2) A person must not engage in towing work for the purposes of a
11 regulated towing business, or cause or permit another person to
12 engage in such work, if doing so is prohibited under an
13 improvement notice.
14 Penalty for this subsection:
15 (a) for an individual, a fine of $12 000;
16 (b) for a body corporate, a fine of $60 000.
17 130. Extension of time for compliance, amendment and
18 revocation
19 (1) In this section --
20 compliance period --
21 (a) means the period stated in an improvement notice within
22 which a person must comply with the requirements of
23 the notice; and
24 (b) includes that period as extended by this section.
25 (2) This section applies if a person has been issued with an
26 improvement notice.
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Division 6 Improvement notices
s. 131
1 (3) An authorised officer may, by written notice given to the
2 person --
3 (a) extend the compliance period for the improvement
4 notice; or
5 (b) otherwise amend the improvement notice; or
6 (c) revoke the improvement notice.
7 (4) Despite subsection (3)(a), the authorised officer may extend the
8 compliance period only if the period has not ended.
9 131. Affixing sticker to tow truck
10 (1) This section applies if an improvement notice is issued in
11 relation to a contravention of a safety standard involving a tow
12 truck, including a notice that includes directions referred to in
13 section 128(3).
14 (2) An authorised officer may affix, in a conspicuous place on the
15 tow truck, a sticker in the approved form indicating that an
16 improvement notice has been issued in relation to a
17 contravention of a safety standard involving the tow truck.
18 (3) A person must not remove, or cause to be removed, a sticker
19 affixed on a tow truck under subsection (2) unless an authorised
20 officer has given the person a written notice stating that the
21 authorised officer is satisfied the person has complied with the
22 improvement notice.
23 Penalty for this subsection:
24 (a) for an individual, a fine of $5 000;
25 (b) for a body corporate, a fine of $25 000.
26 (4) Subsection (3) does not apply to a person who is repairing the
27 tow truck if --
28 (a) it is reasonably necessary to remove the sticker to rectify
29 a contravention specified in the improvement notice;
30 and
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Enforcement Part 6
Offences Division 7
s. 132
1 (b) the person re-affixes the undamaged sticker to the tow
2 truck when the contravention has been rectified; and
3 (c) the tow truck is not used to engage in towing work for
4 the purposes of a regulated towing business until the
5 undamaged sticker has been re-affixed.
6 Division 7 -- Offences
7 132. Liability of officers for offence by body corporate
8 The Criminal Code section 39 (which provides for the criminal
9 liability of officers of a body corporate) applies to an offence
10 under a provision of this Act listed in the Table.
11 Table
s. 13 s. 14
s. 42(1) s. 44
s. 92(2) and (3) s. 93(2)
s. 109(2) s. 129(1) and (2)
s. 160
12 133. When prosecution can be commenced
13 (1) A prosecution of a person for an offence under this Act, other
14 than an offence prescribed by the regulations as an offence to
15 which subsection (2) applies, must be commenced within
16 2 years after the date on which the offence was allegedly
17 committed.
18 (2) A prosecution of a person for an offence prescribed by the
19 regulations for the purposes of this subsection must be
20 commenced within 12 months after the date on which the
21 offence was allegedly committed.
page 93
Towing Services Bill 2024
Part 6 Enforcement
Division 8 Evidentiary provisions
s. 134
1 Division 8 -- Evidentiary provisions
2 134. Evidentiary certificates: records and authorisation
3 (1) A certificate may be issued under this section for any of the
4 following purposes --
5 (a) a prosecution for an offence under any written law;
6 (b) any legal proceedings under this Act;
7 (c) verification of the accuracy of information provided to
8 an interstate towing authority under Part 5.
9 (2) The CEO may issue a certificate stating that a fact specified in
10 the certificate appears in or is derived from a record kept by the
11 CEO under this Act.
12 (3) The CEO may issue a certificate stating any of the following --
13 (a) that on a specified date or during a specified period a
14 person was or was not --
15 (i) an authorised towing service provider; or
16 (ii) an authorised towing worker;
17 (b) that on a specified date a specified towing industry
18 authorisation was or was not granted, renewed, varied,
19 suspended or cancelled.
20 (4) A certificate purporting to be issued under this section is
21 evidence and, in the absence of evidence to the contrary, proof
22 of any fact stated in the certificate.
23 135. Evidentiary certificates: specific matters
24 (1) A certificate may be issued under this section for the following
25 purposes --
26 (a) any legal proceedings under this Act;
27 (b) verification of the accuracy of information provided to
28 an interstate towing authority under Part 5.
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Evidentiary provisions Division 8
s. 136
1 (2) The CEO or a person authorised by the CEO may issue a
2 certificate stating --
3 (a) that on a specified date or during a specified period, a
4 specified towing industry authorisation was subject to
5 specified conditions; or
6 (b) that on a specified date a person was disqualified from
7 holding or obtaining a towing industry authorisation for
8 a specified period; or
9 (c) that a specified exemption granted under this Act did or
10 did not apply to a specified person at a specified time; or
11 (d) that a specified person had or had not notified the CEO
12 of a change of address; or
13 (e) that a specified document was or was not given to the
14 CEO, or a specified fee was or was not paid, by a
15 specified person.
16 (3) A certificate purporting to be issued under this section is
17 evidence and, in the absence of evidence to the contrary, proof
18 of any fact stated in the certificate.
19 136. Proof of certain matters not required in legal proceedings
20 In the absence of evidence to the contrary, proof is not required,
21 in any proceedings for an offence under this Act, that the person
22 by whom the prosecution was commenced was authorised to
23 commence the prosecution.
24 137. Proof of appointments and signatures unnecessary
25 (1) In this section --
26 office holder means --
27 (a) the CEO; or
28 (b) an authorised officer.
29 (2) For the purposes of this Act, it is not necessary to prove the
30 appointment or authorisation of an office holder.
page 95
Towing Services Bill 2024
Part 6 Enforcement
Division 9 Infringement notices and Criminal Procedure Act 2004
s. 138
1 (3) For the purposes of this Act, a signature purporting to be the
2 signature of an office holder is evidence of the signature it
3 purports to be.
4 Division 9 -- Infringement notices and Criminal Procedure
5 Act 2004
6 138. Infringement notices and Criminal Procedure Act 2004
7 (1) In this section --
8 authorised infringement notice officer means an authorised
9 officer as defined in the Criminal Procedure Act 2004 section 4.
