Accident Towing Services Act 2007 (Vic)
Version No. 034
Accident Towing Services Act 2007
No. 30 of 2007
Version incorporating amendments as at
6 August 2025
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purpose
2Commencement
3Definitions
4Objective
4ATransport Integration Act 2010
5Act to bind the Crown
Part 2—Requirements as to tow trucks
Division 1—Requirements for operating and driving certain tow trucks
6Requirement to hold tow truck licence
7Further requirements for operating tow trucks
8Requirement for tow truck being driven to be licensed
9Offences as to unlicensed tow trucks at road accident scenes
9AOffence to use vehicle other than tow truck to provide accident towing services for hire or reward
Division 2—Licensing
10Power to issue regular tow truck licences
11Power to issue heavy tow truck licences
12Issue of new licences and re-issue of certain limited licences
13Period for which licence remains in force
Division 3—Authorisation for issue of new tow truck licences
14Ministerial authorisation for the issue of regular tow truck licences
15Ministerial authorisation for the issue of heavy tow truck licences
16Notice of Ministerial authorisations under this Division
Division 4—Process for issuing new tow truck licences
17Notice that standard tow truck licences available
18Applications for standard tow truck licences
19Time within which the Secretary must deal with application
20Approval of applications
21Issue of standard tow truck licences to approved applicants etc.
22The Secretary's discretion as to persons to whom limited tow truck licences issued
Division 5—General provisions applying to tow truck licences
23Fees payable for licences
24Certificate on issue of licence
25Conditions on licences
26Offence not to comply with conditions on licence
27Specified tow trucks
28Nature of and dealings with tow truck licences
29Transfer of tow truck licence to another person
30Application for transfer of tow truck licence
31Recording and taking effect of transfer
Division 6—Cancellation and suspension of tow truck licences
32The Secretary may cancel or suspend a tow truck licence
33Effect of cancellation or suspension of accreditation of licence holder
34Requirement to surrender licence certificate on cancellation or suspension of towing operator accreditation
Division 7—Permits to operate tow trucks in specific circumstances
35Temporary permits
36Offence not to carry permit when driving
37Offence not to produce permit when asked
Division 8—Offences as to tow trucks
38Offence not to take care in driving or operating tow truck
39Offence to leave tow truck standing for more than a certain period
40Offence for persons to travel in accident damaged motor vehicles
41Certain persons may be ordered to leave restricted road accident area
Division 9—Operation of tow trucks in controlled areas
42Allocation offences in controlled areas
43Salvage exemption
44Prohibition on towing of vehicles removed from designated roads unless allocated
45Further allocation offences
46Declaration of controlled areas
47Appointment of allocation body
48Creation of allocation roster entitlements
49Circumstances in which roster entitlements can be applied to another licence
50Nature of allocation roster entitlement
Division 10—Self-management areas
51Licence holder offences as to road accident scenes in self-management areas
52Self-management areas
Division 11—VCAT review
53Review of decision by VCAT
54Time period for making application to VCAT
Part 3—Industry accreditation
Division 1—Objective and requirement for accreditation
55Industry accreditation objective
56Offence to operate or manage accident towing service business without accreditation
57The Secretary to accredit persons to carry on or manage accident towing services business
58How long accreditation remains in force
Division 2—Application for accreditation
59Applications for tow truck operating accreditations
60Making of application
61The Secretary may require further information etc.
62Chief Commissioner of Police may supply information to the Secretary
63Time within which the Secretary must deal with application
64Nominated person
65When the Secretary may approve an application for accreditation
66Mandatory refusal of accreditation
67Refusal of accreditation unless the Secretary satisfied it is appropriate
68Discretionary refusal of accreditation
69Notification and reasons to be given if accreditation refused
70Disqualification for applying for accreditation
71Disqualification ceases if there has been a relevant change of circumstances
Division 3—Accreditation conditions and service standards
72Conditions on accreditation
73The Secretary may vary, revoke or impose new conditions
74Offence to fail to comply with conditions
75Service standards
Division 4—Certificates of accreditation
76Issue of certificate of accreditation
77Offence not to notify of change of address and return certificate
78Offence to retain illegible certificate
Division 5—Disciplinary action
79When the Secretary must cancel accreditation
80When the Secretary may take disciplinary action
81Disciplinary action that may be taken in relation to accreditations
82Procedure for taking disciplinary action
83Notice of disciplinary action
84Immediate suspension of accreditation
85Effect of suspension of accreditation
86Return of certificate of accreditation
Division 6—VCAT review and jurisdiction
87Original jurisdiction of VCAT in relation to mandatory refusal or cancellation
88Review of decision by VCAT
89Time period for making application to VCAT
Division 7—Miscellaneous
90Accredited person to keep records
91Accreditation cannot be transferred
92Holder of accreditation and Chief Commissioner of Police to notify the Secretary of finding of guilt
93Offence not to notify of suspension or cancellation of accreditation
94Surrender of accreditation
95Consent to surrender
96Information disclosure by the Secretary
Part 4—Driver accreditation
Division 1—Objective and requirement for accreditation
97Driver accreditation objective
98Offence to drive licensed tow truck or tow truck providing accident towing services without accreditation
99The Secretary to accredit persons to drive licensed tow truck and accompany driver
100How long accreditation remains in force
Division 2—Application for accreditation
101Applications for tow truck driver accreditation
102Making of application
103The Secretary may require further information
104Chief Commissioner of Police may supply information to the Secretary
105Time within which the Secretary must deal with application
106When the Secretary may approve an application for accreditation
107Mandatory refusal of accreditation
108Refusal of accreditation unless the Secretary satisfied it is appropriate
109Discretionary refusal of accreditation
110Notification and reasons to be given if accreditation refused
111Disqualification from applying for accreditation
112Disqualification ceases if there has been a relevant change of circumstances
Division 3—Accreditation conditions
113Conditions on accreditation
114The Secretary may vary, revoke or impose new conditions
115Offence to fail to comply with conditions
Division 4—Certificates of accreditation
116Issue of certificate of accreditation
117Offence not to sign certificate on receipt
118Offence not to notify of change of address and return certificate
119Offence to retain illegible certificate
120Offence not to carry certificate when driving
121Offence not to produce certificate when asked
Division 5—Disciplinary action
122When the Secretary must cancel accreditation
123Accreditation cancelled or suspended if driver licence cancelled, expired or suspended
124When the Secretary may take disciplinary action
125Disciplinary action that may be taken in relation to accreditations
126Procedure for taking disciplinary action
127Notice of disciplinary action
128Immediate suspension of accreditation
129Effect of suspension of accreditation
130Return of certificate of accreditation
131Compensation for lost income during suspension
Division 6—VCAT review and jurisdiction
132Original jurisdiction of VCAT in relation to mandatory refusal
133Review of decision by VCAT
134Time period for making application to VCAT
Division 7—Miscellaneous
135Accreditation cannot be transferred
136Holder of accreditation and Chief Commissioner of Police to notify of finding of guilt
137Offence not to notify of suspension or cancellation of accreditation
138Surrender of accreditation
139Consent to surrender
140Information disclosure by the Secretary
Division 8—Tow truck trainee permit
140APower to issue permit
140BPeriod for which a permit remains in force
140CConditions on permit
140DApplication for permit
140EMaking of application
140FThe Secretary may require further information
140GChief Commissioner of Police may supply information to the Secretary
140HCancellation of permit
140IOffence not to carry permit when driving
140JOffence not to produce permit when asked
Part 5—General accident towing and related operations
Division 1—Authority to tow
141Definitions
142Offence to tow vehicle from road accident scene without owner authority
143Authority to tow for towing in a controlled area
144Tow truck driver must provide copy of authority to tow to owner before towing the vehicle
145Authority to tow to be carried and produced and job number to be given
146Removal of accident damaged motor vehicles
146ALicence holder must provide copy of authority to tow if requested by owner
Division 2—Offences at road accident scenes
147Offence as to seeking repair work
148Offence as to seeking towing work and storage
Division 3—Storage of accident damaged motor vehicles
150Initial towing and storage of accident damaged motor vehicles
151Provisions concerning damaged vehicle storage
Division 4—Obligations on repairers
153No repair work to be carried out without owner's approval
154Cooling-off period for certain towing related repair agreements
155Owner not liable for repairs carried out at unauthorised place
156Offence to fail to release towed vehicle
Division 5—Obligations on repairers in relation to accident towing services in a controlled area
157Definitions
158Obligations on repairers in respect of relevant accident damaged motor vehicles
159Copies of noted-up forms must be given to owners etc.
160Obligations on repairers if the authority to tow is defective or not provided
161Repairers must keep copy of authority to tow
162Owner may apply for certificate if authority to tow defective or lost
163Exception in relation to Division 5 offences
Part 6—Enforcement
Division 1—Accident towing demerit points
164Demerits Register
164AWho may incur accident towing demerit points?
