Towing Services Act 2024

If an application for a towing business authorisation is made to the CEO under section 17, the CEO may —

grant a towing business authorisation to the applicant; or

refuse to grant a towing business authorisation to the applicant.

The CEO must not grant a towing business authorisation under subsection (1)(a) unless the CEO is satisfied that —

the applicant is a fit and proper person to conduct a regulated towing business; and

the grant of the towing business authorisation would not be contrary to the public interest; and

each individual nominated under section 17(4)(c) meets the criteria referred to in section 18; and

the application complies with the requirements of section 17(4)(a) to (e) and the applicant has provided any information required under section 17(7); and

the applicant meets any requirements prescribed by the regulations; and

the applicant has paid any application fee prescribed under section 17(4)(f); and

the applicant has paid any authorisation fee prescribed by the regulations for the authorisation within the time for payment required by the CEO.

The CEO may have regard to any relevant matter in determining whether an individual nominated as a responsible officer by the applicant meets the criteria set out in section 18.

Without limiting subsections (1) and (2), the CEO may refuse to grant the towing business authorisation if —

the applicant has previously held a towing business authorisation, or an equivalent authorisation in another State or a Territory, and that authorisation has been cancelled; or

an individual nominated under section 17(4)(c) has previously held a towing business authorisation, or an equivalent authorisation in another State or a Territory, and that authorisation has been cancelled; or

a close associate of the applicant has previously held a towing business authorisation, or an equivalent authorisation in another State or a Territory, and that authorisation has been cancelled; or

the applicant, a close associate of the applicant or an individual nominated under section 17(4)(c) is charged with a disqualification offence; or

a close associate of the applicant has been convicted of a disqualification offence.

The CEO must refuse to grant the towing business authorisation if —

an individual nominated under section 17(4)(c) has been convicted of a disqualification offence; and

the prescribed disqualification period in relation to the disqualification offence has not passed since the conviction.

A reference in this section to a conviction does not include a reference to a conviction that has been quashed or set aside.