10 (2) If this Act is a prescribed Act for the purposes of the Criminal
11 Procedure Act 2004 Part 2, this section applies in relation to the
12 service of an infringement notice under that Part by an
13 authorised infringement notice officer in relation to an alleged
14 offence under this Act.
15 (3) The infringement notice must be served within --
16 (a) 21 days after the day on which the authorised
17 infringement notice officer forms the opinion that there
18 is sufficient evidence to support the allegation of the
19 offence; and
20 (b) 6 months after the day on which the alleged offence is
21 believed to have been committed.
22 (4) The Criminal Procedure Act 2004 sections 11 to 13 do not
23 apply to an alleged offence under this Act.
24 (5) The payment of the whole or part of a modified penalty under
25 an infringement notice for an alleged offence under this Act
26 may be taken into account by the CEO as if it were a conviction
27 of the offence in determining whether a person is a fit and
28 proper person --
29 (a) to conduct a regulated towing business; or
30 (b) to represent a towing service provider in the conduct of
31 a regulated towing business; or
page 96
Towing Services Bill 2024
Enforcement Part 6
Infringement notices and Criminal Procedure Act 2004 Division 9
s. 138
1 (c) to engage in towing work for the purposes of a regulated
2 towing business.
3 (6) The Criminal Procedure Act 2004 Part 2 is modified to the
4 extent necessary to give effect to this section.
page 97
Towing Services Bill 2024
Part 7 Review of decisions
s. 139
1 Part 7 -- Review of decisions
2 139. Term used: reviewable decision
3 In this Part --
4 reviewable decision means a decision --
5 (a) to refuse to grant a towing business authorisation under
6 section 19(1)(b) (otherwise than because the applicant
7 has not paid a fee referred to in section 19(2)(f) or (g) or
8 on the ground set out in section 19(5)); or
9 (b) to refuse to grant a towing worker authorisation under
10 section 47(1)(b) (otherwise than because the applicant
11 has not paid a fee referred to in section 47(2)(e) or (f));
12 or
13 (c) to impose conditions on an authorisation under
14 section 22(a) or 49(1)(a); or
15 (d) to refuse to grant an application under section 23 or 50
16 for the variation of conditions of an authorisation; or
17 (e) to vary the conditions of an authorisation under
18 section 24 or 51 on the CEO's own initiative; or
19 (f) to make a suspension order under --
20 (i) section 29(1)(a), (b), (c), (d), (e) or (f); or
21 (ii) section 34(4); or
22 (iii) section 55(1)(a), (b), (c), (d) or (e); or
23 (iv) section 56(b); or
24 (v) section 58(4);
25 or
26 (g) to make a cancellation order under --
27 (i) section 29(1)(a), (b), (c), (d), (e) or (f); or
28 (ii) section 55(1)(a), (b), (c), (d) or (e);
29 or
page 98
Towing Services Bill 2024
Review of decisions Part 7
s. 140
1 (h) to issue an improvement notice under section 127; or
2 (i) that is prescribed by the regulations.
3 140. Reconsideration of reviewable decisions
4 (1) A person aggrieved by a reviewable decision may request the
5 decision-maker in writing to reconsider the decision.
6 (2) A request under subsection (1) must be made within --
7 (a) 28 days after the day on which the decision-maker gives
8 the person notice under this Act of the reviewable
9 decision; or
10 (b) a longer period that is allowed by the decision-maker.
11 (3) A request under subsection (1) must state the decision that the
12 aggrieved person wants the decision-maker to make after
13 reconsideration of the reviewable decision and outline why the
14 decision-maker should make that decision.
15 (4) Within 28 days after the request is given, the decision-maker
16 must reconsider the reviewable decision and --
17 (a) confirm the decision; or
18 (b) amend the decision; or
19 (c) set aside the decision and make a new decision.
20 (5) Within 14 days after the day on which the reviewable decision
21 is reconsidered, the decision-maker must, in writing, inform the
22 person who made the request --
23 (a) of the result of the reconsideration; and
24 (b) if the decision-maker does not make the decision sought
25 by the person --
26 (i) of the reasons for the decision made on
27 reconsidering the reviewable decision; and
28 (ii) that the person may apply to the State
29 Administrative Tribunal for a review of the
30 decision.
page 99
Towing Services Bill 2024
Part 7 Review of decisions
s. 141
1 141. Application to State Administrative Tribunal for review
2 A person aggrieved by a reviewable decision, or the decision
3 made by the decision-maker under section 140(4) on
4 reconsidering a reviewable decision, may apply to the State
5 Administrative Tribunal for a review of the decision by which
6 the person is aggrieved.
page 100
Towing Services Bill 2024
Regulations Part 8
General Division 1
s. 142
1 Part 8 -- Regulations
2 Division 1 -- General
3 142. Regulations
4 (1) The Governor may make regulations prescribing matters --
5 (a) required or permitted by this Act to be prescribed; or
6 (b) necessary or convenient to be prescribed for giving
7 effect to this Act.
8 (2) Without limiting subsection (1), regulations may be made in
9 relation to the following --
10 (a) the matters set out in this Part;
11 (b) forms for the purposes of this Act;
12 (c) fees and charges payable in relation to any matter under
13 this Act, including the following --
14 (i) applications;
15 (ii) the grant of authorisations (including by way of
16 renewal);
17 (iii) the variation of authorisations or conditions of
18 authorisations;
19 (iv) the issue or replacement of authorisation
20 documents and any other documents issued
21 under this Act;
22 (d) providing that a contravention of a regulation is an
23 offence and providing for a penalty not exceeding a fine
24 of $12 000 for an individual and $60 000 for a body
25 corporate.
page 101
Towing Services Bill 2024
Part 8 Regulations
Division 1 General
s. 143
1 143. Regulations may refer to published documents
2 (1) In this section --
3 code means a code, standard, rule, specification or other
4 document, published in or outside Australia, that does not by
5 itself have legislative effect in this State;
6 subsidiary legislation includes rules, regulations, instructions,
7 local laws and by-laws.
