Towing Services Act 2024

An authorised officer may, in accordance with this section, enter premises occupied by a person mentioned in subsection (7) and do all or any of the following at the premises —

search the premises;

inspect a vehicle parked at the premises;

direct any person in charge of a vehicle, or any person in a vehicle, parked on the premises to —

give any information that is required; or

answer a question put to the person; or

state the person’s name, residential address and date of birth; or

produce a record that is in the person’s possession or under the person’s control;

make a still or moving image or recording of the premises and any thing in or on the premises;

operate a computer or other thing at the premises;

make a copy of, take an extract from, download or print out any record found at the premises or produced under paragraph (c)(iv);

seize a record found at the premises or produced under paragraph (c)(iv) and retain it for as long as is reasonably necessary;

direct the occupier of the premises, or a person at the premises, to give the authorised officer any assistance that the officer reasonably requires for the purposes referred to in section 86.

The power to enter premises under subsection (1) may be exercised —

at any time under an entry warrant issued under Division 3; or

at any time with the consent of the occupier of the premises; or

if a business is carried on at the premises — at any time during the usual business operating hours applicable at the premises (whether or not the premises are actually being used for that purpose), and without a warrant and without the consent of the occupier of the premises or any other person.

An authorised officer must not exercise the power to enter premises mentioned in subsection (2)(c) without a warrant or the consent of the occupier unless the authorised officer reasonably believes that the premises are attended.

An authorised officer must not exercise the power to enter premises mentioned in subsection (2)(c) without a warrant or the consent of the occupier if the premises are, or any part of premises is, used predominantly for residential purposes.

The power to search premises under this section does not include a power to search a person.

An authorised officer who is a police officer may use reasonable force in the exercise of powers under this section.

The powers in subsection (1) may be exercised in relation to premises occupied by any of the following —

a person who holds or has held a towing business authorisation or an agent of such a person;

a person whom an authorised officer suspects on reasonable grounds is or was a towing service provider in relation to a regulated towing business or an agent of such a person;

a person who is or was a responsible officer of an authorised towing service provider;

a person who is or was an employee of an authorised towing service provider;

a person who holds or has held a towing worker authorisation;

a person whom an authorised officer suspects on reasonable grounds has engaged in towing work for the purposes of a regulated towing business.