Tow Truck Industry Act 1998 (NSW)
An Act to provide for a licensing and certification scheme for tow truck operators and drivers, and to regulate other matters relating to the tow truck industry; to repeal the Tow Truck Act 1989; to amend certain other Acts; and for other purposes.
This Act is the Tow Truck Industry Act 1998.
This Act commences on a day or days to be appointed by proclamation.
In this Act—
(a) lift and tow, or lift and carry, and
(b) lift for the purpose of towing or carrying, and
(c) carry on a trailer, and
(d) place onto a trailer for the purpose of carrying, and
(e) any other action prescribed by the regulations for the purposes of this definition,
but does not include any activity declared by the regulations not to be towing for the purposes of this Act.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
A reference in this Act to an
Notes included in this Act do not form part of this Act.
In this Act, a
(a) a motor vehicle that is equipped with a lifting device,
(b) a motor vehicle that is equipped with a trailer, towing attachment or other similar device,
(c) a motor vehicle that is fitted with a tilt table-top, or with a tilt table-top and winch,
(d) a motor vehicle that is fitted with a self-loading table-top that is capable of being detached from the motor vehicle for the purpose of loading or unloading another vehicle,
(e) any other motor vehicle prescribed by the regulations for the purposes of this definition.
A
(a) a motor vehicle that is declared by the regulations not to be a tow truck for the purposes of this Act (any such motor vehicle may be described by reference to a particular class of motor vehicle), or
(b) a motor vehicle referred to in subsection (1) if it is used or operated in such circumstances, or for such purposes, as may be prescribed by the regulations for the purposes of this subsection.
For the purposes of this Act, a person is a
(a) holds or will hold any relevant financial interest, or exercises any relevant power (whether in his or her own right, or through an agent or on behalf of any other person), in the business of the applicant or licensee, and by virtue of that interest or power is or will be able (in the opinion of the Secretary) to exercise a significant influence over or with respect to the conduct of that business, or
(b) holds or will hold any relevant position, whether in his or her own right, or through an agent or on behalf of any other person, in the business of the applicant or licensee.
In this section—
(a) any share in the capital of the business, or
(b) any entitlement to receive any income derived from the business, whether the entitlement arises at law or in equity or otherwise.
(a) to participate in the day to day management of the business concerned, or
(b) to participate in any directorial, managerial or executive decision, or
(c) to elect or appoint any person to any relevant position.
Except to the extent provided by subsection (2), this Act does not apply to or in respect of a tow truck operated by the Crown or a statutory body representing the Crown.
This Act applies to persons (other than employees of the Crown or of a statutory body representing the Crown) who carry out tow truck operations under a contract or arrangement made or entered into with the Crown or a statutory body representing the Crown.
The regulations may exempt a class of persons from the operation of any provision or requirement of this Act in such circumstances, and subject to such conditions, as may be specified in the regulations. Any such regulation may create offences in relation to a failure to comply with a condition prescribed in relation to an exemption.
This Act does not apply to the towing, salvage or storage of—
(a) a forklift truck, or
(b) a golf buggy, or
(c) a ride-on mower, or
(d) an excavator, or
(e) a cherry picker, or
(f) any other motor vehicle or class of motor vehicle prescribed by the regulations for the purposes of this section.
This Act is intended to have extraterritorial application to the extent the legislative powers of the State permit.
Because of the Mutual Recognition Act and subject to that Act—
(a) this Act applies to—
(i) an interstate tow truck operator in the same way it applies to the holder of a tow truck operators licence, and
(ii) an interstate tow truck driver in the same way it applies to the holder of a tow truck drivers certificate, and
(b) a reference to a licence includes a reference to the automatic deemed registration of an interstate tow truck operator, and
(c) a reference to a drivers certificate includes a reference to the automatic deemed registration of an interstate tow truck driver.
This Act must, as far as practicable, be interpreted in a way that is compatible with—
(a) the Mutual Recognition Act, and
(b) the Trans-Tasman Mutual Recognition Act 1997 of the Commonwealth.
In this section—
(Repealed)
A person must not carry on business as a tow truck operator unless the person holds a tow truck operators licence that authorises the kind of towing work carried on by the person in the course of that business.
Maximum penalty—100 penalty units or imprisonment for 12 months, or both.
The Secretary may determine different classes of licences that relate to different kinds of towing work.
The class of a licence, and the kind of towing work authorised by the licence, is to be endorsed on the licence.
A person may apply to the Secretary for a licence.