165Circumstances in which accident towing demerit points are incurred and amount
166Period of suspension of accreditation
167The Secretary must suspend accreditation on service of notice
168Expiry of accident towing demerit points
169Date suspension of accreditation becomes effective
170Cancellation of accident towing demerit points
171Recording of accident towing demerit points not admissible in evidence except in limited circumstances
172Review by VCAT
Division 2—Infringement notices
173Infringement notices, offences and penalties
Division 3—Improvement notices
174Improvement notices
175Formal irregularities or defects in notice
176Proceedings for offences not affected by improvement notices
177Review of decision by VCAT
Division 4—Authorised officers
178Appointment of authorised officer
179Identity cards
180Return of identity cards
Division 5—Searches of tow trucks
181Power to enter and search tow trucks for compliance purposes
182Power to enter and search tow trucks for the purpose of obtaining evidence of contravention
183Production of identification by inspectors before vehicle searches
184Production of identification during searches
185Consent not needed for searches
Division 6—Search of business premises
186Entry or search of premises with consent
187Entry of premises open to the public
188Entry without consent or warrant
189Search warrant
190Announcement before entry
191Details of warrant to be given to occupier
192Seizure of things not mentioned in the warrant
193Embargo notice
Division 7—Processes to deal with seized equipment or goods
194Use or seizure of electronic equipment at premises
195Copies of certain things seized to be given
196Access to seized things
197Retention and return of seized documents or things
198Magistrates' Court may extend 3 month period
Division 8—General
199Requirement to assist inspector during entry
200Self-incrimination not an excuse
201Direction to state name and address
202Manner of giving directions
203Offences as to compliance with requirements of, obstructing or hindering or impersonating an inspector
204Persons who may bring proceedings
Part 7—Codes of practice
205Codes of practice
206Amendment of approved codes of practice
207Revocation of approvals of codes of practice
208Availability of approved codes of practice
209Minister must consult before approving code of practice or amendment or revocation of code of practice
210Effect of approved code of practice
Part 7A—Charges
Division 1—Determination of charges
211Minister to determine charges for accident towing services and other services
212Determinations of charges
Division 2—Review of charges
212APeriodic review of charges
212BAdditional review at Minister's direction
212CConduct of review
212DObjectives not to apply
212EPowers relating to reviews
212FRecommendations
212GTabling of recommendations
Division 3—Indexation of charges
212HCharges to be adjusted for CPI
Division 4—Offences
212IOffence to charge unreasonable sum or sum different to charge determined under section 211
212JOffence to pay for obtaining work in respect of accident damaged motor vehicle
212KOffence to pay for handing over work in respect of accident damaged motor vehicle
Part 8—Miscellaneous
215Offence to provide false or misleading information
216No compensation payable
217Service of documents on natural persons
218Service of documents on corporations and address of corporations
219When service deemed to be effective
220Evidentiary provisions
221Offences by bodies corporate
222Conduct by officers, employees or agents
223Regulations
224Transitional provisions for commencement of new Scheme
Part 9—Transitional provisions—Transport Legislation Amendment Act 2019
225Definitions
226Application of Interpretation of Legislation Act 1984
227Superseded references
228Things done by VicRoads before commencement day
229Things commenced but not completed by VicRoads before commencement day
230Fees determined by VicRoads
Schedules
Schedule 1—Industry accreditation offences
Schedule 2—Driver accreditation offences
Schedule 3—Transitional provisions for new accident towing services scheme
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 034
Accident Towing Services Act 2007
No. 30 of 2007
Version incorporating amendments as at
6 August 2025
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1Purpose
The purpose of this Act is—
(a)to promote the safe, efficient and timely provision of accident towing services and other related services by—
(i)licensing the operation of tow trucks that provide accident towing services; and
(ii)accrediting operators of accident towing service businesses and managers of depots from which accident towing services are provided; and
(iii)accrediting tow truck drivers when driving licensed tow trucks or providing accident towing services; and
(iv)providing for other matters related to the provision of accident towing services; and
(v)providing for matters related to the storage and repair of motor vehicles; and
(vi)providing for matters relating to the salvage of accident damaged motor vehicles; and
(b)to make consequential and related amendments to the Infringements Act 2006, the Melbourne City Link Act 1995, the Police Regulation Act 1958, the Road Safety Act 1986 and the Transport Act 1983.
2Commencement
(1)Section 1, this section and clause 10 of Schedule 3 come into operation on the day after the day on which this Act receives the Royal Assent.
(2)Subject to subsection (3), the remaining provisions of this Act come into operation on a day to be proclaimed.
(3)If a provision of this Act referred to in subsection (2) does not come into operation before 1 January 2009, it comes into operation on that day.
3Definitions
(1)In this Act—
accident damaged motor vehicle means a motor vehicle that has been damaged as the result of a road accident;
accident towing demerit point means a demerit point incurred in accordance with regulations made under this Act;
accident towing service means the service of operating tow trucks for the following purposes—
(a)the purpose of towing accident damaged motor vehicles, where the towing of the accident damaged motor vehicle takes place between the time when the road accident in which the motor vehicle is damaged occurs and the time when the motor vehicle is first delivered to the place specified in the authority to tow;
(b)the purpose of clearing road accident scenes;
accident towing service business means the trade or business of operating tow trucks for hire or reward for the purpose of providing accident towing services;
accredited person means the holder of—
(a)a towing operator accreditation; or
(b)a towing depot manager accreditation; or
(c)a tow truck driver accreditation;
allocation body, in relation to a controlled area, means—
(a)if a person or body has been appointed under section 47 to be the allocation body for that area, that person or body; or
(b)in any other case, the Secretary;
approved code of practice means a code of practice the making of which, and (where the case so requires) the amending of which, has been approved by the Minister under Part 7;
authorised officer means a person appointed as an authorised officer under section 178;
authority to tow means an authorisation, obtained in accordance with Division 1 of Part 5, by the driver of a tow truck to tow an accident damaged motor vehicle;
basic salvage service means the service of salvaging a motor vehicle—
(a)using one or more tow trucks that are not heavy tow trucks; and
(b)without using a mobile crane;
Chief Commissioner of Police means the Chief Commissioner of Police appointed under the Victoria Police Act 2013;
Commission means the Essential Services Commission established under the Essential Services Commission Act 2001;
controlled area means any area declared to be a controlled area under section 46;
corporation has the same meaning as in section 9 of the Corporations Act;
daily storage charge means an amount determined by the Minister under section 211 as the fee to be paid each day for the storing of an accident damaged motor vehicle;
Department means the Department of Transport and Planning;
depot means a premises from which tow trucks are being operated in the course of an accident towing service business;
designated road means—
(a)the Link road;
(b)the Extension road;
(c)EastLink;
(ca)the Peninsula Link Freeway;
(cb)the West Gate Tunnel tollway;
(cc)the North East Link road;
(d)any freeway within the meaning of the Road Management Act 2004;
(e)any road that has been declared under section 119A of the Road Management Act 2004 to be a road to which that section applies;
director, in relation to a corporation, has the same meaning as it has in section 9 of the Corporations Act;
drive, in relation to a motor vehicle, includes being in control of the motor vehicle;
driver accreditation objective means the objective set out in section 97;
EastLink has the same meaning as in the EastLink Project Act 2004;
Extension road has the same meaning as in the Melbourne City Link Act 1995;
Freeway Corporation has the same meaning as in the EastLink Project Act 2004;
heavy tow truck means a tow truck that is capable of towing a motor vehicle that has a gross vehicle mass of 4 tonnes or more;
heavy tow truck licence means a licence under section 11;
industry accreditation objective means the objective set out in section 55;
inspector means—
(a)an authorised officer; or
(b)a police officer who has been authorised by the Chief Commissioner of Police to exercise powers for the purposes of this Act;
infringement notice has the same meaning as in the Infringements Act 2006;
job number means the number given by an allocation body to an authorisation given by that body to tow an accident damaged motor vehicle from a road accident scene in the controlled area of that body;
* * * * *
* * * * *
licensed tow truck means a tow truck that is specified in a tow truck licence;
limited tow truck licence means—
(a)a regular tow truck licence issued under section 10(2), 10(3), 10(4) or 10(5); or
(b)a heavy tow truck licence issued under section 11(2), 11(3), 11(4) or 11(5);
Link road has the same meaning as in the Melbourne City Link Act 1995;
mass, dimension or load restraint limit or requirement means—
(a)a mass, dimension or load restraint limit or requirement within the meaning of the Road Safety Act 1986; or
(b)a mass, dimension or loading requirement within the meaning of the Heavy Vehicle National Law (Victoria);
Melbourne controlled area means the area declared to be the Melbourne controlled area under section 46;
Note
See also clause 9 of Schedule 3 for the transitional meaning of this term.
