1 Short title

This Act may be cited as the Tow Truck and Other Legislation Amendment Act 2017.

2 Commencement

(1) Parts 2 and 6 commence on 1 December 2017.

(2) Parts 3 and 5 commence on the day the Youth Justice and Other Legislation (Inclusion of 17-year-old Persons) Amendment Act 2016, section 6 commences.

3 Act amended

This part amends the Tow Truck Act 1973.

4 Insertion of new s 4D

Part 1—

insert—

4D Meaning of towing consent

(1) A
"towing consent" is a document, in the approved form, between an occupier of private property and the holder of a licence that states there is an arrangement between the occupier and the holder under which the holder may, until the arrangement is revoked by the occupier, tow a private property motor vehicle from the property.

(2) To remove any doubt, it is declared that a towing consent does not constitute legal authority for the towing of a motor vehicle from private property.

5 Amendment of s 5 (Requirement as to licence for tow truck)

(1) Section 5, ‘unless it’—omit, insert—for towing prescribed motor vehicles in a regulated area unless the tow truck

(2) Section 5—insert— Maximum penalty—160 penalty units.

6 Amendment of s 6 (Application for licence)

Section 6(2), ‘and issue’—

omit.

7 Amendment of s 7 (Form and authority of licence)

Section 7, ‘issued’—

omit, insert—

granted

8 Replacement of ss 8 and 9

Sections 8 and 9—

omit, insert—

8 Term of licence

(1) A licence may be granted for a term of not more than 5 years.

(2) A licence comes into force on the day it is granted.

(3) A licence stops being in force if it—

(a) expires; or

(b) is cancelled, suspended or surrendered.

(4) A licence suspended under this Act is taken not to be in force during the period of the suspension.

9 Renewal of licence

(1) The holder of a licence may apply to the chief executive to renew the licence.

(2) The application must—

(a) be made as prescribed by regulation; and

(b) be accompanied by the fee prescribed by regulation.

(3) The chief executive may renew the licence if satisfied the holder of the licence continues to be an appropriate person to hold the licence.

(4) For deciding whether the holder of the licence continues to be an appropriate person to hold the licence, the chief executive must have regard to any report given to the chief executive by the police commissioner under section 36 about—

(a) the holder; or

(b) if the holder is a corporation—any of the holder’s executive officers.

(5) A licence renewed under this section—

(a) starts on the day the renewal is granted; and

(b) is granted for a term of not more than 5 years; and

(c) must state the expiry date for the licence.

9 Amendment of s 11 (Permits to tow motor vehicles)

Section 11(1), after ‘vehicles’—

insert—

in a regulated area

10 Amendment of s 12 (Conditions of licence)

(1) Section 12(2)—insert—

(da) that a person acting under the authority of the licence or a certificate must not unlock a private property motor vehicle without the consent of the vehicle’s owner or the owner’s agent;

(2) Section 12(2)(g), ‘damaged or seized’—omit, insert—prescribed

(3) Section 12(2)(h)—omit, insert—

(h) that the holder of the licence must—

(i) ensure an inventory of found property is made for each prescribed motor vehicle that is towed by a tow truck to which the licence relates; and

(ii) ensure the inventory is made as soon as reasonably practicable after the vehicle arrives at its destination; and

(iii) keep the inventory at the place of business stated in the licence;

(4) Section 12(2)(l), ‘driver’s certificate or an assistant’s’—omit.

(5) Section 12(2)—insert—

(s) for the towing of a private property motor vehicle from private property—that a person—

(i) if the person is not the holder of a certificate—must not accompany the driver of the tow truck to which the licence relates while the tow truck is—

(A) proceeding to the property; or

(B) towing the vehicle; and

(ii) must not tow the vehicle unless the holder of the licence has a valid towing consent from the occupier of the property relating to the towing of the vehicle from the property; and

(iii) must not tow the vehicle while a person is inside it; and

(iv) must not cause, or allow to be caused, an unreasonable obstruction on private property or a road by a tow truck to which the licence relates; and

(v) must, before towing the vehicle, take reasonable steps to locate the vehicle’s owner; and

(vi) must not, after taking reasonable steps to find the vehicle’s owner, take longer than is reasonably necessary to tow the vehicle; and

(vii) may only tow the vehicle to the nearest holding yard that is owned or leased by the holder of the licence; and

(viii) must not move the vehicle from a holding yard without the written authority of the vehicle’s owner or the owner’s agent; and

(ix) if there are no outstanding charges under this Act for which the owner of the vehicle is liable—must not refuse, or cause another person to refuse, to release the vehicle to the owner, or the owner’s agent.