An application for a licence must—
(a) be in the approved form, and
(a1) (Repealed)
(b) specify the place at which the applicant intends to keep the records and documents required to be made under this Act in connection with the applicant’s business as a tow truck operator (referred to in this Act as the
place of business ), and(c) specify each place intended to be used as a holding yard in carrying on that business, and
(d) specify the number of tow trucks to be operated by the applicant in carrying on that business, and
(e) provide proof that the applicant is the responsible person (within the meaning of the Road Transport Act 2013) for each of those tow trucks, and
(f) specify the names of each close associate of the applicant, and
(g) contain such other particulars as may be prescribed by the regulations or as are required by the approved form, and
(h) be accompanied by the fee (if any) prescribed by the regulations.
The Secretary—
(a) must refuse to grant an application for a licence on mandatory grounds, and
(b) may refuse to grant an application for a licence on discretionary grounds.
The mandatory grounds for refusing to grant an application for a licence are as follows—
(a) that the applicant is under the age of 18 years,
(b) that the applicant has, within the period of 10 years before the application for the licence was made—
(i) been convicted, or
(ii) been found guilty (but with no conviction being recorded),
by a court in New South Wales or elsewhere of an offence prescribed by the regulations, whether or not the offence is an offence under New South Wales law and whether or not committed before the commencement of this section,
(c) that the applicant is disqualified from holding a licence,
(d) that the applicant is a controlled member of a declared organisation within the meaning of the Crimes (Criminal Organisations Control) Act 2012,
Note. Controlled members are prohibited from applying for licences—see section 27 of the Crimes (Criminal Organisations Control) Act 2012.
(e) that the Secretary has reasonable grounds to believe from information provided by the Commissioner of Police in relation to the applicant that the applicant—
(i) is a member of, or
(ii) is a close associate of, or
(iii) regularly associates with, one or more members of,
a declared organisation within the meaning of the Crimes (Criminal Organisations Control) Act 2012, and the nature and circumstances of the applicant’s relationship with the organisation or its members are such that it could reasonably be inferred that improper conduct that would further the criminal activities of the declared organisation is likely to occur if the applicant is granted a licence.
The discretionary grounds for refusing to grant an application for a licence are as follows—
(a) that the applicant is not, in the opinion of the Secretary, a fit and proper person to hold a licence or is otherwise not competent to carry on the kind of towing work to which the proposed licence relates,
(b) that the applicant has not specified a place of business,
(c) that the applicant’s place of business is not, in the opinion of the Secretary, suitable for keeping the records and documents required to be made or kept under this Act,
(c1) that the applicant has not specified a place that is to be used as a holding yard in the course of the applicant’s business or the place so specified is more than 10 kilometres from the licensee’s place of business (unless the Secretary approves of it being a greater distance from that place),
(d) that any place specified by the applicant as a holding yard intended to be used in the course of the applicant’s business is not, in the opinion of the Secretary, suitable to be used as a holding yard,
(e) that the applicant is not the registered owner, or registered operator, of each tow truck specified in the application as a tow truck intended to be operated in carrying on the applicant’s business,
(f) that each such specified tow truck does not, in the opinion of the Secretary, comply with the relevant requirements of this Act and the regulations or with any other relevant law relating to tow trucks,
(g) that the applicant does not hold the qualifications and experience prescribed by the regulations in respect of the class of licence sought by the applicant,
(h) that the applicant has not satisfactorily completed such training courses as may be approved for the purposes of this section,
(i) that any close associate of the applicant has, within the period of 10 years before the application for the licence was made—
(i) been convicted, or
(ii) been found guilty (but with no conviction being recorded),
by a court in New South Wales or elsewhere of an offence prescribed by the regulations, whether or not the offence is an offence under New South Wales law,
(j) that the granting of the licence would, in the opinion of the Secretary, be contrary to the public interest.
The regulations may provide additional mandatory or discretionary grounds for refusing to grant an application for, or renewal or restoration of, a licence.
A reference in subsection (3)(a), (g) or (h) to an applicant includes a reference to each close associate of the applicant.
The Secretary is not, under this or any other Act or law, required to give any reasons for refusing to grant an application for a licence because of subsection (2)(e) to the extent that the giving of those reasons would disclose any criminal intelligence.
The Secretary may determine an application for a licence by granting a licence to the applicant.
A licence is to be in the approved form, and must specify the name of the licensee and the licence number.
A licence authorises the licensee to carry on the kind of towing work that is specified in the licence.
A licence confers no right of property and is incapable of being transferred, assigned or mortgaged, charged or otherwise encumbered.
