Nomination of additional or replacement responsible officer
3K Nomination of additional or replacement responsible officer
An authorised towing service provider may at any time, by written notice given to the CEO, nominate 1 or more additional individuals who meet the criteria in section 18 of the Act to be responsible officers to represent the provider in the conduct of the regulated towing business.
An authorised towing service provider may at any time, by written notice given to the CEO, withdraw the nomination of an individual to represent the provider in the conduct of the regulated towing business.
If an individual who is a responsible officer of an authorised towing service provider ceases to meet the criteria in section 18 of the Act, the provider must, as soon as practicable, give the CEO written notice withdrawing the nomination of the individual to represent the provider in the conduct of the regulated towing business.
Penalty for this subregulation:
for an individual, a fine of $5 000;
for a body corporate, a fine of $25 000.
The nomination of an individual ceases when a notice under subregulation (2) or (3) is given to the CEO.
If the CEO is satisfied that a responsible officer has ceased to meet the criteria in section 18 of the Act, the CEO may, by written notice given to the authorised towing service provider, state that the nomination ceases.
A notice given under subregulation (5) takes effect on the day on which the notice is given.
Subregulation (8) applies if an authorised towing service provider ceases, or becomes aware that the provider will cease, to have either of the following —
at least 1 responsible officer who is a resident of the State;
if the provider is a body corporate — at least 1 responsible officer who is a director or manager of the body corporate.
The provider must as soon as practicable give written notice to the CEO nominating 1 or more replacement individuals to represent the authorised towing service provider in conducting the regulated towing business, so that the provider has a responsible officer or officers meeting the criteria in subregulation (7)(a) and (b).
Penalty for this subregulation:
for an individual, a fine of $5 000;
for a body corporate, a fine of $25 000.
When a nomination under subregulation (1) or (8) is made, the provider must —
pay the nomination fee prescribed under regulation 72B; and
give the CEO a criminal record check for each nominated individual that is dated no earlier than 3 months before the day on which the nomination is made.
Note for this regulation:
Under section 18 of the Act, an individual must meet the criteria in that section in order to be nominated under this regulation to represent the authorised towing service provider in conducting a regulated towing business.
[Regulation 3K inserted: SL 2026/53 r. 5.]
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