8 (2) Regulations may adopt, either wholly or in part or with
9 modifications --
10 (a) any code; or
11 (b) any subsidiary legislation made, determined or issued
12 under any other Act or under any Act of the
13 Commonwealth, another State or a Territory.
14 (3) The adoption may be by --
15 (a) incorporating the code or subsidiary legislation in the
16 regulations; or
17 (b) incorporating the code or subsidiary legislation by
18 reference.
19 (4) If the regulations adopt by reference a code or subsidiary
20 legislation, other than any subsidiary legislation to which the
21 Interpretation Act 1984 section 41 applies --
22 (a) the code or subsidiary legislation is adopted as existing
23 or in force when the regulations are made; and
24 (b) any amendments made to the code or subsidiary
25 legislation after the regulations are made have no legal
26 effect as part of the regulations unless they are
27 specifically adopted by later regulations or a later
28 amendment to the regulations.
29 (5) If regulations adopt by reference any subsidiary legislation to
30 which the Interpretation Act 1984 section 41 applies, the
page 102
Towing Services Bill 2024
Regulations Part 8
Safety standards Division 2
s. 144
1 subsidiary legislation is adopted as existing or in force from
2 time to time.
3 (6) Subsections (4) and (5) do not apply if regulations state that a
4 particular text is adopted.
5 (7) The CEO must ensure that particulars of any code or subsidiary
6 legislation adopted by reference, other than subsidiary
7 legislation to which the Interpretation Act 1984 section 41
8 applies, are published on or accessible through the Department's
9 website.
10 Division 2 -- Safety standards
11 144. Safety standards for towing service providers
12 (1) The regulations may provide for safety standards for a towing
13 service provider in relation to a regulated towing business.
14 (2) Safety standards prescribed under subsection (1) may include
15 standards in relation to any of the following --
16 (a) towing workers in relation to a towing service provider's
17 regulated towing business, including the following --
18 (i) requirements to hold Australian driver licences;
19 (ii) competence and qualifications;
20 (iii) driving records and criminal records;
21 (iv) identification;
22 (v) fitness and medical requirements;
23 (vi) reporting of changes in health and other matters
24 relating to health;
25 (b) vehicles used or to be used in conducting the provider's
26 regulated towing business, including the following --
27 (i) safety of vehicles;
28 (ii) maintenance and security and other
29 requirements;
30 (c) reporting of safety incidents and accidents;
page 103
Towing Services Bill 2024
Part 8 Regulations
Division 2 Safety standards
s. 145
1 (d) records relating to towing workers;
2 (e) safety management systems.
3 (3) Subsection (2) does not limit the matters in relation to which
4 safety standards may be prescribed.
5 145. Safety standards for towing workers
6 (1) The regulations may provide for safety standards for towing
7 workers in relation to a regulated towing business.
8 (2) Safety standards prescribed under subsection (1) in relation to
9 towing workers may include standards in relation to any of the
10 following --
11 (a) requirements to hold Australian driver licences;
12 (b) competence and qualifications;
13 (c) driving records and criminal records;
14 (d) identification;
15 (e) fitness and medical requirements;
16 (f) reporting of changes in health and other matters relating
17 to health;
18 (g) reporting of safety incidents and accidents;
19 (h) compliance with safety requirements established by
20 towing service providers;
21 (i) provision of information to towing service providers.
22 (3) Subsection (2) does not limit the matters in relation to which
23 safety standards may be prescribed.
24 146. Safety standard offences
25 (1) The regulations may make it an offence for a towing service
26 provider or towing worker in relation to a regulated towing
27 business to contravene a safety standard prescribed by the
28 regulations.
page 104
Towing Services Bill 2024
Regulations Part 8
Safety standards Division 2
s. 147
1 (2) The regulations may make it an offence for a towing service
2 provider or towing worker in relation to a regulated towing
3 business to fail to ensure that a safety standard specified in the
4 regulations (whether or not it is specified for that person) is
5 complied with.
6 (3) The same safety standard may be specified for more than 1 class
7 of person.
8 147. Reasonable steps defence
9 (1) It is a defence to an offence prescribed by regulations made
10 under section 146(2) to prove that --
11 (a) the person did not know, and could not reasonably be
12 expected to have known, that an offence was committed;
13 and
14 (b) either --
15 (i) the person took all reasonable steps to prevent
16 the contravention of the safety standard or the
17 failure to ensure the safety standard was
18 complied with, as the case may be; or
19 (ii) there were no steps the person could reasonably
20 have taken to prevent the contravention of the
21 safety standard or the failure to ensure the safety
22 standard was complied with.
23 (2) Without limiting subsection (1), in determining whether things
24 done or omitted to be done by a person constitute reasonable
25 steps, a court may have regard to the following --
26 (a) the circumstances of the alleged offence;
27 (b) the measures available and the measures taken to
28 eliminate or minimise the risk of harm to any person;
29 (c) the personal expertise or experience that the person or
30 an employee or agent of the person had or ought to have
31 had.
page 105
Towing Services Bill 2024
Part 8 Regulations
Division 3 Safety management systems
s. 148
1 Division 3 -- Safety management systems
2 148. Safety management systems for towing service providers
3 The regulations may --
4 (a) require a towing service provider in relation to a
5 regulated towing business to establish and maintain a
6 system of management (a safety management system)
7 to secure --
8 (i) the health and safety of persons engaged in
9 towing work in relation to that business; or
10 (ii) the health and safety of any other person;
11 and
12 (b) make provision for or in relation to safety management
13 systems, including by specifying requirements with
14 which safety management systems must comply.
