Victorian Numbered Acts Victorian Numbered ActsAfter section 212 of the Accident Towing Services Act 2007 , insert —
(1) The Commission must, at the time specified in subsection (3), conduct and complete a review and make a recommendation to the Minister as to all of the following—
(a) whether or not any amount determined by the Minister under section 211 is appropriate;
(b) in relation to accident towing services, services relating to the storage of accident damaged vehicles and salvage services for which no amount has been determined under section 211—
(i) whether or not that service should be subject to a determination under that section; and
(ii) if the Commission considers that the service should be subject to a determination, what that determination should be;
(c) a figure for the productivity
adjustment of those services that are or are to be subject to a determination
under section 211;
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(d) in relation to accident towing services, the storage of accident damaged motor vehicles or salvage, any matter on which the Committee may advise, conduct inquiries or make recommendations under section 10 of the Essential Services Commission Act 2001 that the Minister specifies in writing.
(2) The Minister must consult with the Minister administering the Essential Services Commission Act 2001 before specifying a matter for review under subsection (1)(d).
(3) The Commission must conduct and complete a review and make a recommendation to the Minister under this section—
(a) not later than 30 June 2014; and
(b) before the expiry of each subsequent period of 4 years commencing from the date that the last review commenced.
(1) The Minister may at any time, by written direction, require the Commission to conduct and complete a review and make a recommendation to the Minister as to whether or not an amount determined under section 211 is appropriate.
(2) The Minister must consult with the Minister administering the Essential Services Commission Act 2001 before requiring the Commission to conduct a review and make a recommendation under subsection (1).
(3) A written direction under this section must specify terms of reference for the review.
(4) The Minister may—
(a) specify a period within which a recommendation is to be made to the Minister under subsection (1);
(b) require the Commission to make a draft copy of the recommendation publicly available or available to specified persons or bodies during the review;
(c) require the Commission to consider specified matters;
(d) give the Commission specific directions in respect of the conduct of the review;
(e) specify objectives that the Commission is to have in performing its functions and exercising its powers in relation to the review.
(5) If the Minister has directed a matter to the Commission for review under subsection (1), the Minister may, by written notice given to the Commission, withdraw or amend the direction at any time before the Minister has received the recommendation from the Commission.
(6) The Minister must cause notice of a direction given to the Commission under this section to be published on an Internet site maintained by VicRoads.
(1) Subject to this Act and any directions under section 212B, the Commission may conduct a review under this Division in any manner the Commission considers appropriate.
(2) In conducting a review, the Commission is not bound by the rules of evidence and may inform itself on any matter in any way it thinks fit.
(3) The Commission may receive written submissions or statements.
(4) If the Commission holds a public hearing—
(a) the Commission has a discretion as to whether any person may appear before the Commission in person or be represented by another person;
(b) the Commission may determine that the hearing, or part of the hearing, be held in private if it is satisfied that—
(i) it would be in the public interest; or
(ii) the evidence is of a confidential or commercially sensitive nature.
(5) In conducting a review, the Commission—
(a) may consult with any person that it considers appropriate;
(b) may hold public seminars and hold workshops;
(c) may establish working groups and task forces.
Except to the extent (if any) that the Minister otherwise determines, the objectives of the Commission under the Essential Services Commission Act 2001 or any other Act do not apply to the functions and powers of the Commission under this Division.
(1) The Commission may serve upon any person—
(a) a notice requiring that person to provide evidence in writing;
(b) a notice to produce specified documents;
(c) a summons to appear before the Commission to provide evidence.
(2) The Commission may make an order for the manner of service, including substituted service, of a notice or summons under subsection (1).
(3) A person must not, without lawful excuse, fail to comply with a notice or summons of the Commission.
Penalty: 60 penalty units.
(4) It is a lawful excuse for the purposes of subsection (3) that compliance may tend to incriminate the person or make the person liable to a penalty or forfeiture.
(5) A person must not give information to the Commission that he or she knows is false or misleading.
Penalty: 120 penalty units or imprisonment for 6 months.
(6) A person must not—
(a) threaten, intimidate or coerce
another person; or
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(b) take, threaten to take, incite or be involved in any action that causes another person to suffer any loss, injury or disadvantage—
because that other person assisted, or intends to assist, any review conducted by the Commission.
Penalty: 120 penalty units.