Melbourne licence means a regular tow truck licence, the specified depot for which is in the Melbourne controlled area;
* * * * *
motor vehicle has the same meaning as in section 86(1) of the Transport (Compliance and Miscellaneous) Act 1983;
nominated person means a person nominated under section 64;
* * * * *
North East Link road has the same meaning as in the North East Link Act 2020;
North East Link State Tolling Corporation has the same meaning as in the North East Link Act 2020;
operate, in relation to a tow truck, means directing, controlling or being responsible for the tow truck, but does not mean driving the tow truck;
owner, in relation to a tow truck, includes the following—
(a)a person who is the owner of the tow truck;
(b)a person who has the use of the tow truck under a lease agreement;
(c)a person in whose name a tow truck is registered under the Road Safety Act 1986 or any Act or Ordinance of any State or Territory of the Commonwealth corresponding to this Act;
Peninsula Link Freeway has the same meaning as in the Road Management Act 2004;
Peninsula Link Freeway Corporation has the same meaning as in the Road Management Act 2004.
police officer has the same meaning as in the Victoria Police Act 2013;
* * * * *
regular tow truck licence means a licence under section 10;
relevant agency means a relevant agency (that is not an enforcement agency) within the meaning of the Melbourne City Link Act 1995;
relevant North East Link agency means—
(a)the North East Link State Tolling Corporation; or
(b)the North East Link operator (within the meaning of the North East Link Act 2020);
relevant person, in relation to an applicant for accreditation under Part 3 or a person accredited under Part 3, means—
(a)any person who holds a share in the capital of, or an entitlement to receive income derived from, the business to which the application or accreditation relates and by virtue of that interest is able to exercise a significant influence over or with respect to the management of the activities to which the application or the accreditation relates; or
(b)any person who is entitled to exercise any power to participate in the management of the activities to which the application or the accreditation relates or to elect or appoint any person connected with the management of the business to which the application or accreditation relates; or
(c)any person who is a director, secretary, member of the committee of management, or connected with the management, of the business to which the application or accreditation relates;
relevant West Gate Tunnel agency means the West Gate Tunnel Corporation or the West Gate Tunnel operator within the meaning of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019;
road has the same meaning as in the Road Safety Act 1986;
road accident means an impact or collision of one or more motor vehicles—
(a)on a road or road related area; or
(b)not on a road or road related area, if immediately before the impact or collision one or more of the vehicles involved in the impact or collision had been travelling on a road or road related area;
road accident scene means an area within a 2 kilometre radius of a road accident;
road accident scene roster, in relation to a controlled area, means the roster, that is kept by the allocation body for the area, of allocations of tow trucks to do the following—
(a)to attend road accident scenes in the controlled area;
(b)to be used to tow accident damaged motor vehicles, with a gross vehicle mass of less than 4 tonnes, from road accident scenes in the controlled area;
road related area has the same meaning as in the Road Safety Act 1986;
salvage, in the case of an accident damaged motor vehicle that, as a result of the accident—
(a)is in a location that is not a road or a road related area; or
(b)is embedded in a building or in an object that is not a motor vehicle; or
(c)is overturned or on its side—
means the moving of the motor vehicle to a place on a road or road related area or into an upright position or both so that it may be towed by a tow truck without assistance;
Secretary means Secretary to the Department;
self-management area means an area declared to be a self-management area under section 52;
service standard means a service standard determined under section 75;
specified depot in relation to a licensed tow truck, means the depot specified in the tow truck licence under which the tow truck operates;
standard tow truck licence means a tow truck licence that is not a limited tow truck licence;
temporary permit means a permit granted under section 35;
tow, in relation to any motor vehicle, includes—
(a)lifting and towing the motor vehicle;
(b)lifting and carrying the motor vehicle;
(c)lifting the motor vehicle for the purpose of towing the motor vehicle—
but does not include salvage of the motor vehicle;
tow truck means—
(a)any motor vehicle—
(i)that is equipped with a crane, winch, ramp or other lifting device; and
(ii)that is used or intended to be used for the towing of motor vehicles; or
(b)a motor vehicle to which is attached, temporarily or otherwise, a trailer or device that is—
(i)equipped with a winch or ramp or other lifting device; and
(ii)that is used or intended to be used for the towing of motor vehicles;
* * * * *
* * * * *
tow truck driver accreditation means an accreditation under section 99;
tow truck licence means a licence under Part 2;
tow truck trainee permit means a permit issued under section 140A(1);
towing depot manager accreditation means an accreditation under section 57(2);
towing operator accreditation means an accreditation under section 57(1);
* * * * *
West Gate Tunnel Corporation has the same meaning as it has in the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019;
West Gate Tunnel tollway has the same meaning as it has in the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019.
(2)In this Act, a reference to a person who has been found guilty of an offence is a reference to a person—
(a)against whom a court has made a formal finding that he or she is guilty of the offence; or
(b)from whom a court has accepted an admission under section 100 of the Sentencing Act 1991 that he or she has committed the offence, or from whom a similar admission has been accepted under equivalent provisions of the laws of a jurisdiction other than Victoria; or
(c)against whom a finding has been made under—
(i)section 17(1)(b) or 38X(1)(b) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 that he or she was not guilty of the offence because of mental impairment; or
(ii)section 17(1)(c) or 38X(1)(c) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 that he or she committed the offence—
or against whom a similar finding has been made under equivalent provisions of the laws of a jurisdiction other than Victoria—
being an admission or finding that has not been subsequently quashed or set aside by a court.
(3)In this Act, a reference to a person who has been charged with an offence is a reference to a person—
(a)against whom an indictment charging the offence has been filed; or
(b)against whom a charge-sheet charging the offence has been filed, whether or not—
(i)a summons to answer the charge; or
(ii)a warrant to arrest the person—
has been issued or served.
(4)In this Act, a reference to a charge that has not been finally disposed of is a reference to a charge that has not been finally dealt with by—
(a)being withdrawn or by the discontinuance of the prosecution; or
(b)the charge having been dismissed by a court; or
(c)the person charged having been discharged by a court following a committal hearing; or
(d)the person charged having been acquitted or found guilty of the offence by a court; or
(e)any other prescribed means.
(4A)In this Act, a reference to a charge determined under section 211 includes a reference to a charge that has been indexed under Division 3 of Part 7A.
(5)If under the Public Administration Act 2004 the name of the Department of Transport and Planning is changed, the reference in subsection (1) to that Department must, from the date when the name is changed, be treated as a reference to the Department by its new name.
(6)For the purposes of this Act, a tow truck is to be regarded as capable of towing a vehicle, if the towing of the vehicle would not contravene a mass, dimension or load restraint limit or requirement that applies to the tow truck under the Road Safety Act 1986 or the Heavy Vehicle National Law (Victoria).
4Objective
The objective of this Act is to—
(a)promote the safe, efficient and timely provision of accident towing services and other related services;
(b)ensure that persons who are providing accident towing services—
(i)are of appropriate character; and
(ii)are technically competent to provide the services; and
(iii)when providing the services, act with integrity and in a manner that is safe, timely, efficient and law abiding, and in particular, that regard is had for vulnerable persons.
4ATransport Integration Act 2010
This Act is transport legislation within the meaning of the Transport Integration Act 2010.
5Act to bind the Crown
This Act binds the Crown in right of Victoria and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
PART 2—REQUIREMENTS AS TO TOW TRUCKS
Division 1—Requirements for operating and driving certain tow trucks
6Requirement to hold tow truck licence
A person must not operate a tow truck in the course of conducting an accident towing service business to provide accident towing services unless—
(a)if the person provides the service to vehicles of any gross vehicle mass, the person holds a regular tow truck licence; or
(b)if the person provides the service only to vehicles that have a gross vehicle mass of 4 tonnes or more, the person holds a heavy tow truck licence.
Penalty:In the case of a natural person, 60 penalty units;
In the case of a body corporate, 300 penalty units.
7Further requirements for operating tow trucks
A person who is operating a tow truck in the course of conducting an accident towing service business—
(a)must do so from the depot specified in the tow truck licence; and
(b)must hold a towing operator accreditation; and
(c)must be the registered operator of the tow truck (within the meaning of the Road Safety Act 1986); and
(d)must not provide an accident towing service to a vehicle that the tow truck is not capable of towing.
Penalty:In the case of a natural person, 60 penalty units;
In the case of a body corporate, 300 penalty units.
8Requirement for tow truck being driven to be licensed
(1)A person must not drive a tow truck that is being operated in the course of conducting an accident towing service business unless there is in force a regular tow truck licence or a heavy tow truck licence that authorises the operation of the tow truck.
Penalty:60 penalty units.
(2)A person who is driving a tow truck that is being operated in the course of conducting an accident towing service business under a regular tow truck licence must ensure that the tow truck does not tow a vehicle that the tow truck is not capable of towing.
Penalty:60 penalty units.
(3)A person who is driving a tow truck that is being operated in the course of conducting an accident towing service business under a heavy tow truck licence must ensure that the tow truck does not tow—
(a)a vehicle of a gross vehicle mass of less than 4 tonnes; or
(b)a vehicle that the tow truck is not capable of towing.
Penalty:60 penalty units.
9Offences as to unlicensed tow trucks at road accident scenes
(1)A person who is driving a tow truck that is normally used to provide towing services for hire or reward must not attend a road accident scene unless the tow truck is being operated under a tow truck licence.
Penalty:60 penalty units.
(2)A person does not commit an offence under subsection (1) if the person is driving a tow truck for the purpose of salvaging an accident damaged motor vehicle, if—
(a)the attendance of the tow truck is necessary for the salvage of the motor vehicle; and
(b)the tow truck does not tow any accident damaged motor vehicle from the road accident scene at which the salvaging takes place.
9AOffence to use vehicle other than tow truck to provide accident towing services for hire or reward
A person must not drive for hire or reward a motor vehicle that is not a tow truck for the purpose of—
(a)towing an accident damaged motor vehicle from the road accident scene at which that motor vehicle was damaged; or
(b)clearing a road accident scene.
Penalty:60 penalty units.
Division 2—Licensing
10Power to issue regular tow truck licences
(1)Subject to subsections (2), (3), (4) and (5), the Secretary may license a person to operate a tow truck that is specified in the licence in the course of conducting an accident towing service business—
(a)to provide accident towing services to vehicles of any gross vehicle mass that the tow truck is capable of towing; and
(b)from the depot specified in the licence.