15 Division 4 -- Towing industry authorisations
16 149. Towing industry authorisations
17 (1) In this section --
18 document includes --
19 (a) a criminal record check; and
20 (b) a traffic record check; and
21 (c) in the case of a towing worker, an approved medical
22 report;
23 fit and proper person means a person who is a fit and proper
24 person to conduct a regulated towing business, represent a
25 towing service provider in the conduct of a regulated towing
26 business, or engage in towing work for the purposes of a
27 regulated towing business, as the case requires.
page 106
Towing Services Bill 2024
Regulations Part 8
Towing industry authorisations Division 4
s. 149
1 (2) The regulations may make provision for the following in
2 relation to towing industry authorisations --
3 (a) the requirements to be met by applicants for towing
4 industry authorisations, including the following --
5 (i) the information to be provided in and with an
6 application;
7 (ii) requiring an applicant to provide any document
8 or information that is relevant to whether the
9 applicant is a fit and proper person;
10 (iii) in the case of an application for a towing
11 business authorisation, the requirements for
12 individuals nominated as responsible officers;
13 (iv) requiring an applicant for a towing business
14 authorisation to provide any document or
15 information that is relevant to whether an
16 individual nominated as a responsible officer of
17 the applicant is a fit and proper person or a close
18 associate of the applicant is of good repute;
19 (v) requiring an applicant for a towing worker
20 authorisation to provide any approved medical
21 reports to the CEO;
22 (vi) in the case of an application for a towing
23 business authorisation, requirements for
24 licensing, insurance and roadworthiness of tow
25 trucks;
26 (b) conferring power on the CEO to conduct any check
27 (including obtaining a criminal record check or a traffic
28 record check) into the character and background of a
29 person to determine any of the following for the
30 purposes of this Act --
31 (i) whether the person is a fit and proper person;
page 107
Towing Services Bill 2024
Part 8 Regulations
Division 4 Towing industry authorisations
s. 149
1 (ii) whether the person has previously held a towing
2 industry authorisation, or an equivalent
3 authorisation in another State or a Territory, that
4 has been cancelled;
5 (iii) whether the person has been charged with or
6 convicted of a disqualification offence;
7 (iv) if the person is a close associate of an applicant
8 for a towing business authorisation or an
9 authorised towing service provider -- whether
10 the person is of good repute;
11 (c) grant of towing industry authorisations;
12 (d) conditions of towing industry authorisations;
13 (e) duration of towing industry authorisations;
14 (f) renewal of towing industry authorisations, including the
15 following --
16 (i) requirements to be met by applicants for
17 renewal;
18 (ii) applications for renewal;
19 (iii) the information to be provided in and with an
20 application;
21 (iv) requiring an applicant for renewal to provide any
22 document or information that is relevant to
23 whether the applicant is a fit and proper person;
24 (v) requiring an applicant for renewal of a towing
25 business authorisation to provide any document
26 or information that is relevant to whether a
27 responsible officer of the applicant is a fit and
28 proper person or a close associate of the
29 applicant is of good repute;
30 (vi) grants of renewal;
page 108
Towing Services Bill 2024
Regulations Part 8
Towing industry authorisations Division 4
s. 149
1 (g) variation of conditions of authorisations, including
2 requiring an applicant for a variation to provide any
3 document or information relevant to whether the
4 variation is appropriate in the circumstances;
5 (h) changes to any information provided in connection with
6 an application for authorisation;
7 (i) replacement, addition and cessation of nomination of
8 responsible officers of authorised towing service
9 providers, including --
10 (i) notification to the CEO of persons ceasing to be
11 nominated as responsible officers or ceasing to
12 meet the criteria in section 18; and
13 (ii) nomination and criteria for acceptance of
14 replacement or additional responsible officers;
15 (j) storage yards used by authorised towing service
16 providers, including requirements applicable to storage
17 yards and notification to the CEO of information
18 relating to storage yards;
19 (k) requiring the holder of a towing industry authorisation to
20 provide from time to time any document or information
21 that is relevant to any of the CEO's functions in relation
22 to the authorisation;
23 (l) the issue or replacement of authorisation documents or
24 additional documents identifying the holders of towing
25 industry authorisations or the specification of criteria for
26 identification documents to be held or displayed in
27 vehicles;
28 (m) the surrender of towing industry authorisations;
29 (n) requiring a person to surrender any document issued to
30 the person in relation to a towing industry authorisation;
31 (o) requiring the information to be provided in or in relation
32 to an application or a towing industry authorisation to be
33 verified by statutory declaration.
page 109
Towing Services Bill 2024
Part 8 Regulations
Division 4 Towing industry authorisations
s. 150
1 150. Disqualification offences
2 (1) The regulations may prescribe offences that are disqualification
3 offences in relation to any or all of the following --
4 (a) towing service providers;
5 (b) close associates of towing service providers;
6 (c) responsible officers of authorised towing service
7 providers;
8 (d) towing workers.
9 (2) Any of the following may be prescribed as a disqualification
10 offence by regulations under subsection (1) --
11 (a) an offence under this Act or another written law;
12 (b) an offence under a law of the Commonwealth;
13 (c) an offence under a law of another State or a Territory.
14 (3) Regulations under subsection (1) may prescribe --
15 (a) different disqualification offences in relation to the
16 different classes of person referred to in subsection (1);
17 and
18 (b) different disqualification offences applying in relation to
19 different classes of regulated towing business; and
20 (c) circumstances in which an offence is or is not a
21 disqualification offence.
22 (4) A reference in this Act to a person being charged with or
23 convicted of a disqualification offence is a reference to the
24 person being charged with or convicted of (as the case
25 requires) --
26 (a) if the person is an applicant for a towing business
27 authorisation, an authorised towing service provider or a
28 person referred to in section 31(1)(a) -- an offence
29 prescribed under subsection (1) as a disqualification
30 offence in relation to towing service providers; or
page 110
Towing Services Bill 2024
Regulations Part 8
Towing industry authorisations Division 4
s. 151
1 (b) if the person is a close associate of an applicant for a
2 towing business authorisation or of an authorised towing
3 service provider -- an offence prescribed under
4 subsection (1) as a disqualification offence in relation to
5 close associates of towing service providers; or
6 (c) if the person is a responsible officer of an authorised
7 towing service provider or an individual nominated as a
8 responsible officer by an applicant for a towing business
9 authorisation or an authorised towing service
10 provider -- an offence prescribed under subsection (1)
11 as a disqualification offence in relation to responsible
12 officers of towing service providers; or
13 (d) if the person is an applicant for a towing worker
14 authorisation, an authorised towing worker or an
15 individual referred to in section 64(1) -- an offence
16 prescribed under subsection (1) as a disqualification
17 offence in relation to towing workers.
18 151. Prescribed disqualification periods and reinstatement
19 (1) The regulations must prescribe a period of disqualification
20 (which disqualification may be permanent) in relation to each
21 disqualification offence that is prescribed by regulations made
22 under section 150(1).