(6) Section 12(2)(da) to (s)—renumber as section 12(2)(e) to (t).

(7) Section 12—insert—

(3) In this section—

"certificate" means—

(a) a driver’s certificate; or

(b) an assistant’s certificate.

11 Amendment of s 13 (Required certificates etc.)

(1) Section 13, after ‘must not’—insert—, in a regulated area

(2) Section 13(a), after ‘truck’—insert—to tow a prescribed motor vehicle

(3) Section 13(b)—omit, insert—

(b) be employed on or in connection with the use of a tow truck at or near a towing location unless the person is the holder of—

(i) a driver’s certificate; or

(ii) an assistant’s certificate; or

(iii) a permit under section 19.

Maximum penalty—60 penalty units.

(4) Section 13—insert—

(2) Also, a person must not, in a regulated area, travel in a tow truck to or from a towing location unless the person—

(a) is the holder of—

(i) a driver’s certificate; or

(ii) an assistant’s certificate; or

(iii) a permit under section 19; or

(b) is the owner of a motor vehicle at the towing location, or the owner’s agent; or

(c) was the driver of, or a passenger in, a vehicle at the towing location.

Maximum penalty—40 penalty units.

(3) In this section—

"towing location" means—

(a) the scene of an incident; or

(b) a place at which a motor vehicle has been seized; or

(c) private property on which a private property motor vehicle is parked.

12 Amendment of s 17A (Renewal of driver’s or assistant’s certificate)

(1) Section 17A(2)—omit.

(2) Section 17A(3)—renumber as section 17A(2).

13 Amendment of s 19 (Permit for applicant for driver’s or assistant’s certificate)

Section 19(1), after ‘truck’—

insert—

in a regulated area

14 Insertion of new pt 4A

After section 21H—

insert—

21I Entry to places

(1) An authorised officer may enter a place if—

(a) its occupier consents to the entry; or

(b) it is a place of business stated on a licence, or is a holding yard owned or leased by the holder of the licence, and the entry is made when the place is—

(i) open for the conduct of business or otherwise open for entry; or

(ii) required under the licence to be open for inspection; or

(c) the officer reasonably suspects a prescribed motor vehicle has been towed to the place.

(2) An authorised officer may, without the occupier’s consent—

(a) enter a public place when the place is open to the public; or

(b) enter the land around premises to ask its occupier for consent to enter the premises.

(3) For subsection (1)(a), the Transport Operations (Road Use Management) Act 1995, section 27 applies as if a reference in that section to an authorised officer includes a person acting under the authority of the chief executive under this Act.

(4) In this section—

"occupier", of a place, includes a person who reasonably appears to be the occupier, or in charge, of the place.

21J Powers An authorised officer may do any of the following for investigating or enforcing a requirement under this Act—

(a) search any part of a place (an
"entered place") the officer has entered under section 21I;

(b) inspect, copy, or take an extract from, a document at an entered place;

(c) require a person to produce for inspection a document required to be kept by the person under this Act.

15 Insertion of new ss 27A and 27B

Part 5—

insert—

27A Obtaining, or attempting to obtain, towing consent A person must not obtain, or attempt to obtain, a towing consent unless the person is the holder of a licence.

27B Storing private property motor vehicle at unlicensed place

(1) An occupier of an unlicensed place must not store at the place a private property motor vehicle that has been towed by a tow truck to the place. Maximum penalty—60 penalty units.

(2) This section does not apply in relation to a private property motor vehicle that is owned by the occupier.

(3) In this section—

"occupier", of an unlicensed place, means—

(a) if a business is conducted at the place—the proprietor of the business; or

(b) otherwise—a person who may lawfully exclude other persons from the place.

16 Replacement of s 35 (Production of document evidencing licence, certificate or permit to authorised officer)

Section 35—

omit, insert—

35 Production of particular documents

(1) The holder of a licence, driver’s certificate, assistant’s certificate or permit must, if asked by an authorised officer, produce to the officer the document evidencing the licence, certificate or permit.