A licence may be granted subject to such conditions as may be specified in the licence.
In addition to the conditions specified in a licence, a licence is subject to the following conditions—
(a) the licensee must take all reasonable precautions to prevent loss of or from, or damage to, any motor vehicle that—
(i) is towed by a tow truck operated under the licence, or
(ii) is being held in the licensee’s holding yard, or
(iii) is otherwise under the control of the licensee,
(b) the licensee must keep the records and documents required to be made by the licensee under this Act or the regulations at the licensee’s place of business,
(c) the licensee must permit an authorised officer or police officer to enter that place of business at any reasonable time for the purpose of exercising any function under Part 5,
(c1) the licensee must maintain at least one holding yard which must be no more than 10 kilometres from the licensee’s place of business (unless the Secretary approves of it being a greater distance from that place),
(d) the licensee must not, in the course of carrying on business, use a holding yard other than a holding yard specified in the licence,
(d1) the licensee must allow the owner of any motor vehicle stored at any holding yard used by the licensee in the course of the licensee’s business, or the owner’s agent, to—
(i) have reasonable access to the motor vehicle, during business hours and at no charge to the owner, to collect items from the motor vehicle, and
(ii) remove the motor vehicle from the holding yard after the owner, or the owner’s agent, has paid the fees that have been charged by the licensee in accordance with the regulations for the towing, salvage or storage of the motor vehicle, or for a service that is related to or ancillary to the towing, salvage or storage of the motor vehicle,
(d2) the licensee must not remove a vehicle stored at a holding yard used by the licensee in the course of the licensee’s business for the following purposes unless authorised to do so by the owner of the motor vehicle, or the owner’s agent—
(i) repairing the motor vehicle,
(ii) obtaining a quotation for repair,
(e) the licensee must ensure that any licensed tow truck displays the distinctive number-plate issued for the tow truck by the Secretary under this Act,
(f) the licensee must ensure that any licensed tow truck, and its equipment, comply with the requirements of this Act or the regulations (or any other law) with respect to the design, construction and serviceability of the tow truck or its equipment,
(g) the licensee must ensure that the requirements of any law with respect to the limitation of hours of driving a tow truck are complied with,
(h) the licensee must not charge a fee for the towing, salvage or storage of a motor vehicle, or for any service that is related to or ancillary to the towing, salvage or storage of a motor vehicle, if the charging of the fee would be in contravention of the regulations, and must not demand, receive or accept such a fee,
(i) the licensee must not charge a fee for work that was not actually done by the licensee or by an employee or subcontractor of the licensee,
(i1) in the case of a licence granted for a term of 3 or 5 years—the licensee must, within 28 days of receiving a notice from the Secretary relating to such of the licensee’s licence particulars, insurance particulars and particulars of close associates as are specified in the notice—
(i) confirm that the particulars specified in the notice are still accurate, or
(ii) provide details of any change in any of those particulars, and provide any documents relating to those particulars, that may be specified in the notice,
(i2) the licensee must notify the Secretary, as soon as practicable, of any change in the licensee’s licence particulars, insurance particulars and particulars of close associates that are prescribed by the regulations, and must provide the Secretary with any documents relating to those particulars that are prescribed by the regulations,
(j) the licensee must keep the licence at the licensee’s place of business,
(k) the licensee must ensure that a copy of the licence is kept in each licensed tow truck,
(l) such other conditions as may be prescribed by the regulations.
(Repealed)
An application for a licence or renewal of a licence is to nominate one of the following terms of duration for the licence (the
(a) 1 year,
(b) 3 years,
(c) 5 years.
A licence may only be granted for a term of 3 or 5 years if—
(a) the applicant has requested that the licence be granted for a term of either 3 years or 5 years, and
(b) (Repealed)
(c) neither the applicant nor any of the applicant’s close associates is, at the time the application is made, under investigation by the Secretary in relation to any breach of a condition of a licence or any other contravention of this Act or the regulations, and
(d) neither the applicant nor any of the applicant’s close associates has, in the 5 years immediately before the date of the application—
(i) been subject to any prescribed disciplinary action under this Act, or
(ii) engaged in any prescribed conduct, and
(e) the Secretary is satisfied that a 3-year or a 5-year licence should be granted.
Subject to subsection (2), the Secretary may grant or renew a licence for the nominated term or a shorter term than the nominated term if satisfied that it is in the public interest to do so.
If an application for renewal of a licence has been made but the application is not finally determined by the Secretary before the expiry of the licence, the licence (if not suspended or sooner cancelled) continues in force until the application is finally determined.