23 (2) Without limiting subsection (1), different periods of
24 disqualification may be prescribed in relation to a
25 disqualification offence depending on any of the following --
26 (a) whether the offence is a first or subsequent offence;
27 (b) the circumstances in which the offence is committed;
28 (c) the length of time that a person has continuously held a
29 towing industry authorisation that is in force when the
30 offence is committed;
31 (d) whether or not a person has previously been disqualified
32 under section 31(1) or 64(1)(b).
page 111
Towing Services Bill 2024
Part 8 Regulations
Division 5 Towing businesses, towing workers and authorisations to tow
vehicles
s. 152
1 (3) A reference in this Act to the prescribed disqualification period
2 in relation to a disqualification offence is a reference to the
3 period prescribed in relation to that disqualification offence by
4 regulations made under subsection (1).
5 (4) The regulations may provide for the reinstatement of
6 authorisations, or make any other provision necessary or
7 convenient to be made, to deal with the consequences of a
8 conviction for a disqualification offence being quashed or set
9 aside in a case in which an authorisation has been cancelled
10 under section 30(2), (3) or (4) or 64(1)(a) because of the
11 conviction.
12 Division 5 -- Towing businesses, towing workers and
13 authorisations to tow vehicles
14 152. Towing businesses
15 The regulations may make provision in relation to the conduct
16 of a regulated towing business, including in relation to the
17 following --
18 (a) prohibiting or regulating ways in which work may be
19 obtained for a regulated towing business;
20 (b) customer complaint handling processes and the
21 requirements of those processes;
22 (c) the provision of information to the CEO by the towing
23 service provider on matters prescribed by the
24 regulations, including --
25 (i) safety incidents involving tow trucks; and
26 (ii) conduct of towing workers; and
27 (iii) towing workers employed or engaged, or ceased
28 to be employed or engaged, by the towing
29 service provider; and
30 (iv) towing vehicles used, or withdrawn from use, by
31 the towing service provider;
page 112
Towing Services Bill 2024
Regulations Part 8
Towing businesses, towing workers and authorisations to tow Division 5
vehicles
s. 153
1 (d) the form of payment of towing charges and storage
2 charges;
3 (e) the collection and keeping by the towing service
4 provider of information (including camera footage and
5 audio material) prescribed by the regulations and
6 requiring the information to be made available to the
7 CEO or an authorised officer;
8 (f) insurance requirements for towing service providers;
9 (g) advertising by towing service providers;
10 (h) regulating the provision of information to customers or
11 the public in connection with the conduct of a regulated
12 towing business.
13 153. Towing workers
14 The regulations may make provision in relation to towing
15 workers in relation to a regulated towing business, including in
16 relation to the following --
17 (a) requirements for the display of identification and
18 authorisation information in relation to a towing worker;
19 (b) requirements for a towing worker to produce the
20 worker's towing worker authorisation document or
21 driver's licence to an authorised officer on request;
22 (c) requirements for a towing worker to report incidents
23 involving tow trucks;
24 (d) regulating the conduct and behaviour of a towing worker
25 in relation to engaging in towing work for the purposes
26 of a regulated towing business, including --
27 (i) the conduct and behaviour of a towing worker
28 towards a relevant person for a vehicle; and
29 (ii) the conduct of a towing worker at the scene of a
30 vehicle crash or breakdown; and
page 113
Towing Services Bill 2024
Part 8 Regulations
Division 5 Towing businesses, towing workers and authorisations to tow
vehicles
s. 154
1 (iii) the destination to which a vehicle is towed and
2 the route that a driver must drive to reach the
3 destination.
4 154. Authorisations to tow vehicles
5 The regulations may make provision for or in relation to
6 authorities to tow (whether given by the relevant person for a
7 vehicle or by a police officer) and authorisations under
8 section 40(4), including in relation to the following --
9 (a) the form and content of an authority to tow;
10 (b) classes of person who may, or must not, obtain or
11 attempt to obtain an authority to tow;
12 (c) circumstances in which a person may, or must not,
13 obtain or attempt to obtain an authority to tow;
14 (d) the conduct and behaviour of a person obtaining, or
15 attempting to obtain, an authority to tow, including --
16 (i) the conduct and behaviour of such a person
17 towards a relevant person for a vehicle; and
18 (ii) the conduct of such a person at the scene of a
19 vehicle crash or breakdown;
20 (e) requirements for documentation to be prepared or
21 notifications to be given if a vehicle is towed after an
22 authority to tow is given by a police officer under
23 section 40(3) or authorisation is given by the
24 Commissioner of Main Roads under section 40(4);
25 (f) protection from liability and responsibility for towing
26 charges and storage charges if an authority to tow is
27 given under section 40(3) or authorisation is given under
28 section 40(4).
page 114
Towing Services Bill 2024
Miscellaneous Part 9
s. 155
1 Part 9 -- Miscellaneous
2 155. Giving documents
3 (1) In this section --
4 electronic means includes --
5 (a) an electronic database or document system; and
6 (b) any other means by which a document can be accessed
7 electronically.
8 (2) The regulations may make provision for or in relation to the
9 following --
10 (a) the giving of a document required or permitted to be
11 given under this Act (including the giving of the
12 document by electronic means);
13 (b) the time at which the document is taken to have been
14 given;
15 (c) the means of satisfying a requirement under this Act in
16 relation to a document in writing (for example, a
17 requirement that the original of a document be given or
18 that a document be signed) if the document is given by
19 electronic means.
20 (3) Regulations under subsection (2) cannot provide for a document
21 to which section 108 applies to be served by a means that is
22 inconsistent with that section.
23 (4) A document required to be given by the CEO to an authorised
24 towing service provider is taken to have been given to the
25 provider if it is given to a responsible officer of the provider in
26 accordance with regulations made under subsection (2).
27 (5) This section applies to a requirement or permission to give a
28 document whether the term "give", "issue", "send" or "serve",
29 or any other similar term, is used.
page 115
Towing Services Bill 2024
Part 9 Miscellaneous
s. 156
1 156. Delegation by CEO or Commissioner of Main Roads
2 (1) The CEO may delegate any power or duty of the CEO under
3 another provision of this Act to --
4 (a) a person employed in, or engaged for the purposes of,
5 the Department; or
6 (b) a person of a class of person approved by the Minister.
7 (2) The Commissioner of Main Roads may delegate any power or
8 duty of the Commissioner under another provision of this Act
9 to --
10 (a) a person appointed under the Main Roads Act 1930
11 section 10(1); or
12 (b) a police officer.
