Towing Services Act 2024

In this section —

means a person who is a person responsible for the vehicle under the Road Traffic (Administration) Act 2008 section 6; and

includes a person to whom possession or control of the vehicle is entrusted at the time of the alleged offence referred to in subsection (2)(a) or (3)(a) (as the case requires);

the operation of a tow truck; or

obtaining, or attempting to obtain, an authority to tow a vehicle for the purposes of a regulated towing business.

A responsible person for a vehicle commits an offence if —

a relevant offence is alleged to have been committed; and

it is alleged that the vehicle was used by a person in connection with the commission of the alleged offence; and

an authorised officer requests the responsible person to give information that may lead to the identification of the driver or person in charge of the vehicle at the time of the alleged offence; and

the responsible person has, or could reasonably have ascertained, the information; and

the responsible person, without lawful excuse, fails to give the information.

for an individual —

for a first offence, a fine of $5 000;

for a subsequent offence, a fine of $10 000;

for a body corporate, a fine of $25 000.

A responsible person for a vehicle commits an offence if —

a relevant offence is alleged to have been committed; and

it is alleged that the vehicle was used in connection with the commission of the alleged offence; and

an authorised officer requests the responsible person to give information that may lead to the identification of the driver or person in charge of the vehicle at the time of the alleged offence; and

the responsible person gives information that the person knows to be false or misleading in a material particular in response to the request.

for an individual —

for a first offence, a fine of $5 000;

for a subsequent offence, a fine of $10 000;

for a body corporate, a fine of $25 000.

If a person is charged with an offence under subsection (2), the person may be convicted of an offence under section 93(2).