If a licence is granted or renewed for a shorter term than the nominated term, the Secretary is to refund to the applicant the difference between the fee for the nominated term and the fee for the term that was granted.
The suspension of a licence does not affect the term of the licence.
This section does not affect the term of any licence granted under this Act and in force immediately before the substitution of this section by the Fair Trading Legislation Amendment (Reform) Act 2018.
In this section—
(a) if the applicant or close associate applied for a licence or drivers certificate immediately after engaging in the conduct, would, in the opinion of the Secretary, be sufficient to justify the application being refused, or
(b) if the applicant or close associate held a licence or drivers certificate at the time of engaging in the conduct, would, in the opinion of the Secretary, be sufficient to justify—
(i) the suspension of a licence or drivers certificate held by the applicant or close associate, or
(ii) the permanent revocation of a licence or drivers certificate held by the applicant or close associate, or
(iii) the disqualification of the applicant or close associate from holding a licence or drivers certificate.
(a) the suspension of a licence or drivers certificate held by the applicant or close associate, or
(b) the permanent revocation of a licence or drivers certificate held by the applicant or close associate, or
(c) the disqualification of the applicant or close associate from holding a licence or drivers certificate.
A licence may be renewed from time to time by making an application for a subsequent licence in accordance with this Act.
A person must not—
(a) drive or stand a licensed tow truck on a road or road related area at any time, or
(b) use or operate, or assist in the use or operation of, a licensed tow truck on a road or road related area at any time, or
(c) drive or stand a tow truck (other than a licensed tow truck) on a road or road related area at any time for the purposes of towing a motor vehicle for fee or reward,
unless the person holds a drivers certificate.
Maximum penalty—50 penalty units or imprisonment for 6 months, or both.
A certified driver must not carry on any kind of towing work other than the kind of towing work that is authorised by the drivers certificate.
Maximum penalty—50 penalty units or imprisonment for 6 months, or both.
The Secretary may determine different classes of drivers certificates that relate to different kinds of towing work.
The class of a drivers certificate, and the kind of towing work authorised by the drivers certificate, is to be endorsed on the drivers certificate.
A natural person may apply to the Secretary for a drivers certificate.
An application for a drivers certificate must—
(a) be in the approved form, and
(a1) (Repealed)
(b) contain such particulars as may be prescribed by the regulations or as are required by the approved form, and
(c) be accompanied by the fee (if any) prescribed by the regulations.
The Secretary—
(a) must refuse to grant an application for a drivers certificate on mandatory grounds, and
(b) may refuse to grant an application for a drivers certificate on discretionary grounds.
The mandatory grounds for refusing to grant an application for a drivers certificate are as follows—
(a) that the applicant is under the age of 18 years,
(b) that the applicant has, within the period of 10 years before the application for the drivers certificate was made—
(i) been convicted, or
(ii) been found guilty (but with no conviction being recorded),
by a court in New South Wales or elsewhere of an offence prescribed by the regulations, whether or not the offence is an offence under New South Wales law and whether or not committed before the commencement of this section,
(c) that the applicant does not hold a full driver licence or does not, if the applicant resides in another State or Territory, hold a licence issued under the law in force in that State or Territory which, in the opinion of the Secretary, is the equivalent of a full driver licence,
(d) that the applicant is disqualified from holding a drivers certificate,
(e) that the applicant is a controlled member of a declared organisation within the meaning of the Crimes (Criminal Organisations Control) Act 2012,
Note. Controlled members are prohibited from applying for drivers certificates—see section 27 of the Crimes (Criminal Organisations Control) Act 2012.
(f) that the Secretary has reasonable grounds to believe from information provided by the Commissioner of Police in relation to the applicant that the applicant—
(i) is a member of, or
(ii) is a close associate of, or
(iii) regularly associates with, one or more members of,
a declared organisation within the meaning of the Crimes (Criminal Organisations Control) Act 2012, and the nature and circumstances of the applicant’s relationship with the organisation or its members are such that it could reasonably be inferred that improper conduct that would further the criminal activities of the declared organisation is likely to occur if the applicant is granted a drivers certificate.
The discretionary grounds for refusing to grant an application for a drivers certificate are as follows—
(a) that the applicant is not, in the opinion of the Secretary, a fit and proper person to hold a drivers certificate or is otherwise not competent to carry on the kind of towing work to which the proposed drivers certificate relates,
(b) that the applicant does not hold the qualifications and experience prescribed by the regulations in respect of the class of drivers certificate sought by the applicant,
(c) that the applicant has not satisfactorily completed such training courses as may be approved for the purposes of this section,
(d) that the granting of the drivers certificate would, in the opinion of the Secretary, be contrary to the public interest.
