Fair Trading Legislation Amendment (Reform) Act 2018

A person may apply to the Secretary for an exemption from the requirement to hold a licence or a drivers certificate.

An application for an exemption must—

be in the approved form, and

be accompanied by the fee prescribed by the regulations, and

contain such other particulars as may be prescribed by the regulations or as are required by the approved form.

An exemption may, by notice in writing to the applicant, be granted—

in the circumstances prescribed by the regulations, and

subject to such conditions as may be determined by the Secretary and specified in the notice.

In addition to the conditions specified in the notice, an exemption is subject to the condition that evidence of the exemption must be—

carried at all times in each tow truck used in the business of the person who holds the exemption, and

produced to an authorised officer or police officer on demand whenever any such tow truck is being used.

The Secretary may, by notice in writing to the holder of an exemption, vary or revoke any of the conditions of the exemption if the Secretary is of the opinion that there are reasonable grounds for the variation or revocation.

The Secretary may, by notice in writing to the holder of an exemption, revoke the exemption if the Secretary—

is satisfied that the exemption is contrary to the public interest, or

is of the opinion that there are reasonable grounds for revoking the exemption.

A person who holds an exemption is guilty of an offence if a condition of the exemption is contravened.