(7) Civil proceedings do not lie against a person in respect of loss, damage or injury of any kind suffered by another person because of the making in good faith of a statement, or the giving in good faith of a document or information, to the Commission in connection with a review under this Division, whether or not the statement is made, or the document or information is given, in connection with a written submission or a public hearing.
(1) The Commission must submit a copy of its recommendation under section 212A or 212B to the Minister.
(2) If, in the opinion of the Commission, a recommendation will contain confidential or commercially sensitive information, the Commission must divide the recommendation into—
(a) a document containing the confidential or commercially sensitive information; and
(b) another document containing the rest of the recommendation.
(3) Any information that the Commission may disclose under section 38 of the Essential Services Commission Act 2001 is not confidential or commercially sensitive for the purposes of subsection (2) unless an appeal panel, within the meaning of that Act, states that it is imposing a restriction under section 56(7)(b)(i) of that Act.
(1) The Minister must cause a copy of a recommendation submitted under section 212F to be laid before each House of the Parliament within 7 sitting days of the House after receiving the recommendation.
(2) The Minister must, after the recommendation has been laid before each House of the Parliament, or if the Parliament is not sitting, within 30 days after receiving a recommendation, ensure that a copy of the recommendation is available for public inspection.
(3) After the Minister has made a recommendation publicly available, the Commission must ensure that copies are made publicly available.
(4) If the Commission submits a recommendation to the Minister in the form required by section 212F(2), a reference to the recommendation in subsections (1), (2) and (3) is to be read as a reference to the document described in section 212F(2)(b).
(1) Subject to subsection (2), an amount of a charge determined under section 211 must be varied, in respect of each financial year, in accordance with the formula—
where—
"A" is the amount of the charge for the financial year immediately preceding the relevant year;
"B" is the transportation group consumer price index for Melbourne published by the Australian Statistician in respect of the March quarter of the financial year immediately preceding the relevant year;
"C" is the transportation group consumer price index for Melbourne published by the Australian Statistician in respect of the March quarter of the financial year immediately preceding the financial year preceding the relevant year;
"D" is the productivity adjustment figure specified in the recommendation under section 212A most recently made by the Commission or, if the Commission has not made a recommendation under section 212A that relates to the relevant year, "D" is 0∙005.
(2) If it is necessary for the purposes of this section to calculate an amount that consists of or includes a fraction of a whole dollar, the amount is taken to be calculated in accordance with this section if the calculation is made to the nearest whole 10 cents.
(3) If the variation under subsection (1) of the amount of a charge would reduce the amount of that charge, the amount of the charge must not be varied under subsection (1).
(4) If the amount of a charge is varied under subsection (1), VicRoads must publish a notice in the Government Gazette specifying—
(a) the service to which the charge relates; and
(b) the amount of the charge as varied; and
(c) the date from which the charge as varied applies.
(5) In this section—
"March quarter" means the period of three months in any year that ends on 31 March;
"relevant year" means the financial year for which the adjusted amount is being varied.
(1) A person must not charge an amount for the provision of an accident towing service, for the storage of an accident damaged motor vehicle or for the provision of salvage services unless—
(a) if a determination for the service has been made under section 211, the charge is determined in accordance with that determination; or
(b) if no determination for the
service has been made under section 211, the charge is a reasonable charge for
the provision of that service.
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Penalty: 30 penalty units.
(2) Without limiting the factors the court may consider in determining what is a reasonable charge for the provision of an accident towing service for the purposes of subsection (1)(b), the court must consider those of the following factors that are relevant—
(a) the nature of the service provided;
(b) the day on which the service is provided;
(c) the time at which the service is provided;
(d) any administration costs incurred in the provision of the service;
(e) the amount that would be charged for the provision of a similar service that is not an accident towing service;
(f) the amount that would be charged for the same or similar service by any other person providing accident towing services in the same or similar area.
(3) In any proceedings against a person for an offence under subsection (1), if the offence is proved, the court may order that person to refund any amount paid in excess of the amount that may be charged under subsection (1).
A person must not, so as to obtain any work in respect of an accident damaged motor vehicle, offer to pay any consideration, other than any charges for the towing or storage of the motor vehicle charged in accordance with this Act.
Penalty: 30 penalty units.
A person must not, so as to hand over any work to another in respect of an accident damaged motor vehicle, receive any consideration, other than any charges for the towing or storage of the motor vehicle charged in accordance with this Act.
Penalty: 30 penalty units.".