The Secretary is not, under this or any other Act or law, required to give any reasons for refusing to grant an application for a drivers certificate because of subsection (2)(f) to the extent that the giving of those reasons would disclose any criminal intelligence.
The regulations may provide additional mandatory or discretionary grounds for refusing the granting of an application for, or renewal or restoration of, a drivers certificate.
A reference in subsection (2)(c) to a
The Secretary may determine an application for a drivers certificate by granting a drivers certificate to the applicant.
A drivers certificate authorises the certified driver to carry on the kind of towing work that is specified in the certificate.
A drivers certificate cannot be transferred to another person.
A drivers certificate is to be in the approved form.
A drivers certificate must—
(a) contain a recent photograph of the certified driver (such photograph being obtained in accordance with arrangements determined by the Secretary), and
(b) specify the name of the certified driver and the number of the drivers certificate, and
(c) specify the class of the drivers certificate and the kind of towing work authorised by the certificate, and
(d) contain such other particulars as may be prescribed by the regulations.
A drivers certificate may be granted subject to such conditions as may be specified in the drivers certificate.
In addition to the conditions specified in a drivers certificate, a drivers certificate is subject to the following conditions—
(a) the certified driver must take all reasonable precautions to prevent loss of or from, or damage to, any motor vehicle that is towed by a tow truck used or operated by the driver,
(b) the certified driver must not charge a fee for the towing or salvage of a motor vehicle, or for any service that is related to or ancillary to the towing or salvage of a motor vehicle, if the charging of the fee would be in contravention of the regulations, and must not demand, receive or accept such a fee,
(b1) the certified driver must not charge a fee for work that was not actually done by the certified driver, and must not demand, receive or accept such a fee,
(b2) in the case of a drivers certificate granted for a term of 3 or 5 years—the certified driver must, within 28 days of receiving a notice from the Secretary relating to such of the certified driver’s drivers certificate particulars and insurance particulars as are specified in the notice—
(i) confirm that the particulars specified in the notice are still accurate, or
(ii) provide details of any change in any of those particulars, and provide any documents relating to those particulars, that may be specified in the notice,
(b3) the certified driver must notify the Secretary, as soon as practicable, of any change in the certified driver’s drivers certificate particulars that are prescribed by the regulations, and must provide the Secretary with any documents relating to those particulars that are prescribed by the regulations,
(c) such other conditions as may be prescribed by the regulations.
(Repealed)
An application for a drivers certificate or renewal of a drivers certificate is to nominate one of the following terms of duration for the drivers certificate (the
(a) 1 year,
(b) 3 years,
(c) 5 years.
A drivers certificate may only be granted for a term of 3 or 5 years if—
(a) the applicant has requested that the drivers certificate be granted for a term of either 3 years or 5 years, and
(b) (Repealed)
(c) the applicant and the applicant’s close associates are not, at the time the application is made, under investigation by the Secretary in relation to any breach of a condition of a drivers certificate or any other contravention of this Act or the regulations, and
(d) the applicant and the applicant’s close associates have not, in the 5 years immediately before the date of the application—
(i) been subject to any prescribed disciplinary action under this Act, or
(ii) engaged in any prescribed conduct, and
(e) the Secretary is satisfied that a 3-year or a 5-year drivers certificate should be granted.
Subject to subsection (2), the Secretary may grant or renew a drivers certificate for the nominated term or a shorter term than the nominated term if satisfied that it is in the public interest to do so.
If an application for renewal of a drivers certificate has been made but the application is not finally determined by the Secretary before the expiry of the drivers certificate, the drivers certificate (if not suspended or sooner cancelled) continues in force until the application is finally determined.
If a drivers certificate is granted or renewed for a shorter term than the nominated term, the Secretary is to refund to the applicant the difference between the fee for the nominated term and the fee for the term that was granted.
The suspension of a drivers certificate does not affect the term of the drivers certificate.
This section does not affect the term of any drivers certificate issued under this Act and in force immediately before the substitution of this section by the Fair Trading Legislation Amendment (Reform) Act 2018.