(2) If a tow truck is, or has been used, to tow a private property motor vehicle from private property, the holder of the licence for the tow truck must, if asked by an authorised officer, produce to the officer a copy of a towing consent held by the holder.

(3) The driver of a tow truck that is being, or has been, used to tow a private property motor vehicle must, if asked by an authorised officer, produce to the officer a copy of a towing consent being carried in the tow truck.

(4) In this section—

"copy", of a towing consent, includes the original towing consent.

17 Replacement of s 37 (Evidentiary provisions)

Section 37—

omit, insert—

37 Evidentiary matters

In a proceeding under this Act, the following apply—

(a) a certificate purporting to be signed by the chief executive certifying that on a stated day or during a stated period the particulars in the certificate about any of the matters mentioned in section 21H did or did not appear in the records kept under that section is, on its production in the proceeding, admissible as evidence, and in the absence of evidence to the contrary is conclusive evidence of the matters in the certificate;

(b) a document purporting to be a report given to the chief executive for this Act in relation to an applicant or the holder of a licence, certificate or permit and relevant to the matter of inquiry is, on its production in an appeal against the chief executive’s decision, admissible as evidence of the matters in the document;

(c) a document purporting to be a copy of a licence or other document and certified as a true copy by the chief executive is evidence of the licence or document;

(d) a certificate purporting to be signed by the police commissioner stating the commissioner received, or did not receive, notice, in the approved form, about the towing of a private property motor vehicle is evidence of the matters stated in the certificate;

(e) the allegation in a complaint that—

(i) a person is or is not, or was or was not, at a time or date stated in the complaint—

(A) the owner of a vehicle; or

(B) the holder of a licence, certificate or permit relating to a tow truck; or

(ii) any thing is, or was, a vehicle of a particular class or description; or

(iii) any place is, or was—

(A) a road, or part of a road; or

(B) a private property, or part of a private property; or

(iv) a person was an occupier of private property or another place;

is evidence of the matter or matters alleged, and in the absence of evidence to the contrary is conclusive evidence of the matter or matters.

37A Application of Act in relation to particular motor vehicles

(1) Sections 5, 13 and 26 do not apply to a person who travels in, is employed on or about, or who uses a tow truck, if—

(a) the person—

(i) is a qualified motor mechanic; and

(ii) is using the tow truck for road testing it for, or after completing, mechanical adjustment or repairs to it or its equipment; or

(b) the person is using the tow truck to tow a motor vehicle registered, under the Transport Operations (Road Use Management) Act 1995, in the name of the owner of the tow truck.

(2) The provisions of this Act relating to the towing of private property motor vehicles do not apply to a person to the extent the person is involved in towing a private property motor vehicle—

(a) under any of the following laws, or a direction or request of a person acting in accordance with any of the following laws—

(i) an Act of the Commonwealth or a State;

(ii) a local law; or

(b) in a circumstance prescribed by regulation.

18 Amendment of s 38 (Exemptions)

Section 38(2), ‘4A,’—

omit.

19 Amendment of s 40 (Offences generally and penalty)

(1) Section 40(2)—omit, insert—

(2) If the holder of a licence contravenes a condition of the licence mentioned in section 12(2)(a) to (d), the holder commits an offence against this Act.

(2A) If a person contravenes a condition of the licence mentioned in section 12(2)(e) to (t), the person and, if the person is not the holder of the licence, the holder, commits an offence against this Act.

(2) Section 40(2A) to (5)—renumber as section 40(3) to (6).

20 Amendment of s 43 (Regulation-making power)

(1) Section 43(2)(m)—omit, insert—

(m) the minimum age and required qualifications of—

(i) drivers of tow trucks; or

(ii) other persons to be employed on or in connection with the use of tow trucks;

(2) Section 43(2)—insert—

(na) the areas in which tow trucks may be operated to tow prescribed motor vehicles;

(3) Section 43(2)(p)—omit, insert—

(p) investigating charges being made, or that should be made, for—

(i) towing, storing or releasing prescribed motor vehicles; or

(ii) salvaging damaged motor vehicles; or

(pa) appointing persons to investigate matters mentioned in paragraph (t);

(pb) the powers of persons appointed to investigate matters mentioned in paragraph (t);

(4) Section 43(2)(q)—omit, insert—

(q) the things for which tow truck operators may impose a charge, and the maximum and minimum amounts for any charge;

(5) Section 43(2)(r), ‘4A’—omit.

