Accident Towing Services (Transport Legislation Amendment Act 2019) Transitional Regulations 2019 (Vic)
Version No. 001
Accident Towing Services (Transport Legislation Amendment Act 2019) Transitional Regulations 2019
S.R. No. 169/2019
Version as at
1 January 2020
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary
1Objective
2Authorising provision
3Commencement
4Definitions
Part 2—Transitional provisions relating to the Act
5Tow truck licences
6Standard tow truck licences notices
7Certificates on issue of tow truck licence
8Exemptions from requirement for tow trucks to be specified in respect of tow truck licences
9Register of tow truck licences
10Temporary permits
11Controlled areas
12Allocation bodies
13Self-management areas
14Accreditations under the Act
15Certificates of industry accreditations and certificates of driver accreditations
16Notifications of change of address
17Consents for surrender of accreditations
18Tow truck trainee permits
19Notifications to VicRoads under section 160 because of a change in circumstances
20Certificates where authority to tow defective or lost
21Accident Towing Demerits Register
22Notices of suspension
23Improvement notices
24Authorised officer appointments
25Authorised officer identity cards
26Charges determined by the Minister
27Evidentiary certificates of Chief Executive of VicRoads
28VicRoads approvals
29Authorisations
30Substitution of VicRoads as a party in proceedings relating to functions and powers under Act
Part 3—Transitional provisions relating to the Accident Towing Services Regulations 2019
31Principal Regulations
32Qualifications for accreditations and renewals
33Things commenced but not completed by VicRoads under regulation 7 or 14 processes
34Notifications of changes of address or the required amendment
35Exemptions from specified depot requirements
36Directions to produce tow trucks
37Appointment of chief allocation officer and allocation officer
38Directions to remove or suspend from road accident scene roster
39Authorisations issued by VicRoads
40Approved information pamphlets
41Notices of recording of accident towing demerit points
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Endnotes
1 General information
2 Table of Amendments
3 Amendments Not in Operation
4 Explanatory details
Version No. 001
Accident Towing Services (Transport Legislation Amendment Act 2019) Transitional Regulations 2019
S.R. No. 169/2019
Version as at
1 January 2020
Part 1—Preliminary
1Objective
The objective of these Regulations is to provide for matters of a transitional nature arising as a result of amendments made by the Transport Legislation Amendment Act 2019 to the Accident Towing Services Act 2007 that transfer the functions and powers of VicRoads to the Secretary to the Department of Transport.
2Authorising provision
These Regulations are made under section 231 of the Accident Towing Services Act 2007.
3Commencement
These Regulations come into operation on 1 January 2020.
4Definitions
In these Regulations—
allocation officer has the same meaning as in regulation 5 of the Accident Towing Services Regulations 2019;
chief allocation officer has the same meaning as in regulation 5 of the Accident Towing Services Regulations 2019;
commencement day has the same meaning as in section 225 of the Act;
scheme accreditation means—
(a)a tow truck driver accreditation; or
(b)a towing depot manager accreditation; or
(c)towing operator accreditation;
the Act means the Accident Towing Services Act 2007;
VicRoads has the same meaning as in section 225 of the Act.
Part 2—Transitional provisions relating to the Act
5Tow truck licences
(1)This regulation applies to a tow truck licence that is in effect immediately before the commencement day including a tow truck licence that is suspended under the Act immediately before that day.
(2)On the commencement day, the tow truck licence is taken to have been issued under the Act by the Secretary.
6Standard tow truck licences notices
A notice published by VicRoads under section 17 of the Act specifying and providing for the matters set out in that section that is in effect immediately before the commencement day is taken, on that day, to be a notice under that section published by the Secretary.
7Certificates on issue of tow truck licence
A certificate evidencing the issue of a tow truck licence given by VicRoads under section 24 of the Act before the commencement day is taken, on that day, to be a certificate evidencing the issue of a tow truck licence given by the Secretary under that section.
8Exemptions from requirement for tow trucks to be specified in respect of tow truck licences
An exemption given by VicRoads under section 27 of the Act that is in effect immediately before the commencement day is taken, on that day, to have been given by the Secretary under that section.
9Register of tow truck licences
Without limiting section 228 of the Act, the register of tow truck licences kept by VicRoads under section 31(4) of the Act before the commencement day is taken, on and after that day, to be kept by the Secretary under that subsection.
10Temporary permits
A permit granted by VicRoads under section 35(1) of the Act that is in effect immediately before the commencement day is taken, on that day, to be a permit granted under that subsection by the Secretary.