(2)In the case of a licence authorised by the Minister to be issued under section 14(2)(d), the Secretary may license the relevant agency or contractor (as the case requires) to operate a tow truck that is specified in the licence in the course of conducting an accident towing service business—
(a)to provide accident towing services to vehicles of any gross vehicle mass that the tow truck is capable of towing; and
(b)from the depot specified in the licence; and
(c)on the whole or any part of the Link road or Extension road, as specified in the licence, or on any other designated road that is specified in the licence.
(3)In the case of a licence authorised by the Minister to be issued under section 14(2)(e), the Secretary may license the Freeway Corporation or contractor (as the case requires) to operate a tow truck that is specified in the licence in the course of conducting an accident towing service business—
(a)to provide accident towing services to vehicles of any gross vehicle mass that the tow truck is capable of towing; and
(b)from the depot specified in the licence; and
(c)on the whole or any part of EastLink, as specified in the licence, or on any other designated road that is specified in the licence.
(4)In the case of a licence authorised by the Minister to be issued under section 14(2)(f), the Secretary may license the relevant West Gate Tunnel agency or contractor (as the case requires) to operate a tow truck that is specified in the licence on the West Gate Tunnel tollway or on any other designated road specified in the licence, in the course of conducting an accident towing service business—
(a)to provide accident towing services to vehicles of any gross vehicle mass that the tow truck is capable of towing; and
(b)from the depot specified in the licence; and
(c)on the whole or any part of the West Gate Tunnel tollway, as specified in the licence, or on any other designated road that is specified in the licence.
(5)In the case of a licence authorised by the Minister to be issued under section 14(2)(g), the Secretary may license the relevant North East Link agency or contractor (as the case requires) to operate a tow truck that is specified in the licence in the course of conducting an accident towing service business—
(a)to provide accident towing services to vehicles of any gross vehicle mass that the tow truck is capable of towing; and
(b)from the depot specified in the licence; and
(c)on the whole or any part of the North East Link road, as specified in the licence, or on any other designated road that is specified in the licence.
11Power to issue heavy tow truck licences
(1)Subject to subsections (2), (3), (4) and (5), the Secretary may license a person to operate a tow truck that is specified in the licence in the course of conducting an accident towing service business—
(a)to provide accident towing services to vehicles that the tow truck is capable of towing that have a gross vehicle mass of 4 tonnes or more; and
(b)from the depot specified in the licence.
(2)In the case of a licence authorised by the Minister to be issued under section 15(2)(d), the Secretary may license the relevant agency or contractor (as the case requires) to operate a tow truck that is specified in the licence in the course of conducting an accident towing service business—
(a)to provide accident towing services to vehicles that the tow truck is capable of towing that have a gross vehicle mass of 4 tonnes or more; and
(b)from the depot specified in the licence; and
(c)on the whole or any part of the Link road or Extension road, as specified in the licence, or on any other designated road that is specified in the licence.
(3)In the case of a licence authorised by the Minister to be issued under section 15(2)(e), the Secretary may license the Freeway Corporation or contractor (as the case requires) to operate a tow truck that is specified in the licence in the course of conducting an accident towing service business—
(a)to provide accident towing services to vehicles that the tow truck is capable of towing that have a gross vehicle mass of 4 tonnes or more; and
(b)from the depot specified in the licence; and
(c)on the whole or any part of EastLink, as specified in the licence, or on any other designated road that is specified in the licence.
(4)In the case of a licence authorised by the Minister to be issued under section 15(2)(f), the Secretary may license the relevant West Gate Tunnel agency or contractor (as the case requires) to operate a tow truck that is specified in the licence, in the course of conducting an accident towing service business—
(a)to provide accident towing services to vehicles that the tow truck is capable of towing that have a gross vehicle mass of 4 tonnes or more; and
(b)from the depot specified in the licence; and
(c)on the whole or any part of the West Gate Tunnel tollway, as specified in the licence, or on any other designated road that is specified in the licence.
(5)In the case of a licence authorised by the Minister to be issued under section 15(2)(g), the Secretary may license the relevant North East Link agency or contractor (as the case requires) to operate a tow truck that is specified in the licence in the course of conducting an accident towing service business—
(a)to provide accident towing services to vehicles that the tow truck is capable of towing that have a gross vehicle mass of 4 tonnes or more; and
(b)from the depot specified in the licence; and
(c)on the whole or any part of the North East Link road, as specified in the licence, or on any other designated road that is specified in the licence.
12Issue of new licences and re-issue of certain limited licences
(1)Subject to subsection (2), the Secretary must not issue a new regular tow truck licence under section 10 or a new heavy tow truck licence under section 11 unless the Secretary does so in accordance with an authorisation of the Minister under Division 3.
(2)If, under section 13(2), 13(3), 13(4) or 13(5), a limited tow truck licence ceases to be held by a person, the Secretary may issue a new licence, under section 10(2), 10(3), 10(4) or 10(5), or 11(2), 11(3), 11(4) or 11(5), in substitution of the licence that has ceased to be in force, to a person entitled under the relevant subsection to hold such a licence.
13Period for which licence remains in force
(1)Subject to subsection (2), a tow truck licence remains in force until the licence is cancelled or surrendered.
(2)If a limited tow truck licence held by a relevant agency or a contractor to a relevant agency ceases to be held by the relevant agency or contractor, the licence ceases to be in force.
(3)If a limited tow truck licence, held by the Freeway Corporation or a contractor to the Freeway Corporation, ceases to be held by the Freeway Corporation or contractor, the licence ceases to be in force.
(4)If a limited tow truck licence held by a relevant West Gate Tunnel agency or a contractor ceases to be held by the relevant West Gate Tunnel agency or contractor, the licence ceases to be in force.
(5)If a limited tow truck licence held by a relevant North East Link agency or a contractor ceases to be held by the relevant North East Link agency or contractor, the licence ceases to be in force.
Division 3—Authorisation for issue of new tow truck licences
14Ministerial authorisation for the issue of regular tow truck licences
(1)The Minister may authorise the issuing of regular tow truck licences for an area.
(2)The Minister must not make an authorisation under this section for the whole or any part of a controlled area unless—
(a)the Minister considers it to be in the public interest to do so having regard to any increase in the need for tow trucks operating under regular tow truck licences in the area; or
(b)the licences to be issued are to replace licences that have been cancelled for the area; or
(c)the Minister considers that there are exceptional circumstances in the area that justify the further issue of regular tow truck licences for the area; or
(d)in the case of the Link road or the Extension road, the licences are to be issued to—
(i)a relevant agency; or
(ii)a person who is contracted by a relevant agency to provide accident towing services for the whole or a part of the Link road or Extension road—
and the Minister is of the opinion that the issue of the licences is necessary to enable the relevant agency or person contracted to the relevant agency to perform its obligations, exercise its rights or carry out its functions under this Act or the Melbourne City Link Act 1995, regulations made under this Act or that Act or the Agreement or Extension Agreement within the meaning of that Act or under any other agreement between the State and the relevant agency that makes provision with respect to towing services on the Link road or the Extension road or any other designated road; or
(e)in the case of EastLink, the licences are to be issued to—
(i)the Freeway Corporation within the meaning of the EastLink Project Act 2004; or
(ii)a person who is contracted by the Freeway Corporation to provide accident towing services for the whole or a part of Eastlink—
and the Minister is of the opinion that the issue of the licences is necessary to enable the Freeway Corporation or person contracted to the Freeway Corporation to perform its obligations, exercise its rights or carry out its functions under this Act or the EastLink Project Act 2004, regulations made under this Act or that Act or the Agreement within the meaning of that Act or under any other agreement between the State and the Freeway Corporation that makes provision with respect to towing services on the EastLink or any other designated road; or
(f)in the case of the West Gate Tunnel tollway, the licences are to be issued to—
(i)a relevant West Gate Tunnel agency; or
(ii)a person who is contracted by the relevant West Gate Tunnel agency to provide accident towing services for the whole or a part of the West Gate Tunnel tollway—
and the Minister is of the opinion that the issue of the licences is necessary to enable the relevant West Gate Tunnel agency or person contracted to the relevant West Gate Tunnel agency to perform its obligations, exercise its rights or carry out its functions under this Act or the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019 or regulations made under this Act or that Act or the West Gate Tunnel Agreement within the meaning of that Act or under any other agreement between the State and the relevant West Gate Tunnel agency that makes provision with respect to towing services on the West Gate Tunnel tollway or any other designated road;
(g)in the case of the North East Link road, the licences are to be issued to—
(i)a relevant North East Link agency; or
(ii)a person who is contracted by the relevant North East Link agency to provide accident towing services for the whole or a part of the North East Link road—
and the Minister is of the opinion that the issue of the licences is necessary to enable the relevant North East Link agency or person contracted to the relevant North East Link agency to perform its obligations, exercise its rights or carry out its functions under this Act or the North East Link Act 2020 or regulations made under this Act or that Act or a North East Link operation and maintenance agreement within the meaning of that Act or under any other agreement entered into by the relevant North East Link agency that makes provision with respect to towing services on the North East Link road or any other designated road.
(3)The Minister must not make an authorisation under this section for an area that is not within a controlled area unless—
(a)the Minister considers it to be in the public interest to do so having regard to the need for tow trucks operating under regular tow truck licences in the area; or
(b)licences to be issued are to replace licences that have been cancelled for the area; or
(c)the Minister considers that there are exceptional circumstances in the area to be specified in the licence that justify the further issue of regular tow truck licences for that area.
