Payment of towing charges and storage charges
59 Payment of towing charges and storage charges
In this regulation —
payment method means a method of paying charges, including —
cash; and
electronic funds transfer at point of sale; and
online credit or debit card payment; and
an electronic bill payment system; and
direct transfer to a nominated account (whether identified using the bank and account details or using another identifier such as a mobile phone number, email address or Australian Business Number);
payment record means a record, including an electronic record, showing that a direct transfer has been made to a nominated account.
This regulation applies in relation to towing charges and storage charges payable in relation to a vehicle that has been towed in the conduct of a regulated towing business.
The towing service provider must, as soon as practicable on request by a relevant person for the vehicle or their agent, but in any event within 4 hours after the request is made, give the requesting person an invoice —
setting out the amount of the charges; and
giving details of the payment methods by which the charges can be paid.
Penalty for this subregulation:
for an individual, a fine of $5 000;
for a body corporate, a fine of $25 000.
For the purposes of determining when the 4‑hour period referred to in subregulation (3) expires, only time during business hours is to be counted.
The towing service provider must take all reasonable steps to enable the charges to be paid.
Penalty for this subregulation:
for an individual, a fine of $5 000;
for a body corporate, a fine of $25 000.
Without limiting subregulation (5), the towing service provider must allow the charges to be paid by at least 2 different payment methods.
Penalty for this subregulation:
for an individual, a fine of $5 000;
for a body corporate, a fine of $25 000.
The towing service provider must not allow payment of the charges by direct transfer to a nominated account unless the towing service provider accepts the production of a payment record as evidence of the charges having been paid for the purpose of releasing the vehicle from storage, without requiring the funds to have cleared.
Penalty for this subregulation:
for an individual, a fine of $5 000;
for a body corporate, a fine of $25 000.
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