Tow Truck Act 2023

In deciding whether a person is an appropriate person to hold or continue to hold an accreditation, the chief executive must have regard to the following matters—

the person’s criminal history;

whether an accreditation held by the person has been cancelled or suspended and, if so, why the accreditation was cancelled or suspended;

the person’s conduct while carrying out activities under an accreditation;

whether the person has engaged in aggressive, threatening or otherwise inappropriate behaviour towards—

an authorised officer; or

a public service employee performing functions under or relating to the administration of this Act;

whether the person is, or has been, the subject of a control order or a registered corresponding control order;

if the person is a corporation—

the criminal history of each executive officer of the corporation; and

whether an accreditation held by an executive officer of the corporation has been cancelled or suspended and, if so, why the accreditation was cancelled or suspended; and

whether an executive officer of the corporation is, or has been, an executive officer of another corporation whose accreditation has been cancelled or suspended and, if so, why the accreditation was cancelled or suspended; and

the conduct of each executive officer of the corporation while carrying out activities under an accreditation; and

whether an executive officer of the corporation has engaged in aggressive, threatening or otherwise inappropriate behaviour towards a person mentioned in paragraph (d)(i) or (ii); and

whether an executive officer of the corporation is, or has been, the subject of a control order or a registered corresponding control order;

if the accreditation is a driver accreditation—the person’s traffic history under the Transport Operations (Road Use Management) Act 1995;

any other matter prescribed by regulation.

Subject to section 15, the chief executive may also have regard to any other matter the chief executive considers relevant.

In subsection (1)(b), (c) and (f), a reference to an accreditation includes an assistant’s certificate, driver’s certificate and licence under the repealed Act.