(6) Section 43(2)(u), ‘20’—omit, insert—80

(7) Section 43(2)(fa) to (u)—renumber as section 43(2)(g) to (za).

21 Insertion of new pt 8, div 5

Part 8—

insert—

22 Amendment of sch 2 (Dictionary)

(1) Schedule 2, definition
"criminal history" —omit.

(2) Schedule 2—insert—

"conforming premises" means premises consisting of an area at ground level that—

(a) complies with the requirements of the Local Government Act 1993; and

(b) is either—

(i) enclosed by a fence or wall that—

(A) is structurally sound; and

(B) is at least 2.1m in height from the ground; and

(C) has lockable gates or doors that are closed and securely locked other than when a motor vehicle is being moved into or out of the area; or

(ii) if the area does not comply with subparagraph (i)—the chief executive considers has another security barrier that is sufficient to prevent the entry of unauthorised persons into the area and the unauthorised removal of motor vehicles or property from the area.

"criminal history", of a person, means the person’s criminal history within the meaning of the Criminal Law (Rehabilitation of Offenders) Act 1986, and includes—

(a) despite section 6 of that Act—a conviction of the person to which the section applies; and

(b) despite section 5 of that Act—a charge made against the person that has not been dealt with by a court, or withdrawn or otherwise discontinued.

"destination" —

(a) for a damaged or seized motor vehicle—means the place mentioned in section 12(2)(j) to which the vehicle has been towed; or

(b) for a private property motor vehicle—a holding yard.

"found property", for a prescribed motor vehicle that has been towed, means—

(a) if the vehicle is unlocked—movable property found in the vehicle when the vehicle arrives at its destination; or

(b) otherwise—movable property inside the vehicle that is visible from outside the vehicle at the time the vehicle arrives at its destination.

"holding yard" means conforming premises owned or leased solely by the holder of a licence and used, or to be used, by the holder to store—

(a) prescribed motor vehicles towed under the licence; and

(b) found property for prescribed motor vehicles towed under the licence.

"movable property" includes a radio or sound production device.

"occupier", of private property, means a person who may lawfully exclude other persons from the property.

"owner", of a motor vehicle, includes the following—

(a) a joint owner or a part owner of the vehicle;

(b) for a motor vehicle registered under the Transport Operations (Road Use Management) Act 1995 or under a corresponding law of another State—every person in whose name the vehicle is registered;

(c) for a motor vehicle the subject of a hiring agreement, hire-purchase agreement or leasing agreement—the person who has the use of the vehicle as hirer or lessee under the agreement;

(d) a person who is authorised to have and has control, charge or management of the vehicle.

"prescribed motor vehicle" means—

(a) a damaged motor vehicle; or

(b) a private property motor vehicle; or

(c) a seized motor vehicle; or

(d) another motor vehicle of a type prescribed by regulation.

"private property" —

(a) means land, or a road over land, from which the occupier of the land may lawfully exclude other persons; and

(b) despite paragraph (a), does not include land or a road controlled by—

(i) the Commonwealth; or

(ii) the State; or

(iii) a local government.

"private property motor vehicle" means a motor vehicle—

(a) that is, or was, parked on private property; and

(b) whose owner has not expressly requested or directed the towing of the vehicle from the property.

"regulated area" means an area prescribed by regulation to be a regulated area.

"towing consent" see section 4D.

"unlicensed place" means a place that is not—

(a) a place of business stated on a licence; or

(b) a holding yard.

"valid", for a towing consent, means in force.

(3) Schedule 2, definition
"licence", ‘issued’—omit, insert—granted

23 Act amended

This part amends the State Penalties Enforcement Act 1999.

24 Amendment of s 5 (Act has limited application to children)

(1) Section 5(1), ‘This Act’—omit, insert—Subject to subsections (2) and (3), this Act

(2) Section 5(2)—omit, insert—

(2) If a child aged at least 17 years is served with an infringement notice for a transport demerit points offence, this Act applies to the child in relation to the offence in the same way it applies to an adult.

(3) An enforcement order, fine collection notice or warrant may not be issued under this Act against a child except as allowed under subsection (2).

(4) A reference in this Act to a Magistrates Court includes, in relation to a matter involving a child, a reference to the Childrens Court.