(4)In making an authorisation under this section, the Minister must specify the number of licences that are authorised to be issued.
(5)In making an authorisation to which subsection (2)(d), (2)(e), (2)(f) or (2)(g) applies—
(a)the Minister may require the Secretary to impose the conditions, specified in the authorisation, on the licences; and
(b)the Minister is not required to comply with section 16; and
(c)the Minister may specify fees that are payable for the licences.
15Ministerial authorisation for the issue of heavy tow truck licences
(1)The Minister may authorise the issuing of heavy tow truck licences for an area.
(2)The Minister must not make an authorisation under this section unless—
(a)the Minister considers it to be in the public interest to do so having regard to any increase in the need for tow trucks operating under heavy tow truck licences in the area; or
(b)the licences to be issued are to replace licences that have been cancelled for the area; or
(c)the Minister considers that there are exceptional circumstances in the area that justify the further issue of heavy tow truck licences for the area; or
(d)in the case of the Link road or the Extension road, the licences are to be issued to—
(i)a relevant agency; or
(ii)a person who is contracted by a relevant agency to provide accident towing services for the whole or a part of the Link road or Extension road—
and the Minister is of the opinion that the issue of the licences is necessary to enable the relevant agency or person contracted to the relevant agency to perform its obligations, exercise its rights or carry out its functions under this Act or the Melbourne City Link Act 1995, regulations made under this Act or that Act or the Agreement or Extension Agreement within the meaning of that Act or under any other agreement between the State and the relevant agency that makes provision with respect to towing services on the Link road or the Extension road or any other designated road; or
(e)in the case of EastLink, the licences are to be issued to—
(i)the Freeway Corporation within the meaning of the EastLink Project Act 2004; or
(ii)a person who is contracted by the Freeway Corporation to provide accident towing services for the whole or a part of EastLink—
and the Minister is of the opinion that the issue of the licences is necessary to enable the Freeway Corporation or person contracted to the Freeway Corporation to perform its obligations, exercise its rights or carry out its functions under this Act or the EastLink Project Act 2004, regulations made under this Act or that Act or the Agreement within the meaning of that Act or under any other agreement between the State and the Freeway Corporation that makes provision with respect to towing services on the EastLink or any other designated road; or
(f)in the case of the West Gate Tunnel tollway, the licences are to be issued to—
(i)a relevant West Gate Tunnel agency; or
(ii)a person who is contracted by the relevant West Gate Tunnel agency to provide accident towing services for the whole or a part of the West Gate Tunnel tollway—
and the Minister is of the opinion that the issue of the licences is necessary to enable the relevant West Gate Tunnel agency or person contracted to the relevant West Gate Tunnel agency to perform its obligations, exercise its rights or carry out its functions under this Act or the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019 or regulations made under this Act or that Act or the West Gate Tunnel Agreement within the meaning of that Act or under any other agreement between the State and the relevant West Gate Tunnel agency that makes provision with respect to towing services on the West Gate Tunnel tollway or any other designated road;
(g)in the case of the North East Link road, the licences are to be issued to—
(i)a relevant North East Link agency; or
(ii)a person who is contracted by the relevant North East Link agency to provide accident towing services for the whole or a part of the North East Link road—
and the Minister is of the opinion that the issue of the licences is necessary to enable the relevant North East Link agency or person contracted to the relevant North East Link agency to perform its obligations, exercise its rights or carry out its functions under this Act or the North East Link Act 2020 or regulations made under this Act or that Act or a North East Link operation and maintenance agreement within the meaning of that Act or under any other agreement entered into by the relevant North East Link agency that makes provision with respect to towing services on the North East Link road or any other designated road.
(3)In making an authorisation under this section, the Minister must specify the number of licences that are authorised to be issued.
(4)In making an authorisation to which subsection (2)(d), (2)(e), (2)(f) or (2)(g) applies—
(a)the Minister may require the Secretary to impose the conditions, specified in the authorisation, on the licences; and
(b)the Minister is not required to comply with section 16; and
(c)the Minister may specify fees that are payable for the licences.
16Notice of Ministerial authorisations under this Division
On making an authorisation under this Division the Minister must—
(a)cause notice of the authorisation to be published in the Government Gazette; and
(b)specify, in the notice, the number of licences that are authorised to be issued.
Division 4—Process for issuing new tow truck licences
17Notice that standard tow truck licences available
On being authorised to issue one or more new standard tow truck licences, the Secretary may, by notice published in the Government Gazette—
(a)specify the number of new licences that the Minister has authorised it to issue and, if relevant, the area in respect of which the licences may be issued; and
(b)specify the procedures to be followed for the issuing of those licences; and
(c)specify whether the fees to be paid for the licences are to be determined by tender or are a fixed price; and
(d)if a fixed price is to be paid, specify the price that is to be paid; and
(e)specify the details that must be included in an application for a licence; and
(f)specify where, and by when, applications for a licence must be lodged; and
(g)provide that all applications for licences, or all applications for licences to operate in a particular area, made before a specified time are to lapse.
18Applications for standard tow truck licences
(1)If a notice has been published under section 17, a person may apply to the Secretary for a standard tow truck licence specified in the notice.
(2)An application must—
(a)be made in the manner and form determined by the Secretary as set out in the notice; and
(b)be accompanied by—
(i)the prescribed fee (if any); and
(ii)any information or thing, as set out in the notice, that is reasonably required by the Secretary in order to assess the application.
19Time within which the Secretary must deal with application
(1)The Secretary must decide whether to approve or refuse an application under section 18 within one year after the closing date for applications.
(2)On deciding whether to approve or refuse to approve an application under section 18, the Secretary must give notice of the decision to the applicant.
20Approval of applications
(1)The Secretary must not approve an application under section 18—
(a)unless the Secretary is satisfied—
(i)that the applicant holds a towing operator accreditation; and
(ii)that the applicant is the registered operator (within the meaning of the Road Safety Act 1986) of the tow truck in respect of which the licence is to be issued; or
(b)if the prescribed fee (if any) has not been paid.
(2)An applicant for a standard tow truck licence whose application has been approved must give the Secretary details in writing of the tow truck that is to be specified in the licence within 90 days of receiving the notice under section 19(2).
(3)The Secretary may, on the written application of an applicant, extend the period of 90 days specified in subsection (2).
(4)Approval of an application ceases to have effect if the details of the tow truck are not given to the Secretary within the time provided for in this section.
21Issue of standard tow truck licences to approved applicants etc.
The Secretary must issue a standard tow truck licence to a person whose application for such a licence has been approved—
(a)if the Secretary has been given the details of the tow truck on or before the approval of the application, on approving the application; or
(b)if the Secretary has not been given the details of the tow truck on or before the approval of the application, on receiving the details of the tow truck in accordance with section 20(2).
22The Secretary's discretion as to persons to whom limited tow truck licences issued
The Secretary may issue a new limited tow truck licence to a person under the relevant authorisation of the Minister, if the Secretary is satisfied that the person to whom the licence is to be issued holds a towing operator accreditation.
Division 5—General provisions applying to tow truck licences
23Fees payable for licences
(1)The fee that must be paid for a standard tow truck licence on the issuing of the licence is—
(a)if the notice that is published in the Government Gazette of the authorisation of the Minister under Division 3 has specified a fixed price, the fixed price so specified; or
(b)if a tender method is adopted for the granting of standard tow truck licences, the amount specified in the successful tender for the licence.
(2)Despite subsection (1), the Secretary may allow a licence fee to be paid by instalments.
(3)The fee that must be paid for the issue of a limited tow truck licence must be the fee specified by the Minister in the authorisation made under Division 3.
24Certificate on issue of licence
(1)If the Secretary issues a tow truck licence it must give the licence holder a certificate evidencing the issue of the licence that sets out the name and address of the licence holder.
(2)If the Secretary allows a licence fee to be paid by instalments, it may issue a certificate under subsection (1) on the payment of the first instalment.
25Conditions on licences
(1)On the issue of a tow truck licence by the Secretary, the Secretary may impose conditions on the licence.
(1A)A condition imposed on a tow truck licence under subsection (1) may prohibit a tow truck operating under the licence from—
(a)attending an area specified in the licence; and
(b)being used to tow, or attempt to tow, any accident damaged vehicle (regardless of its gross vehicle mass) from an area that under this Act or the licence the tow truck is prohibited from attending.
(2)The Secretary may at any time, on the Secretary's own initiative or on the written application of the holder of a tow truck licence—
(a)vary or revoke a condition imposed on the licence; or
(b)impose a new condition on the licence.
(3)The Secretary must not, on the Secretary's own initiative, vary or revoke a condition on a tow truck licence or impose a new condition on a tow truck licence unless the Secretary has first given the holder of the licence—
(a)notice of the variation, revocation or imposition of the condition; and
(b)an opportunity to make written submissions on the variation, revocation or imposition of the condition.
(4)A tow truck licence is also subject to any condition that applies to the licence and that is set out in regulations made under this Act.
26Offence not to comply with conditions on licence
The holder of a tow truck licence must comply with a condition to which the licence is subject.
Penalty:In the case of a natural person, 30 penalty units;
In the case of a body corporate, 150 penalty units.