In this section—
(a) if the applicant or close associate applied for a licence or drivers certificate immediately after engaging in the conduct, would, in the opinion of the Secretary, be sufficient to justify the application being refused, or
(b) if the applicant or close associate held a licence or drivers certificate at the time of engaging in the conduct, would, in the opinion of the Secretary, be sufficient to justify—
(i) the suspension of a licence or drivers certificate held by the applicant or close associate, or
(ii) the permanent revocation of a licence or drivers certificate held by the applicant or close associate, or
(iii) the disqualification of the applicant or close associate from holding a licence or drivers certificate.
(a) the suspension of a licence or drivers certificate held by the applicant or close associate, or
(b) the permanent revocation of a licence or drivers certificate held by the applicant or close associate, or
(c) the disqualification of the applicant or close associate from holding a licence or drivers certificate.
A drivers certificate may be renewed from time to time by making an application for a subsequent drivers certificate in accordance with this Act.
If the driver licence of a certified driver is cancelled, suspended or otherwise ceases to be in force under any Act or other law, his or her drivers certificate is, without any further action, taken to be revoked.
The Secretary may carry out such investigations and inquiries as the Secretary thinks necessary to enable the Secretary to properly consider an application for a licence or drivers certificate.
In particular, the Secretary may—
(a) require any person who is an applicant for a licence or drivers certificate, or who is a close associate of the applicant, to consent to having his or her photograph taken in accordance with the arrangements determined by the Secretary, and
(b) refer to the Commissioner of Police details of any person the Secretary is investigating, copies of any photographs taken and any supporting information that the Secretary considers appropriate for referral to the Commissioner.
The Commissioner of Police may inquire into and report to the Secretary on such matters concerning the application as the Secretary may request.
The Secretary may refuse to consider an application for a licence or drivers certificate while any person from whom the Secretary requires a photograph under this section refuses to allow his or her photograph to be taken in accordance with this section.
For the purposes of this section and section 34, a person who is the holder of a licence or drivers certificate (
(a) the Secretary has, before the current licence or drivers certificate is due to expire, given that person notice that the current licence or drivers certificate is due to expire, and
(b) the person does not, within the time specified in the notice, notify the Secretary that the person does not intend to apply for a subsequent licence or drivers certificate.
A person may apply to the Secretary for an exemption from the requirement to hold a licence or a drivers certificate.
An application for an exemption must—
(a) be in the approved form, and
(b) be accompanied by the fee prescribed by the regulations, and
(c) contain such other particulars as may be prescribed by the regulations or as are required by the approved form.
An exemption may, by notice in writing to the applicant, be granted—
(a) in the circumstances prescribed by the regulations, and
(b) subject to such conditions as may be determined by the Secretary and specified in the notice.
In addition to the conditions specified in the notice, an exemption is subject to the condition that evidence of the exemption must be—
(a) carried at all times in each tow truck used in the business of the person who holds the exemption, and
(b) produced to an authorised officer or police officer on demand whenever any such tow truck is being used.
The Secretary may, by notice in writing to the holder of an exemption, vary or revoke any of the conditions of the exemption if the Secretary is of the opinion that there are reasonable grounds for the variation or revocation.
The Secretary may, by notice in writing to the holder of an exemption, revoke the exemption if the Secretary—
(a) is satisfied that the exemption is contrary to the public interest, or
(b) is of the opinion that there are reasonable grounds for revoking the exemption.
A person who holds an exemption is guilty of an offence if a condition of the exemption is contravened.
Maximum penalty—25 penalty units.
The Secretary may, by notice in writing, require a person who has applied for a licence or drivers certificate or who, in the opinion of the Secretary, has some association or connection with the applicant that is relevant to the application, to do any of the following things—
(a) to provide, in accordance with directions in the notice, such information (including financial and other confidential information) as is relevant to the investigation of the application and is specified in the notice,
(b) to produce, in accordance with directions in the notice, such records (including any financial records) relevant to the investigation of the application as are specified in the notice and to permit inspection of the records, the taking of extracts from them and the making of copies of them,
(c) to authorise a person described in the notice to comply with a specified requirement of the kind referred to in paragraph (a) or (b),
(d) to furnish to the Secretary such authorisations and consents as the Secretary directs for the purpose of enabling the Secretary to obtain information (including financial and other confidential information) from other persons concerning the person and his or her associates or relations.
If a requirement made under this section is not complied with, the Secretary may refuse to consider the application concerned.
A person who complies with a requirement of a notice under this section does not on that account incur a liability to another person.
The reasonable costs incurred by the Secretary in investigating and inquiring into an application for a licence or drivers certificate are payable to the Secretary by the applicant, unless the Secretary determines otherwise in a particular case.
The Secretary may require part or full payment in advance of the amount the Secretary estimates will be payable by the applicant and may refuse to deal with the application until the required payment is made.