(5) In this section—

"transport demerit points offence" means an offence for which a number of demerit points may be allocated against the offender’s traffic history under a regulation under the Transport Operations (Road Use Management) Act 1995.

25 Insertion of new pt 10, div 8

Part 10—

insert—

26 Act amended

This part amends the Transport Infrastructure Act 1994.

27 Amendment of s 92 (Definitions for pt 7)

Section 92—

insert—

"image processing fee" see section 93(6)(a).

28 Amendment of s 93 (Tolls)

Section 93(5) and (6)—

omit, insert—

(5) An administration charge under the gazette notice must not be more than the reasonable cost, under this division, of—

(a) issuing a notice about an unpaid toll; and

(b) collecting the unpaid toll, an image processing fee for the toll and the administration charge.

(6) A user administration charge under the gazette notice, for a toll—

(a) may include a fee (an
"image processing fee") that is not more than the reasonable cost of capturing, processing and using an image to identify a vehicle at a toll plaza for the toll; and

(b) so far as it does not comprise an image processing fee, must not be more than the reasonable cost, under this division, of administering and collecting payment of the toll.

(7) A reference in the gazette notice to a video matching fee is taken to be a reference to an image processing fee.

29 Amendment of s 97 (Definition for div 3)

Section 97, definition
"deferred toll amount", paragraph (b)—

omit, insert —

(b) the amount of the image processing fee for the toll.

30 Amendment of s 98 (Liability for administration charge in addition to unpaid toll)

(1) Section 98, heading, after ‘Liability for’—insert —image processing fee and

(2) Section 98(1), ‘of the administration charge for the toll.’—omit, insert —of—

(a) the image processing fee for the toll; and

(b) an administration charge.

(3) Section 98(2), ‘administration charge for the toll’—omit, insert —image processing fee or administration charge

31 Replacement of s 99 (Notice to vehicle’s registered operator)

Section 99—

omit, insert—

99 Notice to vehicle’s registered operator

(1) The toll road operator may give the registered operator of the vehicle a written notice in the approved form under this section if the toll road operator has not received the deferred toll amount.

(2) The notice may be given for 1 or more deferred toll amounts but may only include 1 administration charge.

(3) The notice must require the registered operator to do either of the following, within the prescribed time, for each deferred toll amount listed in the notice—

(a) pay the deferred toll amount to the toll road operator;

(b) give the toll road operator the registered operator’s statutory declaration in the approved form containing information that—

(i) if the registered operator is an individual—establishes, to the extent it is reasonably practicable for the registered operator to do so, that the registered operator was not the driver when liability for the toll included in the deferred toll amount was incurred; and

(ii) gives the toll road operator all the help the registered operator can reasonably give for establishing the driver’s name and address when liability for the toll included in the deferred toll amount was incurred.

(4) The notice may also require the registered operator to pay an administration charge stated in the notice if there are any deferred toll amounts listed in the notice for which the registered operator does not give a statutory declaration under subsection (3)(b).

(5) The registered operator must comply with the notice unless the registered operator has a reasonable excuse. Maximum penalty—15 penalty units.

(6) Payment of an administration charge required by the notice also satisfies the liability for the administration charge that arose under section 98(1)(b) in relation to each toll included in a deferred toll amount listed in the notice.

(7) For giving the notice, the registered operator’s address for service may be taken to be a residential, postal or business address recorded for the registered operator under the registration Act applying to the designated vehicle’s registration.

99AA Single notice under ss 99 and 105ZH

(1) A single notice may be given to the registered operator that is a notice under section 99 and a notice under section 105ZH.

(2) If a single notice is given, only 1 administration charge may be charged under the notice.

(3) Payment of an administration charge mentioned in subsection (2) is taken to be payment of the administration charge under both section 99(4) and section 105ZH(4).

32 Amendment of s 99A (Corporation may be taken to be driver of vehicle)

Section 99A(1)(b), ‘section 99(2)(b)(ii)’—

omit, insert—

section 99(3)(b)(ii)

33 Replacement of s 101 (Notice to person identified as driver)

Section 101—

omit, insert—

101 Notice to person identified as driver

(1) The toll road operator may give a notice in the approved form to a person under this section if the toll road operator—

(a) has not received the deferred toll amount; and

(b) considers, on reasonable grounds, it has correctly identified the person as the driver.