27Specified tow trucks
(1)Despite section 10, the Secretary may, on an application under subsection (2), exempt the holder of a Melbourne licence from the requirement that a tow truck be specified in respect of the licence.
(2)The holder of a Melbourne licence may apply to the Secretary for an exemption under subsection (1).
(3)The Secretary may, on an application under subsection (4), alter the specification of a tow truck in a tow truck licence by substituting another tow truck for the tow truck so specified.
(4)The holder of a tow truck licence may apply to the Secretary for the specification of the tow truck in the licence to be altered under subsection (3).
(5)An application under this section must—
(a)be in the form approved by the Secretary; and
(ab)be accompanied by the prescribed fee (if any); and
(b)contain the information required by the Secretary.
28Nature of and dealings with tow truck licences
(1)A tow truck licence forms part of the property of the holder of the licence and may be dealt with accordingly.
(2)Despite subsection (1), the holder of a tow truck licence is not entitled to transfer the licence held by that person or any of the holder's rights under the licence to another person, whether by way of assignment, lease or any other means.
(3)Subsection (2) does not apply to a transfer of a tow truck licence under this Part.
29Transfer of tow truck licence to another person
(1)On receiving an application under section 30 the Secretary may approve the transfer of a tow truck licence held by one person to another person.
(2)The Secretary must not approve the transfer of a licence under subsection (1) unless the Secretary is satisfied that the person to whom the licence is to be transferred—
(a)holds a towing operator accreditation; and
(b)is the registered operator (within the meaning of the Road Safety Act 1986) of the tow truck specified in the licence; and
(c)in the case of a licence issued under section 10(2) or 11(2), is a relevant agency or a person who is contracted to provide accident towing services to a relevant agency; and
(d)in the case of a licence issued under section 10(3) or 11(3), is the Freeway Corporation or a person who is contracted to provide accident towing services to the Freeway Corporation; and
(e)in the case of a licence issued under section 10(4) or 11(4), is a relevant West Gate Tunnel agency or a person who is contracted to provide accident towing services to the relevant West Gate Tunnel agency; and
(f)in the case of a licence issued under section 10(5) or 11(5), is a relevant North East Link agency or a person who is contracted to provide accident towing services to the relevant North East Link agency.
30Application for transfer of tow truck licence
(1)The holder of a tow truck licence may apply to the Secretary for approval to transfer the licence to another person.
(2)An application under subsection (1) must—
(a)be made in the manner and form determined by the Secretary; and
(ab)be accompanied by the prescribed fee (if any); and
(b)be accompanied by any information or thing required by the Secretary.
31Recording and taking effect of transfer
(1)If—
(a)the Secretary has approved the transfer of a tow truck licence; and
(b)the Secretary has received a document of transfer—
(i)in the form approved by the Secretary; and
(ii)containing the information that is reasonably required by the Secretary in order to give effect to the transfer; and
(iii)executed by the holder of the licence and the person to whom the licence is being transferred—
the Secretary must record the transfer of the tow truck licence in the register kept under subsection (4), in accordance with the document of transfer.
(2)The transfer of a tow truck licence takes effect on the recording of the transfer by the Secretary in the register kept under subsection (4).
(3)On the recording of the transfer by the Secretary, the Secretary may amend the certificate issued in relation to the tow truck licence under section 24 to record the name and address of the new holder of the licence.
(4)The Secretary must keep a register of tow truck licences.
Division 6—Cancellation and suspension of tow truck licences
32The Secretary may cancel or suspend a tow truck licence
(1)The Secretary may cancel or suspend a tow truck licence if—
(a)the holder of the licence has not complied with a condition of the licence; or
(b)the holder of the licence has not complied with a provision of this Act, the Road Safety Act 1986, the Transport (Compliance and Miscellaneous) Act 1983 or regulations made under this Act or those Acts; or
(c)the holder of the licence has not complied with a provision of the Heavy Vehicle National Law (Victoria) or the national regulations.
(2)If the Secretary determines under subsection (1) to suspend a licence, the Secretary must determine the period for which the licence is to be suspended.
(3)Before taking action under subsection (1), the Secretary must—
(a)give the holder of the licence written notice of the action that the Secretary proposes to take and of the reasons for taking that action; and
(b)allow the holder of the licence to make written representations about the intended action within 10 business days (or any other period that the Secretary and the holder of the licence agree on); and
(c)must have regard to any written representations made within the time specified in paragraph (b).
(4)Subsection (3) does not apply if the Secretary considers it necessary to take immediate action in the interests of public safety.
(5)The Secretary must—
(a)give the holder of the licence—
(i)details of any action taken under subsection (1); and
(ii)a statement of reasons for any action taken under subsection (1); and
(iii)if the licence is suspended, the period of the suspension; and
(b)notify the holder of the licence that the person has a right to seek review of the Secretary's decision under Division 11.
(6)The Secretary must give the details, the statement of reasons and notice under subsection (5) in writing.
33Effect of cancellation or suspension of accreditation of licence holder
(1)If the towing operator accreditation of the holder of a tow truck licence is cancelled, on the cancellation of that accreditation, the tow truck licence is to be taken to be cancelled.
(2)Subsection (1) does not apply if, not more than 60 days after the cancellation of the accreditation, and in accordance with this Part, the licence is transferred to another person.
(3)If the towing operator accreditation of the holder of a tow truck licence is suspended, on the accreditation being suspended, the tow truck licence is to be taken to be suspended for the period of the suspension of the accreditation.
(4)If, not more than 60 days after the accreditation of the holder of a tow truck licence is suspended, the tow truck licence is transferred to another person, subsection (3) ceases to apply to the licence on the taking effect of the transfer.
34Requirement to surrender licence certificate on cancellation or suspension of towing operator accreditation
The holder of a tow truck licence whose towing operator accreditation is cancelled or suspended must, within 7 days after the accreditation is cancelled or suspended, surrender the licence certificate to the Secretary.
Penalty:20 penalty units.
Division 7—Permits to operate tow trucks in specific circumstances
35Temporary permits
(1)The Secretary may grant a permit to the holder of a tow truck licence, authorising the tow truck specified in the licence to be operated in a manner not authorised by the licence or in a manner that is contrary to the manner authorised by the licence.
(2)The Secretary may impose any conditions on the permit that the Secretary thinks fit.
(3)A permit under this section remains in force for the period determined by the Secretary and specified in the permit.
(4)An application for a permit must be in the form determined by and contain the information required by the Secretary.
(4A)An application for a permit under this section must be accompanied by the prescribed fee (if any).
(5)The holder of a permit must comply with the permit, including any conditions on the permit.
Penalty:In the case of a natural person, 30 penalty units;
In the case of body corporate, 150 penalty units.
(6)A person does not commit an offence under Division 1 or section 26 if that person is operating a tow truck in accordance with a temporary permit.
36Offence not to carry permit when driving
If a tow truck is being operated under a temporary permit, the driver of the tow truck must carry the permit in the tow truck.
Penalty:20 penalty units.
37Offence not to produce permit when asked
The driver of a tow truck that is being operated under a temporary permit must produce the permit if he or she is asked to do so by—
(a)an authorised officer; or
(b)a police officer; or
(c)the owner or driver of an accident damaged motor vehicle that is, or is about to be, towed by the tow truck.
Penalty:20 penalty units.
Division 8—Offences as to tow trucks
38Offence not to take care in driving or operating tow truck
(1)The driver of a tow truck, when towing an accident damaged motor vehicle, must not—
(a)lose or damage the motor vehicle; or
(b)lose or damage anything in or on the motor vehicle.
Penalty:20 penalty units.
(2)In any proceedings for an offence against subsection (1), it is a defence if the person charged—
(a)complied with any Code of Practice approved by the Minister under Part 7 that applies to drivers of tow trucks when towing accident damaged motor vehicles; and
(b)took all the precautions that were appropriate in the circumstances.
(3)The holder of a tow truck licence must take all reasonable steps to ensure that—
(a)any accident damaged motor vehicle that is being towed by the tow truck specified in the licence is not lost or damaged; and
(b)nothing in or on a motor vehicle is lost or damaged.
Penalty:In the case of a natural person, 20 penalty units;
In the case of a body corporate, 100 penalty units.
39Offence to leave tow truck standing for more than a certain period
The driver of a tow truck must not leave the tow truck standing at a road accident scene in a manner that obstructs the road for any longer period than is necessary to—
(a)get authorisation to tow an accident damaged motor vehicle that is at the road accident scene (where so required); and
(b)load the motor vehicle onto the tow truck.
Penalty:20 penalty units.
40Offence for persons to travel in accident damaged motor vehicles
(1)The driver of a tow truck must not permit or allow a person to travel in an accident damaged motor vehicle that is being towed from a road accident scene by the tow truck.
Penalty:20 penalty units.
(2)Subsection (1) does not apply to an accident damaged motor vehicle that is being towed if—
(a)the motor vehicle has a gross vehicle mass of 4 tonnes or more; and
(b)it is necessary for a person to steer or control the motor vehicle to enable the motor vehicle to be towed safely.
41Certain persons may be ordered to leave restricted road accident area
(1)A police officer or an authorised officer may direct a person referred to in subsection (2) to leave a restricted road accident area if the police officer or authorised officer believes on reasonable grounds that the person's presence is—
(a)causing an unwarranted obstruction to traffic; or
(b)hindering efforts to attend to any injured person or damaged property; or
(c)otherwise hindering or obstructing the orderly towing of a motor vehicle from the place where the road accident occurred.
