Section 1 — Short title — Towing Services Act 2024 (Western Australia) — Barrister AI

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Section 1 — Short title — Towing Services Act 2024 (Western Australia) — Barrister AI

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s 1Short title s 2Commencement s 3Objects of Act s 4Terms used s 5Towing of vehicles s 6Vehicle crashes and crash towing s 7Breakdown towing s 8Regulated towing and regulated towing businesses s 9Determination of whether persons are fit and proper s 10Determination of whether grant or continuation of towing industry authorisation contrary to public interest s 11Act binds Crown s 12Close associates s 13Towing service provider must be authorised s 14Towing service provider must comply with authorisation conditions s 15Release from storage s 16Moving vehicle from storage yard s 17Application for towing business authorisation s 18Responsible officers s 19Grant of authorisation s 20Authorisation document s 21Variation of authorisation in certain circumstances s 22Conditions of authorisation s 23Application for variation of conditions s 24Variation of conditions s 25Notice of decision to refuse, impose conditions or vary s 26Duration of authorisation s 27Towing business authorisation not transferable s 28Publication of list of providers of authorised towing services s 29Suspension or cancellation order s 30Suspension or cancellation order for disqualification offence s 31Disqualification from holding or obtaining towing business authorisation s 32Cumulative effect of disqualification s 33Order may be made even if authorisation suspended s 34Show cause process s 35Immediate suspension or cancellation s 36Notice of suspension order s 37Period of suspension s 38Revocation of suspension order s 39Notice of cancellation order s 40Towing vehicle without authorisation and powers to authorise s 68Spotter fees prohibited s 69Regulations may prohibit or restrict towing and storage charges s 70Terms used s 71Confidentiality s 74Use of and access to information disclosed or obtained under this Part s 76Persons in relation to whom information may be exchanged s 77Exchange of information between CEO and Commissioner of Police s 78Exchange of information between CEO and road traffic CEO s 79Exchange of information between CEO and relevant authority s 80Disclosure of information to body or person with whom agreement is made s 81Disclosure of information to law enforcement official s 82Exchange of information between CEO and interstate towing authority s 83Disclosures under this Part free of charge s 84Terms used s 85Authorised officers s 86Purposes for which powers of authorised officers may be exercised s 87Powers in relation to vehicles s 88Directions to persons and related matters s 89Entry of premises s 90Requirement to comply with directions s 91Assistance to exercise powers s 92Duty to identify driver or person in charge of vehicle s 93Duty to take reasonable measures to be able to comply with identity request s 94Offences s 95Terms used s 96Applications for entry warrant s 97Applications to be in person unless urgent s 98Applications to be in writing unless made remotely s 99Applications to be on oath unless made remotely s 100Form of entry warrants made remotely s 101Evidence obtained inadmissible if failure to comply with section 99(2)(b) or 100(1)(b)s 102Issue and content of entry warrants s 103Effect of entry warrants s 104Terms used s 105Application of this Division s 106Application for orders to produce s 107Issue of orders to produce s 108Service of orders to produce s 109Effect of orders to produce s 110Powers in relation to order to produce s 111Application s 112Grounds for seizing things s 113Records relevant to offence s 114Seizing of devices and equipment s 115Powers to facilitate seizing of records s 116List of seized things to be supplied on request s 117Terms used s 118Seizure or production of privileged material s 119Records must be secured s 120Applications to court s 121Decisions of court s 122Forensic examinations on records s 123Ancillary orders s 124Proceedings part of criminal jurisdiction s 125Appeals s 126Return or disposal of seized things s 127Issue of improvement notices s 128Contents of improvement notices s 129Compliance with improvement notice s 130Extension of time for compliance, amendment and revocation s 131Affixing sticker to tow truck s 132Liability of officers for offence by body corporate s 133When prosecution can be commenced s 134Evidentiary certificates: records and authorisation s 135Evidentiary certificates: specific matters s 136Proof of certain matters not required in legal proceedings s 137Proof of appointments and signatures unnecessary s 138Infringement notices and Criminal Procedure Act 2004 s 139Term used: reviewable decision s 140Reconsideration of reviewable decisions s 141Application to State Administrative Tribunal for review s 142Regulations s 143Regulations may refer to published documents s 144Safety standards for towing service providers s 145Safety standards for towing workers s 146Safety standard offences s 147Reasonable steps defence s 148Safety management systems for towing service providers s 149Towing industry authorisations s 150Disqualification offences s 151Prescribed disqualification periods and reinstatement s 152Towing businesses s 153Towing workers s 154Authorisations to tow vehicles s 155Giving documents s 156Delegation by CEO or Commissioner of Main Roads s 157CEO may enter into agreements for performance of functions s 158Protection from personal liability s 159Protection of people testing or examining or giving certain information s 160False or misleading information s 161Exemption from requirements of this Act s 163Convictions of disqualification offences before commencement day s 164Transitional regulations s 165Act amended s 166Section 80 amended s 167Act amended s 168Section 91 amended s 169Section 96 amended s 170Act amended s 171Section 12 amended s 172Section 110 amended s 176Act amended s 177Schedule 1 amended

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1 Short title

This is the Towing Services Act 2024.

This Act’s bill:Explanatory memorandum Second reading speech

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