Investigation and inquiry costs may include reasonable travelling expenses within or outside the State.
It is a condition of any licence or drivers certificate granted to the applicant that any amount payable under this section is paid.
The Secretary may amend a licence or drivers certificate—
(a) by varying any conditions specified in the licence or certificate, or
(b) by adding specified conditions to the licence or certificate, or
(c) by omitting specified conditions from the licence or certificate.
The Secretary may do so on application by the licensee or certified driver concerned, or as the Secretary otherwise thinks fit.
If the Secretary decides to amend the licence or drivers certificate, the Secretary must notify the licensee or certified driver concerned in writing of the amendment.
Any such amendment takes effect on and from a date specified in the notice, being a date not earlier than 7 days after the notice is served on the licensee or certified driver concerned.
The Secretary may not vary or omit a condition referred to in section 20(2) or 29(2).
A person must not, in respect of—
(a) an application for a licence or drivers certificate, or
(b) an application for an amendment of a licence or drivers certificate, or
(c) a notice of any proposed change in the particulars specified in a licence or drivers certificate,
make any statement which the person knows to be false or misleading in a material particular.
Maximum penalty—50 penalty units or imprisonment for 6 months, or both.
A licensee or certified driver must notify the Secretary in writing of any proposed change in the particulars specified in the licence or drivers certificate at least 7 days before the proposed change occurs.
Maximum penalty—25 penalty units.
The Secretary may approve the proposed change of particulars by amending the licence or drivers certificate. The Secretary may grant a replacement licence or certificate on payment of such fee as may be determined by the Secretary.
If the Secretary is satisfied that a licence or drivers certificate has been lost or destroyed, the Secretary may, on payment of any fee determined by the Secretary, issue a duplicate licence or drivers certificate.
The Secretary is to keep a register, in such form as the Secretary determines, of licences, drivers certificates and exemptions.
The register is to contain the following information in respect of each licence, drivers certificate or exemption—
(a) the matters that by or under this Act are required to be specified in the licence, drivers certificate or exemption,
(b) particulars of any amendment of the licence, drivers certificate or exemption,
(c) particulars of any suspension or revocation, or voluntary surrender, of the licence, drivers certificate or exemption,
(d) such other particulars as may be determined by the Secretary.
The information is to be recorded in the register in such manner as the Secretary thinks fit.
The Secretary may cause to be made such alterations in the register as are necessary to ensure that the information recorded in the register is accurate.
The register or any part of the register may, at all reasonable hours, be inspected, and copies of any entry in the register or that part may be taken, with the consent of the Secretary, by a police officer or any officer of the Secretary, or by any other person authorised by the Secretary on payment of such fee as may be determined by the Secretary.
A licensee or certified driver may voluntarily surrender the licence or drivers certificate held by the licensee or certified driver by delivering it to the Secretary (by post or in person) with a notification in writing that the licence or certificate is surrendered.
An application for the restoration of a licence or drivers certificate must be made—
(a) within 3 months of the expiry of the licence or drivers certificate, or
(b) within the further period determined by the Secretary on the application of the person seeking the restoration of the licence or drivers certificate.
Without limiting subsection (1) (b), the Secretary may extend the period within which an application for the restoration of a licence or drivers certificate may be made if the Secretary is satisfied that—
(a) in a case where the applicant failed to apply for renewal before the licence or drivers certificate expired—the failure to apply for renewal of the licence or drivers certificate before it expired was due to inadvertence, or
(b) it is just and equitable to restore the licence or drivers certificate.
A licence or drivers certificate that has been surrendered or cancelled must not be restored.
An application for the restoration of a licence or drivers certificate must—
(a) be made in the approved form (if any), and
(b) be accompanied by the fee prescribed by the regulations, and
(c) nominate a term of duration for the licence or drivers certificate.
A licence or drivers certificate restored at any time is taken to have been restored from the day on which the licence or drivers certificate expired.
Subject to this section, this Act applies to an application for the restoration of a licence or drivers certificate in the same way as it applies to an application for a licence or drivers certificate.
This Division enables the Secretary to take disciplinary action against a licensee or certified driver.