(2) The notice may be given for 1 or more deferred toll amounts but may only include 1 administration charge.

(3) The notice must require the person to do either of the following, within the prescribed time, for each deferred toll amount listed in the notice—

(a) pay the deferred toll amount to the toll road operator;

(b) give the toll road operator the person’s statutory declaration in the approved form containing information that—

(i) establishes, to the extent it is reasonably practicable for the person to do so, that the person was not the driver when liability for the toll included in the deferred toll amount was incurred; and

(ii) gives the toll road operator all the help the person can reasonably give for establishing the driver’s name and address when liability for the toll included in the deferred toll amount was incurred.

(4) The notice may also require the person to pay an administration charge stated in the notice if there are any deferred toll amounts listed in the notice for which the person does not give a statutory declaration under subsection (3)(b).

(5) The person must comply with the notice unless the person has a reasonable excuse. Maximum penalty—15 penalty units.

(6) Payment of an administration charge required by the notice also satisfies the liability for the administration charge that arose under section 98(1)(b) in relation to each toll included in a deferred toll amount listed in the notice.

101A Single notice under ss 101 and 105ZK

(1) A single notice may be given to a person that is a notice under section 101 and a notice under section 105ZK.

(2) If a single notice is given, only 1 administration charge for the notice may be charged.

(3) Payment of an administration charge mentioned in subsection (2) is taken to be payment of the administration charge under both section 101(4) and section 105ZK(4).

34 Amendment of s 105 (Evidence and procedure)

(1) Section 105(1)(c)(vi)—omit, insert—

(vi) an administration charge payable under a notice given under section 99 or 101 has not been paid;

(via) a user administration charge for a toll has not been paid;

(2) Section 105(1)(c)(via) to (viii)—renumber as section 105(1)(c)(vii) to (ix).

35 Amendment of s 105B (Definitions for pt 8)

Section 105B—

insert—

"image processing fee" see section 105ZB(6)(a).

36 Amendment of s 105ZB (Local government to give notice of tolling matters)

Section 105ZB(5) and (6)—

omit, insert—

(5) An administration charge under the notice under subsection (1) must not be more than the reasonable cost, under this division, of—

(a) issuing a notice about an unpaid toll; and

(b) collecting the unpaid toll, an image processing fee for the toll and the administration charge.

(6) A user administration charge, under the notice under subsection (1), for a toll—

(a) may include a fee (an
"image processing fee") that is not more than the reasonable cost of capturing, processing and using an image to identify a vehicle at a toll plaza for the toll; and

(b) so far as it does not comprise an image processing fee, must not be more than the reasonable cost, under this division, of administering and collecting payment of the toll.

(7) A reference in the notice under subsection (1) to a video matching fee is taken to be a reference to an image processing fee.

37 Amendment of s 105ZF (Definition for sdiv 3)

Section 105ZF, definition
"deferred toll amount", paragraph (b)—

omit, insert —

(b) the amount of the image processing fee for the toll.

38 Amendment of s 105ZG (Liability for administration charge in addition to unpaid toll)

(1) Section 105ZG, heading, after ‘Liability for’—insert —image processing fee and

(2) Section 105ZG(1), ‘of the administration charge for the toll.’—omit, insert —of—

(a) the image processing fee for the toll; and

(b) an administration charge.

(3) Section 105ZG(2), ‘administration charge for the toll’—omit, insert —image processing fee or administration charge

39 Replacement of s 105ZH (Notice to vehicle’s registered operator)

Section 105ZH—

omit, insert—

105ZH Notice to vehicle’s registered operator

(1) The local government tollway operator may give the registered operator of the vehicle a written notice in the approved form under this section if the local government tollway operator has not received the deferred toll amount.

(2) The notice may be given for 1 or more deferred toll amounts but may only include 1 administration charge.

(3) The notice must require the registered operator to do either of the following, within the prescribed time, for each deferred toll amount listed in the notice—

(a) pay the deferred toll amount to the local government tollway operator;

(b) give the local government tollway operator the registered operator’s statutory declaration in the approved form containing information that—

(i) if the registered operator is an individual—establishes, to the extent it is reasonably practicable for the registered operator to do so, that the registered operator was not the driver when liability for the toll included in the deferred toll amount was incurred; and

(ii) gives the local government tollway operator all the help the registered operator can reasonably give for establishing the driver’s name and address when liability for the toll included in the deferred toll amount was incurred.

