1Short title

This is the Towing Services Act 2024.

2Commencement

This Act comes into operation as follows —

(a)

Part 1 — on the day on which this Act receives the Royal Assent (assent day);

(b)

Part 4 (but only section 68) — on the day after assent day;

(c)

the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.

3Objects of Act

The objects of this Act are —

(a)

to promote the safe, fair and efficient provision of services for regulated towing at a reasonable cost to consumers; and

(b)

to improve and maintain the reputation of the towing industry.

4Terms used

In this Act —

approved form means a form approved by the CEO and published on the Department’s website;

approved medical report means a report complying with the requirements of the regulations for a medical report;

Australian driver licence means —

(a)

a driver’s licence; or

(b)

a licence or other authorisation granted to a person under a law of another State or a Territory authorising the person to drive a motor vehicle on a road other than solely for the purpose of learning to drive a motor vehicle;

authorised officer has the meaning given in section 85(1);

authorised towing service provider means the holder of a towing business authorisation;

authorised towing worker means the holder of a towing worker authorisation;

authority to tow has the meaning given in section 40(1);

breakdown towing has the meaning given in section 7;

CEO means the chief executive officer of the Department;

close associate, in relation to an applicant for a towing business authorisation or an authorised towing service provider, has the meaning given in section 12;

Commissioner of Main Roads means the Commissioner of Main Roads appointed under the Main Roads Act 1930;

Commissioner of Police means the person holding or acting in the office of Commissioner of Police under the Police Act 1892;

conviction includes a finding of guilt, or the acceptance of a guilty plea, whether or not a conviction is recorded;

crash towing has the meaning given in section 6(2) and (3);

criminal record check means a document issued by the Police Force of Western Australia, the Australian Federal Police or another body or agency approved by the CEO that sets out, or summarises in a manner acceptable to the CEO, the convictions of a person for offences under a law of this State, the Commonwealth, another State or a Territory;

Department means the department of the Public Service principally assisting the Minister in the administration of this Act;

disqualification offence has the meaning given in section 150(4);

driver’s licence has the meaning given in the Road Traffic (Authorisation to Drive) Act 2008 section 3(1);

engage in towing work means to do any of the following —

(a)

operate a tow truck;

(b)

load a vehicle onto a tow truck;

(c)

tow a vehicle using a tow truck;

(d)

assist or accompany any person in the execution of an act described in paragraph (a), (b) or (c);

infringement notice means a notice issued to a person under a written law —

(a)

alleging the commission of an offence; and

(b)

offering the person an opportunity, by paying an amount of money prescribed under the written law and specified in the notice, to have that matter dealt with out of court;

interstate towing worker authorisation means an authorisation issued under a law of another State or a Territory that —

(a)

authorises a person to operate, or assist in the operation of, a tow truck; and

(b)

meets any criteria prescribed by the regulations;

medical practitioner means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession;

motor vehicle has the meaning given in the Road Traffic (Administration) Act 2008 section 4;

officer —

(a)

in relation to a towing service provider that is a body corporate, has the same meaning as it has in relation to a corporation under the Corporations Act 2001 (Commonwealth) section 9AD; or

(b)

in relation to any other towing service provider, means an individual who has the capacity to make decisions in relation to the operations of the towing service provider;

operate, in relation to a tow truck, includes to drive the tow truck and to operate any carrying, lifting or towing mechanism of the tow truck;

prescribed disqualification period, in relation to a disqualification offence, has the meaning given in section 151(3);

public entity means —

(a)

an agency or a non‑SES organisation, as those terms are defined in the Public Sector Management Act 1994 section 3(1); or

(b)

a body (whether incorporated or not), or the holder of an office, that is established or continued for a public purpose under a written law; or

(c)

a local government, regional local government or regional subsidiary; or

(d)

a person or body prescribed, or a person or body of a class prescribed, by the regulations;

public place means a place to which the public is permitted, whether on payment of a fee or otherwise, to have access;

regulated towing has the meaning given in section 8(1);

regulated towing business has the meaning given in section 8(2);

relevant person, for a vehicle, means —

(a)

a person who is entitled to the immediate possession of the vehicle; or

(b)

the driver of the vehicle;

responsible officer, in relation to an authorised towing service provider, means —

