Tow Truck Act 2023

The Governor in Council may make regulations under this Act.

A regulation may make provision about the following—

the making of an application under part 2, including when the application is taken to have been withdrawn;

the giving, renewal and amendment of accreditations, including—

the form of an accreditation document; and

the information, codes and expressions that may be included in an accreditation document; and

the identification of the holder of an accreditation in an accreditation document;

the replacement of accreditation documents;

the obligations, duties and standards of conduct of persons who hold an accreditation;

the auditing by the chief executive of accreditation holders for compliance with this Act, including compliance with the conditions of an accreditation;

requirements in relation to the carrying out of regulated towing, including regulated towing that involves providing a tow to safety service;

obtaining and dealing with towing authorities;

requirements in relation to the storage and release of motor vehicles towed under an operator accreditation and movable property inside the vehicles, including requirements in relation to holding yards;

the making of an exemption application, including when an exemption application is taken to be withdrawn, and the revocation of exemption decisions;

the notification of a change of personal particulars, including notification of a change to the executive officers of a corporation or a change to a partnership;

the carrying, keeping, production, return and destruction of documents under this Act;

the damaging of documents under this Act;

the things for which a person may or must not impose a charge, and the maximum and minimum amounts for a charge;

the classification of tow trucks, and specifications and requirements for tow trucks, including requirements in relation to the disposal of an authorised tow truck for an operator accreditation;

the possession by a person of—

someone else’s accreditation document or a part of the accreditation document; or

a document purporting to be an accreditation document or part of an accreditation document;

obtaining or attempting to obtain a person’s authority to repair a motor vehicle damaged in an incident in a regulated area while the vehicle is at the scene of the incident or being towed by a tow truck;

the giving or receiving of consideration—

for the purpose of enabling a person to obtain a towing authority for a motor vehicle; or

in exchange for information or advice for the purpose of enabling a person to obtain the work of carrying out private property towing;

the giving of consideration to the holder of an accreditation, or the receipt of consideration by the holder of an accreditation, for the purpose of obtaining work or business for a person other than the holder.

Also, a regulation may—

prescribe fees payable under this Act and provide for the fees to be refunded or waived; and

provide for a maximum penalty of 80 penalty units for a contravention of a regulation.

In this section—

give, in relation to consideration, includes agree or offer to give.

receive, in relation to consideration, includes agree or offer to receive.