(4) The notice may also require the registered operator to pay an administration charge stated in the notice if there are any deferred toll amounts listed in the notice for which the registered operator does not give a statutory declaration under subsection (3)(b).

(5) The registered operator must comply with the notice unless the registered operator has a reasonable excuse. Maximum penalty—15 penalty units.

(6) Payment of an administration charge required by the notice also satisfies the liability for the administration charge that arose under section 105ZG(1)(b) in relation to each toll included in a deferred toll amount listed in the notice.

(7) For giving the notice, the registered operator’s address for service may be taken to be a residential, postal or business address recorded for the registered operator under the registration Act applying to the designated vehicle’s registration.

(8) Section 99AA provides for giving a single notice under section 99 and this section.

40 Amendment of s 105ZI (Corporation may be taken to be driver of vehicle)

Section 105ZI(1)(b), ‘section 105ZH(2)(b)(ii)’—

omit, insert—

section 105ZH(3)(b)(ii)

41 Replacement of s 105ZK (Notice to person identified as driver)

Section 105ZK—

omit, insert—

105ZK Notice to person identified as driver

(1) The local government tollway operator may give a notice in the approved form to a person under this section if the local government tollway operator—

(a) has not received the deferred toll amount; and

(b) considers, on reasonable grounds, it has correctly identified the person as the driver.

(2) The notice may be given for 1 or more deferred toll amounts but may only include 1 administration charge.

(3) The notice must require the person to do either of the following, within the prescribed time, for each deferred toll amount listed in the notice—

(a) pay the deferred toll amount to the local government tollway operator;

(b) give the local government tollway operator the person’s statutory declaration in the approved form containing information that—

(i) establishes, to the extent it is reasonably practicable for the person to do so, that the person was not the driver when liability for the toll included in the deferred toll amount was incurred; and

(ii) gives the local government tollway operator all the help the person can reasonably give for establishing the driver’s name and address when liability for the toll included in the deferred toll amount was incurred.

(4) The notice may also require the person to pay an administration charge stated in the notice if there are any deferred toll amounts listed in the notice for which the person does not give a statutory declaration under subsection (3)(b).

(5) The person must comply with the notice unless the person has a reasonable excuse. Maximum penalty—15 penalty units.

(6) Payment of an administration charge required by the notice also satisfies the liability for the administration charge that arose under section 105ZG(1)(b) in relation to each toll included in a deferred toll amount listed in the notice.

(7) Section 101A provides for giving a single notice under section 101 and this section.

42 Amendment of s 105ZO (Evidence and procedure)

(1) Section 105ZO(1)(c)(vi)—omit, insert—

(vi) an administration charge payable under a notice given under section 105ZH or 105ZK has not been paid;

(2) Section 105ZO(1)(c)(vii), ‘the user’—omit, insert—a user

43 Amendment of sch 5 (Tolling matters for toll road or local government tollway)

Schedule 5, item 5, ‘unpaid toll’—

omit, insert—

unpaid deferred toll amount

44 Amendment of sch 6 (Dictionary)

(1) Schedule 6, definition
"administration charge" —omit.

(2) Schedule 6—insert—

"administration charge" means an administration charge set in relation to non-payment of a deferred toll amount.

"image processing fee" —

(a) for part 7—see section 93(6)(a); or

(b) for part 8—see section 105ZB(6)(a).

45 Act amended

This part amends the Youth Justice Act 1992.

46 Amendment of s 254 (Disqualification)

(1) Section 254(1), definition
"disqualified", ‘driver’s’—omit, insert—driver

(2) Section 254(3)(a), after ‘child’—insert—aged less than 17 years

(3) Section 254—insert—

(3A) If—

(a) a child aged at least 17 years is found guilty of an offence under the Criminal Code, Transport Operations (Road Use Management) Act 1995 or another Act; and

(b) were the child convicted of the offence as an adult, the child would be disqualified by the conviction by operation of law;

the child is also disqualified to the same extent.

(4) Section 254(4) and (5), ‘subsection (6)’—omit, insert—subsection (7)

(5) Section 254(6)—omit, insert—

(6) Subsections (5) and (6) apply only if the child is of an age when persons generally are eligible to obtain a driver licence.

(6) Section 254(3A) to (6)—renumber as section 254(4) to (7).