(a)

an individual nominated by the towing service provider in the application for the towing business authorisation under section 17(4)(c) and whose nomination has not ceased under the regulations; or

(b)

an individual who has been nominated to represent the authorised towing service provider in conducting the regulated towing business, and whose nomination has been accepted and has not ceased, under the regulations;

road has the meaning given in the Road Traffic (Administration) Act 2008 section 4;

safety standards means standards prescribed by regulations under Part 8 Division 2;

scene, in relation to a vehicle crash, means a place referred to in section 6(2)(a), (b), (c) or (d);

storage charge means any charge imposed on a relevant person for a vehicle for or in relation to any of the following —

(a)

the storage, release or viewing of the vehicle after it has been towed;

(b)

access to the vehicle after it has been towed;

(c)

access to personal property that is or was in the vehicle after it has been towed;

storage yard —

(a)

means premises used, or intended to be used, to store vehicles that have been towed; but

(b)

does not include premises of a class prescribed by the regulations;

Territory means an internal Territory as defined in the Acts Interpretation Act 1901 (Commonwealth) section 2B;

tow, in relation to a vehicle, has the meaning given in section 5;

towing business means a business of providing a service of towing vehicles within the State;

towing business authorisation means an authorisation under Part 2 to conduct a regulated towing business;

towing charge —

(a)

means any charge imposed on a relevant person for a vehicle for or in relation to towing the vehicle, including, without limitation, a charge for any of the following —

(i)

loading the vehicle onto a tow truck;

(ii)

towing the vehicle;

(iii)

unloading the vehicle from a tow truck;

but

(b)

does not include a storage charge;

towing industry authorisation means —

(a)

a towing business authorisation; or

(b)

a towing worker authorisation;

towing service provider means a person who conducts a towing business;

towing worker means an individual who engages in towing work;

towing worker authorisation means an authorisation under Part 3 to engage in towing work for the purposes of a regulated towing business;

towing worker authorisation document means a document issued under section 48;

tow truck —

(a)

means a motor vehicle used, or intended to be used, to tow a vehicle; but

(b)

does not include a vehicle of a class prescribed by the regulations;

traffic record check means a document issued by the Police Force of Western Australia or another body or agency approved by the CEO that sets out, or summarises in a manner acceptable to the CEO, either or both of the following —

(a)

the convictions of an individual for driving‑related offences under a law of this State, another State or a Territory;

(b)

each of the following —

(i)

the infringement notices issued to an individual for alleged driving‑related offences under a law of this State;

(ii)

the notices of an equivalent kind to those described in subparagraph (i) issued to an individual for alleged driving‑related offences under a law of another State or a Territory;

vehicle —

(a)

has the meaning given in the Road Traffic (Administration) Act 2008 section 4; but

(b)

does not include any thing of a class prescribed by the regulations;

vehicle crash has the meaning given in section 6(1).

5Towing of vehicles

In this Act —

tow, in relation to a vehicle —

(a)

includes to do any of the following —

(i)

carry the vehicle;

(ii)

lift and tow the vehicle;

(iii)

lift and carry the vehicle;

(iv)

lift the vehicle for the purpose of towing it;

but

(b)

does not include to do an act of a class prescribed by the regulations.

6Vehicle crashes and crash towing

(1)

A vehicle crash is a collision or impact that —

(a)

results in damage to a vehicle; and

(b)

occurs —

(i)

on a road or in a public place; or

(ii)

in a place other than on a road or in a public place if, immediately before the collision or impact, a vehicle involved in the collision or impact was on a road or in a public place.

(2)

Crash towing is the towing of a vehicle that has been involved in a vehicle crash from —

(a)

the place where the collision or impact occurred; or

(b)

a place within a 2 km radius of the place where the collision or impact occurred; or

(c)

a place to which the vehicle has been moved —

(i)

by or with the authority of a public entity or a person employed in, or engaged for the purposes of, a public entity; and

(ii)

for the purpose of preventing or minimising any harm, risk, hazard or obstruction caused by the vehicle;

(d)

a place within a 2 km radius of a place referred to in paragraph (c).

(3)

Despite subsection (2), crash towing does not include towing of a class prescribed by the regulations.