(2)A direction under subsection (1) may be given to—
(a)the holder of a tow truck licence;
(b)a tow truck driver;
(c)a person who carries out, or is engaged in the business of carrying out, repair work on accident damaged motor vehicles;
(d)a person acting on behalf of a person referred to in paragraph (a), (b) or (c).
(3)A person must not, without reasonable excuse, fail to comply with a direction given to him or her under subsection (1).
Penalty:50 penalty units.
(4)Subsection (1) is in addition to any other powers of a police officer under any Act or at common law for or with respect to maintaining public order.
(5)In this section restricted road accident area means an area within a 500 metre radius of a place where an accident damaged motor vehicle has come to rest after the road accident in which the motor vehicle was damaged.
Division 9—Operation of tow trucks in controlled areas
42Allocation offences in controlled areas
(1)The holder of a regular tow truck licence must not cause the tow truck operating under that licence—
(a)to attend a road accident scene in a controlled area; or
(b)to be used to tow, or attempt to tow, an accident damaged motor vehicle, with a gross vehicle mass of less than 4 tonnes, from a road accident scene in a controlled area—
unless the allocation body for that area has authorised that the tow truck operating under the licence so attend or be so used, and the allocation body has given a job number for that authorisation to the holder of the licence.
Penalty:100 penalty units.
(2)The driver of a tow truck operating under a regular tow truck licence must not—
(a)attend a road accident scene in a controlled area; or
(b)use the tow truck to tow, or attempt to tow an accident damaged motor vehicle, with a gross vehicle mass of less than 4 tonnes, from a road accident scene in a controlled area—
unless the allocation body for that area has authorised that the tow truck so attend or be so used, and the allocation body has given a job number for that authorisation to the holder of the licence for the tow truck.
Penalty:50 penalty units.
(3)Subsections (1) and (2) do not apply to any attendance at a road accident scene, or any towing of, or attempt to tow, an accident damaged motor vehicle from a road accident scene by a tow truck—
(a)if the road accident scene is on a designated road; and
(b)if—
(i)in the case of a road accident scene that is on the Link road or Extension road or a designated road, the tow truck driver is authorised by the relevant corporation (within the meaning of the Melbourne City Link Act 1995) or a person who is contracted by a relevant agency to provide accident towing services for the whole or a part of the Link road or Extension road to attend road accident scenes on that road; or
(ii)in the case of a road accident scene that is on EastLink or a designated road, the tow truck driver is authorised by the Freeway Corporation within the meaning of the EastLink Project Act 2004 or a person contracted to provide accident towing services for the whole or a part of EastLink, to attend road accident scenes on that road; or
(iia)in the case of a road accident scene that is on the Peninsula Link Freeway, the tow truck driver is authorised by the Peninsula Link Freeway Corporation to attend road accident scenes on that road; or
(iib)in the case of a road accident scene that is on the West Gate Tunnel tollway or a designated road, the tow truck driver is authorised by the relevant West Gate Tunnel agency or a person contracted to provide accident towing services for the whole or a part of the West Gate Tunnel tollway to attend road accident scenes on that road; or
(iic)in the case of a road accident scene that is on the North East Link road or a designated road, the tow truck driver is authorised by the relevant North East Link agency or a person contracted to provide accident towing services for the whole or a part of the North East Link road to attend road accident scenes on that road; or
(iii)in the case of a road accident scene that is on a designated road (within the meaning of paragraph (d) or (e) of the definition of designated road), the tow truck driver is authorised under section 119A of the Road Management Act 2004 to attend accident scenes on that road; and
Section 224
1Definitions
In this Schedule—
commencement day means the day on which Part 9 of this Act commences;
disqualified person, in respect of—
(a)tow truck driver accreditation, means a person in respect of whom, if the person were to be an applicant for tow truck driver accreditation, VicRoads would be required to refuse accreditation under section 107; or
(b)towing operator accreditation, means a person in respect of whom, if the person were to be an applicant for a towing operator accreditation, VicRoads would be required to refuse the accreditation under section 66(1);
old Act means the Transport Act 1983 as in force immediately before the commencement day;
old accident towing licence means an accident towing licence, within the meaning of Part VI of the old Act, being a licence that is in force immediately before the commencement day;
old demerits register means the register of demerit points kept by the Secretary under section 181B of the old Act as in force immediately before the commencement day;
old driver authority means an accident towing driver authority that has been issued under section 182B of the old Act and that is in force immediately before the commencement day;
old heavy accident tow truck towing licence means a heavy accident tow truck towing licence, within the meaning of Part VI of the old Act, that is in force immediately before the commencement day;
old limited tow truck licence means—
(a)a heavy accident towing licence within the meaning of Part VI of the old Act; or
(b)an accident towing licence within the meaning of Part VI of the old Act—
that is in force immediately before the commencement day and that is held by a relevant agency;
Secretary means the person who is, for the time being, the Department Head (within the meaning of the Public Administration Act 2004) of the Department.
2Tow Truck Driver Authorities
A person who was, immediately before the commencement day, the holder of an old driver authority—
(a)who is not a disqualified person; or
(b)who is a disqualified person who has been determined to be eligible by VicRoads under clause 10(1)(a)—
is taken to be the holder of a tow truck driver accreditation that is taken to—
(c)continue in force for the remainder of the period of the old driver authority; and
(d)be subject to the same conditions as those that applied to the old driver authority immediately before the commencement day, to the extent that those conditions are not inconsistent with this Act.
3Accident towing licences
(1)A person who was, immediately before the commencement day, the holder of an old heavy accident tow truck towing licence is taken to be the holder of a heavy tow truck licence—
(a)for which the tow truck, to which the licence applied immediately before the commencement day, is taken to be the specified tow truck for the licence; and
(b)that—
(i)is taken to continue in force for the remainder of the period of the old licence; and
(ii)is taken to be subject to the same conditions as those that applied to the old licence immediately before the commencement day, to the extent that those conditions are not inconsistent with this Act or regulations made under this Act; and
(iii)in the case of such a licence that is an old limited tow truck licence, is taken to be a limited tow truck licence.
(2)A person who was, immediately before the commencement day, the holder of an old accident towing licence is taken to be the holder of a regular tow truck licence—
(a)for which the tow truck, to which the licence applied immediately before the commencement day, is taken to be the specified tow truck for the licence; and
(b)that—
(i)is taken to continue in force for the remainder of the period of the old licence; and
(ii)is taken to be subject to the same conditions as those that applied to the old licence immediately before the commencement day, to the extent that those conditions are not inconsistent with this Act or regulations made under this Act; and
(iii)in the case of such a licence that is an old limited tow truck licence, is taken to be a limited tow truck licence.
4Operator accreditations
A person who was, immediately before the commencement day, the holder of an old heavy accident tow truck towing licence or the holder of an old accident towing licence—
(a)who is not a disqualified person; or
(b)who is a disqualified person who has been determined to be eligible by VicRoads under clause 10(1)(b) or 10(1)(c)—
is taken to be the holder of a towing operator accreditation that is to be taken to remain in force for a period of 12 months from the commencement day, unless sooner cancelled or suspended under this Act.
5Demerit points
If, immediately before the commencement day, a person is recorded in the old demerits register as having incurred demerit points, the demerit points so recorded are taken to be accident towing demerit points within the meaning of this Act incurred by that person and, for the purposes of this Act, the point in time at which the demerit points have been incurred is to be taken to be the same point in time as that which applied under the old Act.
6Determination of tow truck charges
A determination of the Minister that has been made under section 184A of the old Act, and that is in force immediately before the commencement day, is taken to be a determination made under section 211 and may be amended or revoked accordingly.
7Continuation of operation of regulations
If Part 9 of this Act commences before 14 November 2008, despite that commencement, Part 4 of the Transport (Tow Truck) Regulations 2005, as in force immediately before that commencement is to be taken to continue in force until 14 November 2008, as if the Regulations were made under this Act, and the following provisions apply—
(a)the Regulations may be amended or revoked as if they were made under this Act;
(b)in the Regulations—
licensing authority is to be taken to mean VicRoads.
8Saving of references in agreements etc.
(1)Any reference to the Director of Public Transport in any relevant agreement, instrument, deed or other document, so far as it relates to any period after the commencement day and if not inconsistent with the context or subject-matter, must be construed as a reference to VicRoads.
(2)In this clause—
relevant agreement, instrument, deed or other document means any agreement, instrument, deed or other document—
(a)entered into under Division 8 of Part VI of the Transport Act 1983 (as in force before its repeal by this Act); and
(b)in force immediately before the commencement day.
9Melbourne controlled area
(1)Despite the commencement of Part 9 of this Act, the Melbourne controlled area is to be taken to be the area described by a declaration published in the Government Gazette on 31 October 2002 at pages 2919 to 2921.
(2)This clause is repealed on the first anniversary of its commencement.
10Determinations of eligibility
(1)VicRoads may determine that—
(a)the holder of an old driver authority who is a disqualified person in respect of tow truck driver accreditation is eligible to be taken to be the holder of a tow truck driver accreditation; or
(b)the holder of an old heavy accident tow truck towing licence who is a disqualified person in respect of towing operator accreditation is eligible to be taken to be the holder of a towing operator accreditation; or
(c)the holder of an old accident towing licence who is a disqualified person in respect of towing operator accreditation is eligible to be taken to be the holder of a towing operator accreditation.
