Western Australian Current Acts

TOWING SERVICES ACT 2024

TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary  

   1.      Short title
            
   2.      Commencement
            
   3.      Objects of Act
            
   4.      Terms used
            
   5.      Towing of vehicles
            
   6.      Vehicle crashes and crash towing
            
   7.      Breakdown towing
            
   8.      Regulated towing and regulated towing businesses
            
   9.      Determination of whether persons are fit and proper
            
   10.     Determination of whether grant or continuation of towing industry authorisation contrary to public interest
            
   11.     Act binds Crown

   PART 2 -- Towing businesses

           Division 2 -- Offences and related matters  

   15.     Release from storage
            
   16.     Moving vehicle from storage yard

   PART 3 -- Towing workers

           Division 1 -- Offences and related matters  

   40.     Towing vehicle without authorisation and powers to authorise

   PART 4 -- Fees and charges in relation to towing  

   68.     Spotter fees prohibited
            
   69.     Regulations may prohibit or restrict towing and storage charges

   PART 5 -- Confidentiality and exchange of information

           Division 1 -- Preliminary  

   70.     Terms used

           Division 2 -- Confidentiality and disclosure of information  

   71.     Confidentiality
            
   74.     Use of and access to information disclosed or obtained under this PART

           Division 3 -- Exchange of information  

   76.     Persons in relation to whom information may be exchanged
            
   77.     Exchange of information between CEO and Commissioner of Police
            
   78.     Exchange of information between CEO and road traffic CEO
            
   79.     Exchange of information between CEO and relevant authority
            
   80.     Disclosure of information to body or person with whom agreement is made
            
   81.     Disclosure of information to law enforcement official
            
   82.     Exchange of information between CEO and interstate towing authority
            
   83.     Disclosures under this Part free of charge

   PART 6 -- Enforcement

           Division 1 -- Preliminary  

   84.     Terms used

           Division 2 -- Authorised officers

              Subdivision 1 -- Designation  

   85.     Authorised officers

              Subdivision 2 -- General powers  

   86.     Purposes for which powers of authorised officers may be exercised
            
   87.     Powers in relation to vehicles
            
   88.     Directions to persons and related matters
            
   89.     Entry of premises
            
   90.     Requirement to comply with directions
            
   91.     Assistance to exercise powers
            
   92.     Duty to identify driver or person in charge of vehicle
            
   93.     Duty to take reasonable measures to be able to comply with identity request
            
   94.     Offences

           Division 3 -- Entry warrants  

   95.     Terms used
            
   96.     Applications for entry warrant
            
   97.     Applications to be in person unless urgent
            
   98.     Applications to be in writing unless made remotely
            
   99.     Applications to be on oath unless made remotely
            
   100.    Form of entry warrants made remotely
            
   101.    Evidence obtained inadmissible if failure to comply with section 99(2)(b) or 100(1)(b)
            
           102. Issue and content of entry warrants
            
   103.    Effect of entry warrants

           Division 4 -- Obtaining business records  

   104.    Terms used
            
   105.    Application of this Division
            
   106.    Application for orders to produce
            
   107.    Issue of orders to produce
            
   108.    Service of orders to produce
            
   109.    Effect of orders to produce
            
   110.    Powers in relation to order to produce

           Division 5 -- Seizing things and related matters

              Subdivision 1 -- Seizing of things  

   111.    Application
            
   112.    Grounds for seizing things
            
   113.    Records relevant to offence
            
   114.    Seizing of devices and equipment
            
   115.    Powers to facilitate seizing of records
            
   116.    List of seized things to be supplied on request

              Subdivision 2 -- Procedure on seizure of privileged material  

   117.    Terms used
            
   118.    Seizure or production of privileged material
            
   119.    Records must be secured
            
   120.    Applications to court
            
   121.    Decisions of court
            
   122.    Forensic examinations on records
            
   123.    Ancillary orders
            
   124.    Proceedings part of criminal jurisdiction
            
   125.    Appeals

              Subdivision 3 -- Return or disposal of seized things  

   126.    Return or disposal of seized things

           Division 6 -- Improvement notices  

   127.    Issue of improvement notices
            
   128.    Contents of improvement notices
            
   129.    Compliance with improvement notice
            
   130.    Extension of time for compliance, amendment and revocation
            
   131.    Affixing sticker to tow truck

           Division 7 -- Offences  

   132.    Liability of officers for offence by body corporate
            
   133.    When prosecution can be commenced

           Division 8 -- Evidentiary provisions  

   134.    Evidentiary certificates: records and authorisation
            
   135.    Evidentiary certificates: specific matters
            
   136.    Proof of certain matters not required in legal proceedings
            
   137.    Proof of appointments and signatures unnecessary

           Division 9 -- Infringement notices and Criminal Procedure Act 2004  

   138.    Infringement notices and Criminal Procedure Act 2004

   PART 7 -- Review of decisions  

   139.    Term used: reviewable decision
            
   140.    Reconsideration of reviewable decisions
            
   141.    Application to State Administrative Tribunal for review

   PART 8 -- Regulations

           Division 1 -- General  

   142.    Regulations
            
   143.     Regulations may refer to published documents

           Division 2 -- Safety standards  

   144.    Safety standards for towing service providers
            
   145.    Safety standards for towing workers
            
   146.    Safety standard offences
            
   147.    Reasonable steps defence

           Division 3 -- Safety management systems  

   148.    Safety management systems for towing service providers

           Division 4 -- Towing industry authorisations  

   149.    Towing industry authorisations
            
   150.    Disqualification offences
            
   151.    Prescribed disqualification periods and reinstatement

           Division 5 -- Towing businesses, towing workers and authorisations to tow vehicles  

   152.    Towing businesses
            
   153.    Towing workers
            
   154.    Authorisations to tow vehicles

   PART 9 -- Miscellaneous  

   155.    Giving documents
            
   156.    Delegation by CEO or Commissioner of Main Roads
            
   157.    CEO may enter into agreements for performance of functions
            
   158.    Protection from personal liability
            
   159.    Protection of people testing or examining or giving certain information
            
   160.    False or misleading information
            
   161.    Exemption from requirements of this Act

   PART 10 -- Transitional provisions  

   163.    Convictions of disqualification offences before commencement day
            
   164.    Transitional regulations

   PART 11 -- Other Acts amended

           Division 1 -- Criminal Organisations Control Act 2012 amended  

   165.    Act amended
            
   166.    Section 80 amended

           Division 2 -- Road Traffic Act 1974 amended  

   167.    Act amended
            
   168.    Section 91 amended
            
   169.    Section 96 amended

           Division 3 -- Road Traffic (Administration) Act 2008 amended  

   170.    Act amended
            
   171.    Section 12 amended
            
   172.    Section 110 amended

           Division 5 -- State Administrative Tribunal Act 2004 amended  

   176.    Act amended
            
   177.    Schedule 1 amended
            
           Uncommenced provisions table
           Defined terms