13 (3) A delegation under this section must be in writing signed by the
14 person making the delegation.
15 (4) A person to whom a power or duty is delegated under this
16 section cannot delegate that power or duty.
17 (5) A person exercising or performing a power or duty that has been
18 delegated to the person under this section is taken to do so in
19 accordance with the terms of the delegation unless the contrary
20 is shown.
21 (6) Nothing in this section limits the ability of the CEO or
22 Commissioner of Main Roads to perform a function through an
23 officer or agent.
24 157. CEO may enter into agreements for performance of
25 functions
26 (1) The CEO may enter into an agreement providing for the CEO's
27 functions under this Act that are described in the agreement to
28 be performed on behalf of the CEO.
page 116
Towing Services Bill 2024
Miscellaneous Part 9
s. 158
1 (2) The agreement may be with the Commissioner of Police, a local
2 government, or any other person or body, whether or not the
3 person or body has itself functions of a public nature.
4 (3) A function described in the agreement may be performed --
5 (a) in accordance with the agreement; and
6 (b) on and subject to the terms of the agreement.
7 (4) If the performance of a function is dependent on the opinion,
8 belief or state of mind of the CEO it may be performed under
9 the agreement on the opinion, belief or state of mind of the
10 person or body with whom the agreement is made or another
11 person provided for in the agreement.
12 (5) For the purposes of this Act or any other written law, an act or
13 thing done by, to, by reference to, or in relation to a person or
14 body in connection with the performance by that person or body
15 under the agreement of a function of the CEO is as effectual as
16 if it had been done by, to, by reference to, or in relation to, the
17 CEO.
18 158. Protection from personal liability
19 (1) An action in tort does not lie against a person for any thing that
20 the person has done, in good faith, in the performance or
21 purported performance of a function under this Act.
22 (2) The Minister and the State are also relieved of any liability that
23 either of them might otherwise have had for another person
24 having done any thing as described in subsection (1).
25 (3) The protection given by this section applies even though the
26 thing done as described in subsection (1) may have been
27 capable of being done whether or not this Act had been enacted.
28 (4) In this section, a reference to the doing of anything includes a
29 reference to an omission to do anything.
30 (5) To avoid doubt, subsection (1) applies to a function performed
31 pursuant to an agreement referred to in section 157.
page 117
Towing Services Bill 2024
Part 9 Miscellaneous
s. 159
1 159. Protection of people testing or examining or giving certain
2 information
3 (1) The protection given by this section is in addition to any
4 protection given by section 158.
5 (2) Proceedings for an offence are not to be brought against a
6 person for giving or reporting to the CEO, in good faith, an
7 opinion formed as a result of having examined a person or
8 administered a test for the purposes of this Act.
9 (3) An action in tort does not lie against a person, and proceedings
10 for an offence are not to be brought against a person, for giving
11 or reporting to the CEO, in good faith, information that
12 discloses or suggests that --
13 (a) another person may not be a fit and proper person to
14 hold a towing worker authorisation; or
15 (b) it may be dangerous to --
16 (i) grant a towing worker authorisation to another
17 person; or
18 (ii) allow another person to hold a towing worker
19 authorisation; or
20 (iii) vary, or not to vary, the conditions of a towing
21 worker authorisation.
22 160. False or misleading information
23 A person commits an offence if the person provides information
24 that the person knows to be false or misleading in a material
25 particular to the CEO under this Act or to any other person
26 performing a function under this Act.
27 Penalty:
28 (a) for an individual --
29 (i) for a first offence, a fine of $5 000;
30 (ii) for a subsequent offence, a fine of $10 000;
31 (b) for a body corporate, a fine of $25 000.
page 118
Towing Services Bill 2024
Miscellaneous Part 9
s. 161
1 161. Exemption from requirements of this Act
2 (1) The CEO may exempt a person from the requirements of any
3 provision of this Act, on a case-by-case basis, if the CEO is
4 satisfied that --
5 (a) there are exceptional circumstances to justify the
6 exemption; or
7 (b) there is sufficient public interest to justify the
8 exemption.
9 (2) An exemption given under subsection (1) must --
10 (a) be granted by written notice given to the person to
11 whom it applies; and
12 (b) specify the person to whom, and circumstances in
13 which, it applies.
14 (3) The CEO may amend or revoke an exemption under
15 subsection (1) by written notice given to the person to whom the
16 exemption applies.
17 (4) The regulations may --
18 (a) exempt a class of person from the requirements of any
19 provision of this Act; and
20 (b) specify circumstances in which, and conditions subject
21 to which, such an exemption applies.
22 (5) Regulations under subsection (4) can be made only on the
23 recommendation of the Minister.
24 (6) The Minister must not recommend the making of regulations
25 exempting a class of person from any provision of this Act
26 under subsection (4) unless the Minister is satisfied that --
27 (a) there are exceptional circumstances to justify the
28 exemption; or
29 (b) there is sufficient public interest to justify the
30 exemption.
page 119
Towing Services Bill 2024
Part 9 Miscellaneous
s. 162
1 (7) Nothing in this section limits the Interpretation Act 1984
2 section 43(8)(d) or 50(2)(b).
3 162. Review of Act
4 (1) The Minister must carry out a review of the operation and
5 effectiveness of this Act as soon as practicable after the
6 5th anniversary of the day on which this section comes into
7 operation.
8 (2) In carrying out the review, the Minister must have regard to --
9 (a) the attainment of the objects of this Act; and
10 (b) the administration of this Act; and
11 (c) the effectiveness of the operation of the Department in
12 relation to this Act; and
13 (d) any other matters that appear to the Minister to be
14 relevant.
15 (3) The Minister must prepare a report based on the review and, as
16 soon as practicable after its preparation, cause the report to be
17 laid before each House of Parliament.
page 120
Towing Services Bill 2024
Transitional provisions Part 10
s. 163
1 Part 10 -- Transitional provisions
2 163. Convictions of disqualification offences before
3 commencement day
4 (1) A reference in a provision of this Act to a conviction for a
5 disqualification offence includes a reference to such a
6 conviction that occurred before the day on which that provision
7 came into operation.