(2)VicRoads must—
(a)refuse an application for a determination under subclause (1)(a) unless VicRoads is satisfied that the applicant has demonstrated that there are exceptional circumstances that make the determination appropriate having regard to the driver accreditation objective.
(b)refuse an application for a determination under subclause (1)(b) or (c) unless VicRoads is satisfied that the applicant has demonstrated that there are exceptional circumstances that make the determination appropriate having regard to the industry accreditation objective.
(3)In making a determination under subclause (1) VicRoads may have regard to all or any of the following matters—
(a)the nature and gravity of any relevant offence or alleged offence and its relevance to the activities in respect of which accreditation is sought; and
(b)the period of time since the offence or alleged offence was committed or was alleged to have been committed; and
(c)if there has been a finding of guilt or a conviction, whether the finding of guilt or the conviction was recorded; and
(d)if there has been a finding of guilt or a conviction, the sentence (if any) imposed for the offence; and
(e)the age of the applicant or nominated person or relevant person when the offence or alleged offence was committed or was alleged to have been committed; and
(f)if there has been a finding of guilt or a conviction, whether or not the conduct that constituted the offence has been decriminalised since the offence was committed; and
(g)the behaviour of the applicant or nominated person or relevant person since committing the offence or since the offence was alleged to have been committed; and
(h)the likelihood of the applicant or nominated person or relevant person committing an offence in the future, in particular, any future threat to persons involved in accidents or the owners of accident damaged motor vehicles; and
(i)any information given by the applicant, nominated person or relevant person; and
(j)any other matter that VicRoads considers relevant.
(4)A person who is the holder of an old driver authority, an old heavy accident tow truck towing licence or an old accident towing licence may apply to VicRoads for a determination under subclause (1).
(5)An application under this clause must be made before the commencement day.
(6)So far as is necessary to give effect to this clause before the commencement day, words and phrases used in this clause have the same meaning as they would have if the remaining provisions of the Act were in operation.
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 19 April 2007
Legislative Council: 20 June 2007
The long title for the Bill for this Act was "A Bill for an Act to make provision for accident towing services and other matters relating to the towing, storage and repair of motor vehicles, to amend the Infringements Act 2006, the Melbourne City Link Act 1995, the Police Regulation Act 1958, the Road Safety Act 1986 and the Transport Act 1983 and for other purposes."
The Accident Towing Services Act 2007 was assented to on 24 July 2007 and came into operation as follows:
Sections 1, 2 and Schedule 3 clause 10 on 25 July 2007: section 2(1); rest of Act on 1 January 2009: section 2(3).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Accident Towing Services Act 2007 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Accident Towing Services Act 2007, No. 30/2007
Assent Date: 24.7.07 Commencement Date: S. 239 on 1.1.10: s. 239; s. 231(6) inserted on 1.1.20 by No. 49/2019 s. 139: Special Gazette (No. 514) 10.12.19 p. 1 Note: S. 231(6) provided that s. 231 expired on 1.1.22 Current State: This information relates only to the provision/s amending the Accident Towing Services Act 2007
Road Legislation Amendment Act 2009, No. 28/2009
Assent Date: 17.6.09 Commencement Date: Ss 62–86 on 18.6.09: s. 2(1) CurrentState: This information relates only to the provision/s amending the Accident Towing Services Act 2007
Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009
Assent Date: 24.11.09 Commencement Date: S. 97(Sch. item 4) on 1.1.10: Government Gazette 10.12.09 p. 3215 CurrentState: This information relates only to the provision/s amending the Accident Towing Services Act 2007
Transport Legislation Amendment (Hoon Boating and Other Amendments) Act 2009, No. 93/2009
Assent Date: 15.12.09 Commencement Date: Ss 32–35 on 17.12.09: Government Gazette 17.12.09 p. 3339 CurrentState: This information relates only to the provision/s amending the Accident Towing Services Act 2007
Transport Integration Act 2010, No. 6/2010 (as amended by No. 45/2010)
Assent Date: 2.3.10 Commencement Date: Ss 24(5)(Sch. 1 item 1), 203(1)(Sch. 6 item 1) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1 CurrentState: This information relates only to the provision/s amending the Accident Towing Services Act 2007
Accident Towing Services Amendment Act 2011, No. 40/2011
Assent Date: 6.9.11 Commencement Date: Ss 3–21, Sch. on 7.9.11: s. 2 CurrentState: This information relates only to the provision/s amending the Accident Towing Services Act 2007
Australian Consumer Law and Fair Trading Act 2012, No. 21/2012
Assent Date: 8.5.12 Commencement Date: S. 239(Sch. 6 item 1) on 1.7.12: Special Gazette (No. 214) 28.6.12 p. 1 CurrentState: This information relates only to the provision/s amending the Accident Towing Services Act 2007
Statute Law Revision Act 2012, No. 43/2012
Assent Date: 27.6.12 Commencement Date: S. 3(Sch. item 2) on 28.6.12: s. 2(1) CurrentState: This information relates only to the provision/s amending the Accident Towing Services Act 2007
Road Management Amendment (Peninsula Link) Act 2012, No. 70/2012
Assent Date: 20.11.12 Commencement Date: Ss 13, 14 on 5.12.12: Special Gazette (No. 419) 4.12.12 p. 1 CurrentState: This information relates only to the provision/s amending the Accident Towing Services Act 2007
Heavy Vehicle National Law Application Act 2013, No. 30/2013
Assent Date: 4.6.13 Commencement Date: S. 60(Sch. item 2) on 10.2.14: Special Gazette (No. 28) 4.2.14 p. 1 CurrentState: This information relates only to the provision/s amending the Accident Towing Services Act 2007
Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013, No. 55/2013
Assent Date: 24.9.13 Commencement Date: Ss 20–24 on 1.1.14: s. 2(3) CurrentState: This information relates only to the provision/s amending the Accident Towing Services Act 2007
Statute Law Revision Act 2013, No. 70/2013
Assent Date: 19.11.13 Commencement Date: S. 4(Sch. 2 item 1) on 1.12.13: s. 2(1) CurrentState: This information relates only to the provision/s amending the Accident Towing Services Act 2007
Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014
Assent Date: 3.6.14 Commencement Date: S. 10(Sch. item 3) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 Current State: This information relates only to the provision/s amending the Accident Towing Services Act 2007
Treasury Legislation and Other Acts Amendment Act 2014, No. 44/2014
Assent Date: 27.6.14 Commencement Date: S. 33(Sch. item 2) on 30.6.14: s. 2(5) Current State: This information relates only to the provision/s amending the Accident Towing Services Act 2007
Criminal Organisations Control and Other Acts Amendment Act 2014, No. 55/2014
Assent Date: 26.8.14 Commencement Date: S. 140 on 31.10.14: Special Gazette (No. 330) 23.9.14 p. 1 Current State: This information relates only to the provision/s amending the Accident Towing Services Act 2007
Crimes Amendment (Sexual Offences) Act 2016, No. 47/2016
Assent Date: 6.9.16 Commencement Date: S. 31 on 1.7.17: s. 2(2) CurrentState: This information relates only to the provision/s amending the Accident Towing Services Act 2007
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019, No. 8/2019 (as amended by No. 49/2019)
Assent Date: 26.3.19 Commencement Date: Ss 79(1)(2)(4), 80–87 on 19.2.20: s. 2(3); s. 79(3) never proclaimed, repealed by No. 49/2019 s. 161 CurrentState: This information relates only to the provision/s amending the Accident Towing Services Act 2007
Essential Services Commission Amendment (Governance, Procedural and Administrative Improvements) Act 2019, No. 21/2019
Assent Date: 20.8.19 Commencement Date: S. 22 on 6.12.19: Special Gazette (No. 496) 3.12.19 p. 1 CurrentState: This information relates only to the provision/s amending the Accident Towing Services Act 2007
Transport Legislation Amendment Act 2019, No. 49/2019
Assent Date: 3.12.19 Commencement Date: Ss 127−139, 140(Sch. 2) on 1.1.20: Special Gazette (No. 514) 10.12.19 p. 1 CurrentState: This information relates only to the provision/s amending the Accident Towing Services Act 2007
North East Link Act 2020, No. 18/2020
Assent Date: 10.6.20 Commencement Date: Ss 114−122 on 1.3.21: s. 2(2) CurrentState: This information relates only to the provision/s amending the Accident Towing Services Act 2007
Transport Legislation Amendment Act 2020, No. 41/2020
Assent Date: 1.12.20 Commencement Date: S. 5 on 1.4.21: Special Gazette (No. 152) 30.3.21 p. 1; ss 3, 4 on 27.10.21: s. 2(3) CurrentState: This information relates only to the provision/s amending the Accident Towing Services Act 2007
Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021, No. 41/2021
Assent Date: 19.10.21 Commencement Date: S. 120 on 1.12.21: Special Gazette (No. 673) 30.11.21 p. 1 CurrentState: This information relates only to the provision/s amending the Accident Towing Services Act 2007
Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025, No. 25/2025
Assent Date: 5.8.25 Commencement Date: Ss 97, 98, 106(Sch. 1 item 2) on 6.8.25: s. 2(1) CurrentState: This information relates only to the provision/s amending the Accident Towing Services Act 2007
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3 Explanatory details
No entries at date of publication.
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