11Controlled areas
A declaration of a controlled area under section 46 of the Act by VicRoads that is in effect immediately before the commencement day is taken, on that day, to be a declaration of a controlled area by the Secretary under that section.
12Allocation bodies
An appointment of an allocation body under section 47 of the Act by VicRoads that is in effect immediately before the commencement day is taken, on that day, to be an appointment of the allocation body by the Secretary under that section.
13Self-management areas
A declaration of a self-management area under section 52 of the Act by VicRoads that is in effect immediately before the commencement day is taken, on that day, to be a declaration of a self‑management area by the Secretary under that section.
14Accreditations under the Act
(1)This regulation applies to a scheme accreditation that is in effect immediately before the commencement day, including a scheme accreditation that is suspended under the Act immediately before that day.
(2)On the commencement day, the scheme accreditation is taken to have been granted or renewed by the Secretary under the Act, as the case requires.
15Certificates of industry accreditations and certificates of driver accreditations
A certificate of accreditation issued by VicRoads under section 76(1) or 116(1) of the Act before the commencement day is taken, on that day, to have been issued by the Secretary under section 76(1) or 116(1) of the Act, as the case requires.
16Notifications of change of address
A notification given to VicRoads for the purposes of section 118(a) of the Act before the commencement day is taken, on that day, to have been given to the Secretary for the purposes of that paragraph.
17Consents for surrender of accreditations
A consent to the surrender of an accreditation given by VicRoads under section 139 of the Act before the commencement day is taken, on that day, to have been given by the Secretary under that section.
18Tow truck trainee permits
A tow truck trainee permit issued by VicRoads under Division 8 of Part 4 of the Act that is in effect immediately before the commencement day is taken, on that day, to have been issued by the Secretary under that Division.
19Notifications to VicRoads under section 160 because of a change in circumstances
A notification given to VicRoads for the purposes of section 160(1), (2) or (3) of the Act before the commencement day is taken, on that day, to have been given to the Secretary for the purposes of section 160(1), (2) or (3) of the Act, as the case requires.
20Certificates where authority to tow defective or lost
A certificate issued by VicRoads for the purposes of section 162 of the Act before the commencement day is taken, on that day, to have been issued by the Secretary for the purposes of that section.
21Accident Towing Demerits Register
Without limiting section 228 of the Act, the Accident Towing Demerits Register kept by VicRoads under section 164 of the Act before the commencement day is taken, on and after that day, to be kept by the Secretary under that section.
22Notices of suspension
A notice of suspension served by VicRoads under section 167 of the Act before the commencement day is taken, on that day, to have been served by the Secretary.
23Improvement notices
An improvement notice served by VicRoads under section 174 of the Act before the commencement day is taken on that day to have been served by the Secretary.
24Authorised officer appointments
(1)This regulation applies to an instrument of appointment of an authorised officer under section 178(1) of the Act that is in effect immediately before the commencement day.
(2)The instrument of appointment continues in effect on and after the commencement day as if that instrument had been made by the Secretary under section 178(1) of the Act.
Note
See also regulation 30 in relation to the transition of authorisations under which authorised officers are able to bring proceedings for an offence against the Act or regulations made under the Act.
25Authorised officer identity cards
An identity card issued to an authorised officer by VicRoads under section 179 of the Act before the commencement day is taken, on that day, to have been issued by the Secretary under that section.
26Charges determined by the Minister
A report given to the Minister by VicRoads under section 212(1)(b) of the Act before the commencement day is taken, on that day, to be a report given by the Secretary under that section.
27Evidentiary certificates of Chief Executive of VicRoads
A certificate signed by the Chief Executive of VicRoads before the commencement day, and referred to in section 220 of the Act is taken, on that day, to have been signed by the Secretary and continues, on and after that day, to have effect according to its tenor.
28VicRoads approvals
(1)An approval given by VicRoads under a specified provision that is in effect immediately before the commencement day is taken, on that day, to be an approval given by the Secretary under the relevant specified provision.
(2)In this regulation—
specified provision means any of the following provisions of the Act—
(a)section 29(1) (Transfer of tow truck licence to another person);
(b)section 42(3)(c) (Allocation offences in controlled areas);
(c)section 150(1A)(a)(ii) (Initial towing and storage of accident damaged motor vehicles);
(d)section 155(a)(ii) (Owner not liable for repairs carried out at unauthorised place).
29Authorisations
An authorisation given by VicRoads under section 204(2) of the Act for the purposes of section 204(1)(b) of the Act that is in effect immediately before the commencement day is taken, on that day, to be an authorisation given by the Secretary under 204(2) of the Act.
