Ministerial authorisation for the issue of regular tow truck licences
14 Ministerial authorisation for the issue of regular tow truck licences
The Minister may authorise the issuing of regular tow truck licences for an area.
The Minister must not make an authorisation under this section for the whole or any part of a controlled area unless—
S. 14(2)(a) amended by No. 28/2009 s. 64(1).
the Minister considers it to be in the public interest to do so having regard to any increase in the need for tow trucks operating under regular tow truck licences in the area; or
the licences to be issued are to replace licences that have been cancelled for the area; or
the Minister considers that there are exceptional circumstances in the area that justify the further issue of regular tow truck licences for the area; or
S. 14(2)(d) amended by No. 8/2019 s. 84(1).
in the case of the Link road or the Extension road, the licences are to be issued to—
a relevant agency; or
a person who is contracted by a relevant agency to provide accident towing services for the whole or a part of the Link road or Extension road—
and the Minister is of the opinion that the issue of the licences is necessary to enable the relevant agency or person contracted to the relevant agency to perform its obligations, exercise its rights or carry out its functions under this Act or the Melbourne City Link Act 1995, regulations made under this Act or that Act or the Agreement or Extension Agreement within the meaning of that Act or under any other agreement between the State and the relevant agency that makes provision with respect to towing services on the Link road or the Extension road or any other designated road; or
S. 14(2)(e) amended by No. 8/2019 s. 84(2).
in the case of EastLink, the licences are to be issued to—
the Freeway Corporation within the meaning of the EastLink Project Act 2004; or
a person who is contracted by the Freeway Corporation to provide accident towing services for the whole or a part of Eastlink—
and the Minister is of the opinion that the issue of the licences is necessary to enable the Freeway Corporation or person contracted to the Freeway Corporation to perform its obligations, exercise its rights or carry out its functions under this Act or the EastLink Project Act 2004, regulations made under this Act or that Act or the Agreement within the meaning of that Act or under any other agreement between the State and the Freeway Corporation that makes provision with respect to towing services on the EastLink or any other designated road; or
S. 14(2)(f) inserted by No. 8/2019 s. 84(3), amended by No. 18/2020 s. 119(1)(a).
in the case of the West Gate Tunnel tollway, the licences are to be issued to—
a relevant West Gate Tunnel agency; or
a person who is contracted by the relevant West Gate Tunnel agency to provide accident towing services for the whole or a part of the West Gate Tunnel tollway—
and the Minister is of the opinion that the issue of the licences is necessary to enable the relevant West Gate Tunnel agency or person contracted to the relevant West Gate Tunnel agency to perform its obligations, exercise its rights or carry out its functions under this Act or the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019 or regulations made under this Act or that Act or the West Gate Tunnel Agreement within the meaning of that Act or under any other agreement between the State and the relevant West Gate Tunnel agency that makes provision with respect to towing services on the West Gate Tunnel tollway or any other designated road;
S. 14(2)(g) inserted by No. 18/2020 s. 119(1)(b).
in the case of the North East Link road, the licences are to be issued to—
a relevant North East Link agency; or
a person who is contracted by the relevant North East Link agency to provide accident towing services for the whole or a part of the North East Link road—
and the Minister is of the opinion that the issue of the licences is necessary to enable the relevant North East Link agency or person contracted to the relevant North East Link agency to perform its obligations, exercise its rights or carry out its functions under this Act or the North East Link Act 2020 or regulations made under this Act or that Act or a North East Link operation and maintenance agreement within the meaning of that Act or under any other agreement entered into by the relevant North East Link agency that makes provision with respect to towing services on the North East Link road or any other designated road.
The Minister must not make an authorisation under this section for an area that is not within a controlled area unless—
S. 14(3)(a) amended by No. 28/2009 s. 64(2).
the Minister considers it to be in the public interest to do so having regard to the need for tow trucks operating under regular tow truck licences in the area; or
licences to be issued are to replace licences that have been cancelled for the area; or
the Minister considers that there are exceptional circumstances in the area to be specified in the licence that justify the further issue of regular tow truck licences for that area.
In making an authorisation under this section, the Minister must specify the number of licences that are authorised to be issued.
S. 14(5) amended by Nos 8/2019 s. 84(4), 18/2020 s. 119(2).
In making an authorisation to which subsection (2)(d), (2)(e), (2)(f) or (2)(g) applies—
S. 14(5)(a) amended by No. 49/2019 s. 140(Sch. 2 item 5).
the Minister may require the Secretary to impose the conditions, specified in the authorisation, on the licences; and
the Minister is not required to comply with section 16; and
the Minister may specify fees that are payable for the licences.
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