7Breakdown towing

Breakdown towing —

(a)

is the towing of a vehicle that is broken down, bogged or stranded on a road or in a public place; but

(b)

does not include towing of a class prescribed by the regulations.

8Regulated towing and regulated towing businesses

(1)

Regulated towing —

(a)

means crash towing; and

(b)

if the regulations so provide, includes breakdown towing; but

(c)

does not include any towing to which the Road Traffic Act 1974 Part 6A Division 3 applies under section 96 of that Act.

(2)

A towing business is a regulated towing business to the extent that it provides a service of regulated towing.

(3)

Subsection (2) applies to a service of regulated towing even if the service is provided to or on behalf of a public entity in relation to the performance of that entity’s functions under a written law.

9Determination of whether persons are fit and proper

(1)

This section applies to a determination for the purposes of this Act of whether a person is a fit and proper person to do any of the following —

(a)

conduct a regulated towing business;

(b)

represent a towing service provider in the conduct of a regulated towing business;

(c)

engage in towing work for the purposes of a regulated towing business.

(2)

Without limitation, a person is not a fit and proper person unless the person is of good repute, having regard to the person’s character, honesty and integrity.

(3)

In the case of a determination of whether an applicant for a towing business authorisation, or an authorised towing service provider, is a fit and proper person to conduct a regulated towing business, the person is also not a fit and proper person if any close associate of the person is not of good repute, having regard to the close associate’s character, honesty and integrity.

(4)

In determining whether a person is a fit and proper person the CEO may have regard to —

(a)

any matters the CEO considers relevant; and

(b)

any matters prescribed by the regulations.

(5)

Without limiting subsection (4), in determining whether an applicant for a towing worker authorisation, or an authorised towing worker, is a fit and proper person to engage in towing work for the purposes of a regulated towing business, the matters to which the CEO may have regard include —

(a)

the physical and mental fitness of the person; and

(b)

any approved medical report on the person required by the regulations; and

(c)

any other relevant matters.

10Determination of whether grant or continuation of towing industry authorisation contrary to public interest

A determination for the purposes of this Act of whether the grant, or continuation in force, of a towing industry authorisation is contrary to the public interest must be made having regard to the need for the creation and maintenance of public confidence and trust in the credibility and integrity of the towing industry.

11Act binds Crown

This Act binds the Crown in right of Western Australia and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

12Close associates

(1)

In this section —

financial institution means an authorised deposit‑taking institution as defined in the Banking Act 1959 (Commonwealth) section 5(1);

relevant financial interest, in relation to a towing business, means —

(a)

any share in the capital of the towing business; or

(b)

any entitlement to receive any income derived from the towing business, or to receive any other financial benefit or financial advantage from the towing business, whether the entitlement arises at law or in equity or otherwise; or

(c)

any entitlement to receive any rent, profit or other income in connection with the use or occupation of premises on or from which the towing business is or is to be conducted (for example, an entitlement of the owner of the premises from which the towing business is conducted to receive rent as lessor of the premises);

relevant position means —

(a)

the position of director, manager or corporate secretary; or

(b)

any other position, however designated, if it is an executive position;

relevant power means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others —

(a)

to participate in any directorial, managerial or executive decision; or

(b)

to elect or appoint any person to a relevant position.

(2)

A person is a close associate of an applicant for a towing business authorisation, or an authorised towing service provider, if the person —

(a)

holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in the person’s own right or on behalf of any other person), in relation to the towing business, and by virtue of that interest or power is or will be able (in the opinion of the CEO) to exercise a significant influence over or in relation to the management or operation of the towing business; or

(b)

holds or will hold any relevant position, whether in the person’s own right or on behalf of any other person, in the towing business; or

(c)

is or will be engaged as a contractor under a contract for services or employed in the towing business.

(3)

A financial institution is not a close associate of an applicant for a towing business authorisation, or an authorised towing service provider, by reason only of having a relevant financial interest in relation to the towing business.

(4)

This section applies to relevant financial interests and relevant powers even if those interests and powers are not payable, exercisable or otherwise enforceable as a matter of law or equity but are payable, exercisable or otherwise enforceable as a matter of fact.

Towing Services Act 2024

About this Act

Regulations and instruments made under this Act

Bill & explanatory material

This Act’s bill