30Substitution of VicRoads as a party in proceedings relating to functions and powers under Act
(1)This regulation applies if there is a proceeding in a court or tribunal to which VicRoads is a party that—
(a)relates to the performance of a function or duty or exercise of a power by VicRoads under the Act; and
(b)has not been finally determined before the commencement day.
(2)On and after the commencement day, the Secretary is substituted for VicRoads as a party to the proceeding and has the same rights and obligations in the proceeding as VicRoads had.
(3)Without limiting subregulation (2), if, in a proceeding on an application under section 87, 88, 132, 133 or 172 of the Act, VCAT makes an order before the commencement day directing VicRoads to do a thing and VicRoads has not done that thing in compliance with the order before that day, the Secretary must do that thing on and after the commencement day.
Part 3—Transitional provisions relating to the Accident Towing Services Regulations 2019
31Principal Regulations
In this Part, the Accident Towing Services Regulations 2019[1] are called the Principal Regulations.
32Qualifications for accreditations and renewals
A determination as to qualifications made by VicRoads under regulation 6 of the Principal Regulations that is in effect immediately before the commencement day is taken, on that day, to be a determination as to qualifications of the Secretary under that regulation.
33Things commenced but not completed by VicRoads under regulation 7 or 14 processes
(1)This regulation applies if, before the commencement day, VicRoads, in the performance of a function or duty, or exercise of a power, under regulation 7 or 14 of the Principal Regulations has commenced to do a thing and has not completed that thing before that day.
(2)Without limiting section 229 of the Act, on and after the commencement day, the Secretary must complete that thing and, for the purposes of this regulation, anything done by VicRoads before that day is taken to have been done by the Secretary.
34Notifications of changes of address or the required amendment
A notification given to VicRoads for the purposes of regulation 15(2)(a) of the Principal Regulations before the commencement day is taken, on that day, to be a notification given to the Secretary for the purposes of that regulation.
35Exemptions from specified depot requirements
An exemption granted by VicRoads under regulation 22(1) or (2) of the Principal Regulations that is in effect immediately before that day is taken, on that day, to be an exemption granted by the Secretary under regulation 22(1) or (2), as the case requires.
36Directions to produce tow trucks
A direction given by VicRoads under regulation 26(1) of the Principal Regulations that has not been complied with before the commencement day is taken, on that day, to be a direction given by the Secretary under that subregulation.
37Appointment of chief allocation officer and allocation officer
(1)An appointment of a chief allocation officer made by VicRoads under regulation 30(1) of the Principal Regulations that is in effect immediately before the commencement day is taken, on that day, to be an appointment made by the Secretary under subregulation.
(2)An appointment of an allocation officer made by VicRoads under regulation 30(2) of the Principal Regulations that is in effect immediately before the commencement day is taken, on that day, to be an appointment made by the Secretary under that subregulation.
38Directions to remove or suspend from road accident scene roster
A direction given by VicRoads under regulation 33(1) of the Principal Regulations that has not been complied with before the commencement day is taken, on that day, to be a direction given by the Secretary under that subregulation.
39Authorisations issued by VicRoads
An authorisation issued by VicRoads under regulation 38(3) of the Principal Regulations that is in effect immediately before the commencement day is taken, on that day, to be an authorisation issued by the Secretary under that subregulation.
40Approved information pamphlets
An approval of an information pamphlet by VicRoads under regulation 46(3) of the Principal Regulations that has effect immediately before the commencement day is taken, on that day, to be an approval of the information pamphlet by the Secretary under that subregulation.
41Notices of recording of accident towing demerit points
A notice given by VicRoads under regulation 51(1) of the Principal Regulations before the commencement day is taken, on that day, to be a notice given by the Secretary under that subregulation.
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Endnotes
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Accident Towing Services (Transport Legislation Amendment Act 2019) Transitional Regulations 2019, S.R. No. 169/2019 were made on 23 December 2019 by the Governor in Council under section 231 of the Accident Towing Services Act 2007, No. 30/2007 and came into operation on 1 January 2020: regulation 3.
The Accident Towing Services (Transport Legislation Amendment Act 2019) Transitional Regulations 2019 will sunset 10 years after the day of making on 23 December 2029 (see section 5 of the Subordinate Legislation Act 1994).
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 regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule 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 a Statutory Rule 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 a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Accident Towing Services (Transport Legislation Amendment Act 2019) Transitional Regulations 2019 by statutory rules, subordinate instruments and Acts.
3 Amendments Not in Operation
There are no amendments which were Not in Operation at the date of this publication.
4 Explanatory details
[1] Reg. 31: S.R. No. 139/2019.
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