8 (2) The commencement and end of the period for which a person is
9 disqualified from holding or obtaining a towing business
10 authorisation under section 31(1) is to be determined as if
11 sections 31 and 32 had been in operation when the conviction
12 that resulted in the disqualification, and any previous conviction
13 of the disqualified person for a disqualification offence,
14 occurred.
15 (3) The commencement and end of the period for which a person is
16 disqualified from holding or obtaining a towing worker
17 authorisation under section 64(1)(b) is to be determined as if
18 sections 64 and 65 had been in operation when the conviction
19 that resulted in the disqualification, and any previous conviction
20 of the disqualified person for a disqualification offence,
21 occurred.
22 Examples for this section:
23 1. The following is an example of how the period for which a person is
24 disqualified from holding or obtaining a towing business authorisation
25 is determined if the person is convicted of a disqualification offence
26 before the day (commencement day) on which section 31 comes into
27 operation.
28 (a) Two years before commencement day, the person is convicted
29 of a disqualification offence for which the prescribed
30 disqualification period is 3 years.
31 (b) Under subsection (2), section 31 applies for the purposes of
32 determining the commencement and end of the period for
33 which the person is disqualified as a result of the conviction as
34 if that section had been in force when the conviction occurred.
page 121
Towing Services Bill 2024
Part 10 Transitional provisions
s. 164
1 (c) Applying section 31 in this way, the period for which the person
2 is disqualified ends on the last day of the period of 3 years
3 beginning on the day of conviction.
4 (d) Accordingly, on commencement day, the person remains
5 disqualified for 1 year.
6 2. The following is an example of how the period for which an individual is
7 disqualified from holding or obtaining a towing worker authorisation is
8 determined if the individual has been convicted of 2 disqualification
9 offences before the day (commencement day) on which section 64
10 comes into operation.
11 (a) Three years before commencement day, the individual is
12 convicted of a disqualification offence (offence A) for which the
13 prescribed disqualification period is 2 years.
14 (b) Two years before commencement day, the individual is
15 convicted of a further disqualification offence (offence B) for
16 which the prescribed disqualification period is also 2 years.
17 (c) Under subsection (3), sections 64 and 65 apply for the
18 purposes of determining the commencement and end of the
19 periods for which the individual is disqualified as a result of the
20 convictions as if those sections had been in force when the
21 convictions occurred.
22 (d) Applying sections 64 and 65 in that way, the period of
23 disqualification resulting from offence A ends on the last day of
24 the period of 2 years commencing on the day of conviction. The
25 period of disqualification resulting from offence B commences
26 on the next day after the end of the period of disqualification
27 resulting from offence A and ends on the last day of the period
28 of 2 years commencing on that day.
29 (e) Accordingly, on commencement day the individual remains
30 disqualified for 1 year.
31 164. Transitional regulations
32 (1) In this section --
33 specified means specified or described in regulations;
34 transitional matter --
35 (a) means a matter or issue of a transitional nature that
36 arises as a result of the enactment of this Act or the
37 coming into operation of any provisions of this Act or
38 regulations made under it; and
39 (b) includes a savings or application matter or issue.
page 122
Towing Services Bill 2024
Transitional provisions Part 10
s. 164
1 (2) The regulations may prescribe anything required, necessary or
2 convenient to be prescribed in relation to a transitional matter.
3 (3) Without limiting subsection (2), regulations made for the
4 purposes of that subsection may provide that specified
5 provisions of this Act --
6 (a) do not apply to, or in relation to, a specified matter or
7 thing; or
8 (b) apply with specified modifications to, or in relation to, a
9 specified matter or thing.
10 (4) If regulations made for the purposes of subsection (2) provide
11 that a specified state of affairs is taken to have existed, or not to
12 have existed, on and from a day that is earlier than the day on
13 which the regulations are published in accordance with the
14 Interpretation Act 1984 section 41(1)(a) but not earlier than the
15 day on which this section comes into operation, the regulations
16 have effect according to their terms.
17 (5) If regulations made for the purposes of subsection (2) contain a
18 provision of a kind described in subsection (4), the provision
19 does not operate so as --
20 (a) to affect in a manner prejudicial to any person (other
21 than the State or an authority of the State) the rights of
22 that person existing before the day of publication of
23 those regulations; or
24 (b) to impose liabilities on any person (other than the State
25 or an authority of the State) in respect of anything done
26 or omitted to be done before the day of publication of
27 those regulations.
page 123
Towing Services Bill 2024
Part 11 Other Acts amended
Division 1 Criminal Organisations Control Act 2012 amended
s. 165
1 Part 11 -- Other Acts amended
2 Division 1 -- Criminal Organisations Control Act 2012 amended
3 165. Act amended
4 This Division amends the Criminal Organisations Control
5 Act 2012.
6 166. Section 80 amended
7 In section 80(1) in the definition of prescribed activity delete
8 paragraph (i) and insert:
9
10 (i) conducting a towing business, or engaging in
11 towing work for the purposes of a towing
12 business (as those terms are defined in the
13 Towing Services Act 2024 section 4);
14
15 Division 2 -- Road Traffic Act 1974 amended
16 167. Act amended
17 This Division amends the Road Traffic Act 1974.
18 168. Section 91 amended
19 (1) In section 91 insert in alphabetical order:
20
21 vehicle crash means a collision or impact resulting in
22 damage to a vehicle.
23
page 124
Towing Services Bill 2024
Other Acts amended Part 11
Road Traffic (Administration) Act 2008 amended Division 3
s. 169
1 (2) In section 91 in the definition of tow truck driver delete
2 "vehicles." and insert:
3
4 vehicles;
5
6 169. Section 96 amended
7 Delete section 96(2)(a)(i) and insert:
8
9 (i) away from a place on a road where the
10 vehicle has been involved in a vehicle
11 crash or has broken down or become
12 bogged or stranded; or
13
14 Division 3 -- Road Traffic (Administration) Act 2008 amended
15 170. Act amended
16 This Division amends the Road Traffic (Administration)
17 Act 2008.
18 171. Section 12 amended
19 In section 12(5) delete "the Transport (Road Passenger
20 Services) Act 2018 Part 7" and insert:
21
22 the Towing Services Act 2024, the Transport (Road Passenger
23 Services) Act 2018
24
page 125
Towing Services Bill 2024
Part 11 Other Acts amended
Division 4 Road Traffic (Authorisation to Drive) Act 2008 amended
s. 172
1 172. Section 110 amended
2 In section 110(1A) in the definition of road law after "includes"
3 insert:
4
5 the Towing Services Act 2024 and
6
7 Division 4 -- Road Traffic (Authorisation to Drive) Act 2008
8 amended
9 173. Act amended
10 This Division amends the Road Traffic (Authorisation to Drive)
11 Act 2008.
12 174. Section 11GA inserted
13 After section 11G insert:
14
15 11GA. Disclosure to CEO (towing services)
16 (1) In this section --
17 CEO (towing services) means the CEO as defined in
18 the Towing Services Act 2024 section 4.
