Towing Services Regulations 2025

where a vehicle that has been involved in a vehicle crash is present; and

that is a place referred to in section 6(2)(a), (b), (c) or (d) of the Act;

who has been accepted as a member of the organisation, whether informally or through a process set by the organisation; or

who identifies in any way as belonging to the organisation; or

whose conduct in relation to the organisation would reasonably lead another person to consider the person to be a member of the organisation;

a notifiable incident as defined in the Work Health and Safety Act 2020 section 35;

an incident that exposes a towing worker or any other person to a serious risk to the person’s health or safety;

an incident involving a tow truck that must be reported to the police under the Road Traffic Act 1974 section 56(1);

an incident involving a tow truck that results in —

an injury that is treated by an ambulance officer; or

an injured person being treated at a hospital;

an incident involving damage to, or a mechanical or other fault in, a tow truck that renders the tow truck unsuitable to be used in the conduct of a towing business without substantial or significant mechanical repairs or services;

an incident involving the conduct of a towing worker while engaged in work for the purposes of a towing business that results in a complaint to the police involving allegations of —

assault; or

physical threats or other intimidation;

an incident involving the conduct of a towing worker while engaged in work for the purposes of a towing business that results in the towing worker being charged with a serious offence;

if the applicant is an individual — the applicant; or

if the applicant is a partnership — each partner of the partnership; or

if the applicant is a company — each director of the company; or

if the applicant is an incorporated association — each member of the management committee of the association;

is a public entity; or

is an insurance company; or

is a roadside assistance provider; or

provides a vehicle repair service or vehicle hire service;

an offence under any of the following provisions of the Road Traffic Act 1974 —

section 54;

section 56(2);

section 59;

section 59A;

section 59BA;

section 60;

section 60A;

section 61;

section 63;

section 64;

section 64AA;

section 64A;

section 64AAA;

section 64AB;

section 64AC;

section 64B;

section 64C;

section 67;

section 67AA;

section 67AB;

section 67AC;

section 67AD;

section 67A;

an offence for which the maximum penalty is, or includes, imprisonment for 5 years or more;

the hiring out of a vehicle; or

the transport of passengers by vehicle;

the following details of each towing worker who the applicant proposes will engage in towing work for the purposes of the business —

name;

Australian driver licence number;

the following details of each tow truck that the applicant proposes to use in the conduct of the business —

make and model;

number plate details;

tow truck class;

in relation to each storage yard that the applicant proposes to use in the conduct of the business —

a description of the premises and the location of the premises; and

evidence that the storage yard complies with Division 2 Subdivision 1;

whether a relevant individual, a person nominated under section 17(4)(c) of the Act in the application, or a close associate of the applicant —

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

has previously made an application for a towing business authorisation, or an equivalent authorisation in another State or a Territory, that was refused;

whether a relevant individual, a person nominated under section 17(4)(c) of the Act in the application, or a towing worker referred to in paragraph (a), is a member of an identified organisation.

a criminal record check, that is dated no earlier than 3 months before the day on which the application is made, for —

each relevant individual; and

each person nominated under section 17(4)(c) of the Act in the application; and

each towing worker referred to in regulation 3A(a);

any other documents required by the approved form.

For the purposes of section 19(2)(e) of the Act, the CEO must not grant a towing business authorisation unless the CEO is satisfied that —

the applicant proposes to use at least 1 storage yard in the conduct of the regulated towing business; and

each storage yard to be used by the applicant in the conduct of the regulated towing business complies with the requirements of Division 2 Subdivision 1.

For the purpose of determining whether the requirements of Division 2 Subdivision 1 are satisfied in relation to a storage yard, the CEO may require the applicant to give an authorised officer access to the storage yard to inspect the storage yard.

The CEO may impose conditions on a towing business authorisation under section 22(a) of the Act that —

specify the tow trucks that may be used by the authorised towing service provider in the conduct of a regulated towing business; and

require that the provider use only the specified tow trucks in the conduct of the regulated towing business.

The CEO may impose conditions on a towing business authorisation under section 22(a) of the Act that —

specify the storage yards that may be used by the authorised towing service provider in the conduct of a regulated towing business; and

require that the provider use only the specified storage yards in the conduct of the regulated towing business.

The CEO may impose conditions on a towing business authorisation under section 22(a) of the Act that —

specify the towing workers that may engage in towing work for the purposes of the regulated towing business; and

require the authorised towing service provider to ensure that only the specified towing workers engage in towing work for the purposes of the regulated towing business.

Nothing in this regulation limits the CEO’s power to impose conditions under section 22(a) of the Act.

An authorisation document issued to an authorised towing service provider must specify the day on which the authorisation comes into force.

For the purposes of section 26(1) of the Act, a towing business authorisation granted under section 19 of the Act or regulation 3G(6) —

is granted for the period of 12 months beginning on the day on which the authorisation comes into force; and

expires at the end of the last day of that period.

An authorised towing service provider may apply to the CEO in the approved form for a renewal of the towing business authorisation (the prior authorisation).

An application under subregulation (1) must be made within the period of 2 months ending on the day on which the prior authorisation expires.

An application under subregulation (1) must include the following —

the information referred to in regulation 3A(a) in relation to each towing worker who the provider proposes will engage in towing work for the purposes of the regulated towing business (other than any towing worker specified in a condition on the prior authorisation under regulation 3E(3));

the information referred to in regulation 3A(b) in relation to each tow truck that the provider proposes to use in the conduct of the regulated towing business (other than any tow truck specified in a condition on the prior authorisation under regulation 3E(1));

the information referred to in regulation 3A(c) in relation to each storage yard that the provider proposes to use in the conduct of the regulated towing business (other than any storage yard specified in a condition on the prior authorisation under regulation 3E(2));

if no criminal record check has been given to the CEO for an individual referred to in subregulation (4) or the last criminal record check given to the CEO for an individual referred to in subregulation (4) is dated earlier than 5 years before the day on which the application is made — a criminal record check for the individual that is dated no earlier than 3 months before that day;

any other documents required by the approved form.

Subregulation (3)(d) applies to the following —

each relevant individual;

each responsible officer of the towing service provider;

each towing worker who the provider proposes will engage in towing work for the purposes of the regulated towing business.

The CEO may, by written notice given to the applicant, require the applicant to provide further information relevant to the application that is specified in the notice within the time specified in the notice.

The CEO must grant a further towing business authorisation to the applicant if —

the application is made in accordance with subregulations (1) to (3); and

the applicant pays the applicable authorisation fee prescribed under regulation 72B within the period referred to in subregulation (2); and

the applicant complies with any notice given under subregulation (5).

Despite subregulation (6), the CEO —

may refuse to grant a further towing business authorisation to the applicant if —

the prior authorisation is suspended; or

any of the grounds for making an order suspending or cancelling the prior authorisation under section 29(1) or 30(1) or (4) of the Act apply;

must refuse to grant a further towing business authorisation if section 30(2) or (3) of the Act applies in relation to the prior authorisation.

The authorisation document issued under section 20 of the Act for a further towing business authorisation granted under subregulation (6) must specify —

the same authorisation number as the prior authorisation; and

the day on which the authorisation comes into force, which must be the day after the day on which the prior authorisation expires.

An authorised towing service provider may, by written notice given to the CEO, surrender the towing business authorisation.

If an authorised towing service provider surrenders a towing business authorisation, the CEO must cancel the authorisation by written notice given to the authorised towing service provider stating the day on which the cancellation takes effect.

A person who surrenders a towing business authorisation is not entitled to any refund of a fee paid in connection with the authorisation or any part of such a fee.