19 (2) The CEO may disclose photographs provided to or
20 used by the CEO under this Part to the CEO (towing
21 services) for the purposes of the performance of the
22 functions of the CEO (towing services) under the
23 Towing Services Act 2024.
24
page 126
Towing Services Bill 2024
Other Acts amended Part 11
State Administrative Tribunal Act 2004 amended Division 5
s. 175
1 175. Section 11H amended
2 In section 11H(3) delete "related Act or" and insert:
3
4 related Act, the Towing Services Act 2024 or
5
6 Division 5 -- State Administrative Tribunal Act 2004 amended
7 176. Act amended
8 This Division amends the State Administrative Tribunal
9 Act 2004.
10 177. Schedule 1 amended
11 In Schedule 1 insert in alphabetical order:
12
13 Towing Services Act 2024
14
page 127
Towing Services Bill 2024
Defined terms
Defined terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined term Provision(s)
applicable charges .......................................................................................... 15(1)
approved form .......................................................................................................4
approved medical report ....................................................................................... 4
assent day ..............................................................................................................2
Australian driver licence ....................................................................................... 4
authorised infringement notice officer ......................................................... 138(1)
authorised officer ....................................................................................... 4, 85(1)
authorised towing service provider .......................................................................4
authorised towing worker ..................................................................................... 4
authority to tow .......................................................................................... 4, 40(1)
breakdown towing.................................................................................................4
Breakdown towing ................................................................................................ 7
business day ................................................................................................... 15(1)
business record .................................................................................................. 104
CEO ...................................................................................................................... 4
close associate ................................................................................ 4, 12(2) and (3)
code .............................................................................................................. 143(1)
commencement day ..................................................................................... 163(3)
Commissioner of Main Roads...............................................................................4
Commissioner of Police ........................................................................................ 4
compliance period ........................................................................................ 130(1)
conviction .............................................................................................................4
court .................................................................................................................. 117
crash or breakdown information .................................................................... 68(1)
crash towing ................................................................................................. 4, 6(3)
Crash towing .................................................................................................... 6(2)
criminal record check ............................................................................................ 4
current period of disqualification ........................................................ 32(1), 65(1)
de-identified data ........................................................................................... 71(1)
Department............................................................................................................4
disclose ............................................................................................................... 70
disqualification offence ............................................................................ 4, 150(4)
document...................................................................................................... 149(1)
driver's licence ......................................................................................................4
driver's licence information ................................................................................ 70
electronic means .......................................................................................... 155(1)
engage in towing work .......................................................................................... 4
financial institution ........................................................................................ 12(1)
fit and proper person .................................................................................... 149(1)
page 128
Towing Services Bill 2024
Defined terms
identifying document ..................................................................................... 45(1)
identity request ............................................................................................... 93(1)
infringement notice ............................................................................................... 4
infringement notice information ......................................................................... 70
interstate towing authority .................................................................................. 70
interstate towing law ........................................................................................... 70
interstate towing worker authorisation ..................................................................4
law enforcement official ..................................................................................... 70
learner's permit ................................................................................................... 70
making an application .................................................................................... 95(1)
medical practitioner .............................................................................................. 4
motor vehicle ........................................................................................................4
natural disaster ............................................................................................... 16(1)
new period of disqualification............................................................. 32(1), 65(1)
offence A ..................................................................................................... 163(3)
offence B ...................................................................................................... 163(3)
offence information ............................................................................................. 70
office holder ................................................................................................. 137(1)
officer .................................................................................................................... 4
official details ................................................................................................ 95(1)
operate................................................................................................................... 4
order to produce ................................................................................................ 104
premises .............................................................................................................. 84
prescribed disqualification period ............................................................ 4, 151(3)
privileged .......................................................................................................... 117
public entity ..........................................................................................................4
public place ...........................................................................................................4
record .................................................................................................................. 84
regulated towing ...................................................................................................4
Regulated towing ............................................................................................. 8(1)
regulated towing business ............................................................................ 4, 8(2)
relevant authority ................................................................................................ 70
relevant decision ................................................................................. 25(4), 52(4)
relevant financial interest ............................................................................... 12(1)
relevant offence.............................................................................................. 92(1)
relevant person ......................................................................................................4
relevant position ............................................................................................. 12(1)
relevant power................................................................................................ 12(1)
remote communication................................................................................... 95(1)
responsible officer.................................................................................................4
responsible person............................................................................... 92(1), 93(1)
reviewable decision........................................................................................... 139
road ....................................................................................................................... 4
road law .............................................................................................................. 70
page 129
Towing Services Bill 2024
Defined terms
road traffic CEO.................................................................................................. 70
safety management system ............................................................................... 148
safety standards .....................................................................................................4
scene ..................................................................................................................... 4
specified ....................................................................................................... 164(1)
storage charge .......................................................................................................4
storage yard ...........................................................................................................4
subsidiary legislation ................................................................................... 143(1)
Territory ................................................................................................................ 4
tow .................................................................................................................... 4, 5
towing business .....................................................................................................4
towing business authorisation ...............................................................................4
towing charge ........................................................................................................4
towing industry authorisation................................................................................ 4
towing procurement purpose .......................................................................... 68(1)
towing regulatory information ............................................................................ 70
towing service provider......................................................................................... 4
towing worker .......................................................................................................4
towing worker authorisation ................................................................................. 4
towing worker authorisation document .................................................................4
tow truck ...............................................................................................................4
traffic infringement notice information ............................................................... 70
traffic record check ............................................................................................... 4
transitional matter ........................................................................................ 164(1)
valuable thing ................................................................................................. 68(1)
vehicle ................................................................................................................... 4
vehicle crash ................................................................................................ 4, 6(1)
vehicle licence information ................................................................................. 70
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