In accordance with this Division, the Secretary may do any of the following—
(a) in the case of a licence or drivers certificate granted for a term of 1 year or less—suspend the licence or drivers certificate for a specified period,
(a1) in the case of a licence or drivers certificate granted for a term of 3 or 5 years—suspend the licence or drivers certificate for a specified period and, when the suspension ends, reduce the period for which the licence or drivers certificate is in force so that it will cease to be in force on the next anniversary of its issue (and refund fees accordingly),
(b) permanently revoke a licence or drivers certificate,
(c) disqualify a licensee or certified driver from holding a licence or drivers certificate for a specified period,
(d) impose a fine not exceeding $500 on a licensee or certified driver,
(e) give a direction under section 84 to a licensee or certified driver,
(f) caution or reprimand a licensee or certified driver.
Despite subsection (2), the Secretary must cancel a licence or drivers certificate if disciplinary action is taken on the grounds referred to in section 42(2).
In deciding whether to take disciplinary action under this Division, the Secretary may—
(a) conduct an inquiry under section 80, or
(b) invite the licensee or certified driver concerned to show cause, by way of a written submission, as to why the Secretary should not take any such action.
However, the Secretary is not required to conduct any such inquiry, or to invite the licensee or certified driver concerned to show cause, if the Secretary is of the opinion that it is in the public interest that the Secretary take immediate disciplinary action under this Division.
If any written submissions are made by a licensee or certified driver in accordance with subsection (3)(b), the Secretary must, before taking disciplinary action under this Division, take those submissions into consideration.
The Secretary is not prevented from taking disciplinary action under this Division merely because the licensee or certified driver concerned is subject to criminal or civil proceedings that relate to the same matters or incident to which the disciplinary action relates.
A reference in this Division to a licensee or certified driver includes a reference to a former licensee, or former certified driver, respectively.
The Secretary may take disciplinary action under this Division against a licensee or certified driver for any of the following reasons—
(a) any reason for which the licensee or certified driver would not have been granted a licence or drivers certificate initially,
(b) the licensee or certified driver has been charged with an indictable offence,
(c) the licensee or certified driver supplied information that was (to the licensee’s or driver’s knowledge) false or misleading in a material particular in, or in connection with, the application for the licence or drivers certificate,
(d) the licensee or certified driver has contravened any provision of this Act or the regulations, whether or not the licensee or driver has been convicted of an offence for the contravention,
(e) the licensee or certified driver has contravened any condition to which the licence or drivers certificate is subject,
(f) the Secretary is of the opinion that the licensee or certified driver is no longer a fit and proper person to hold a licence or drivers certificate, respectively,
(g) the licensee failed to specify the name of each close associate of the licensee in the application for the licence,
(h) the licensee has, in the opinion of the Secretary, been engaged in any fraudulent or dishonest conduct or activity in connection with the licensee’s business as a tow truck operator,
(i) the licensee has, in the case of a natural person, become bankrupt, applied to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounded with his or her creditors or made an assignment of his or her remuneration for their benefit,
(j) the licensee is, in the case of a corporation, in the course of being wound up, or is under official management, or is a corporation for which a receiver or manager has been appointed, or has entered into a compromise or scheme of arrangement with its creditors,
(k) the licensee has, for a continuous period of one month or more, ceased to carry on business as a tow truck operator,
(l) any other reason prescribed by the regulations.
The Secretary must take disciplinary action under this Division against a licensee or certified driver if the Secretary has reasonable grounds to believe from information held in relation to the licensee or certified driver—
(a) that the licensee or certified driver is a member of, a close associate of, or regularly associates with one or more members of, a declared organisation within the meaning of the Crimes (Criminal Organisations Control) Act 2012, and
(b) that the nature and circumstances of the licensee’s or certified driver’s relationship with the organisation or its members are such that it could reasonably be inferred that improper conduct that furthers the criminal activities of the declared organisation is occurring or is likely to occur if the licensee or certified driver continues to hold the licence or drivers certificate, respectively.
If the Secretary decides—
(a) to suspend or revoke a licence or a drivers certificate, or
(b) to disqualify a licensee or certified driver from holding a licence or drivers certificate for a specified period, or
(c) to impose a fine on a licensee or certified driver,
the Secretary is required to serve on the licensee or certified driver a notice informing the person of its decision.
The notice must include the reasons for the Secretary’s decision.
The Secretary is not, under this or any other Act or law, required to give any reasons for cancelling a licence or drivers certificate under section 41(2A) to the extent that the giving of those reasons would disclose any criminal intelligence.
The suspension or revocation of a licence or drivers certificate, or any period of disqualification, takes effect when the notice is served or on a later date specified in the notice.
A notice that suspends a licence or drivers certificate must specify the period of suspension.
A notice that disqualifies a licensee or certified driver from holding a licence or drivers certificate must specify the period of disqualification.
The Secretary may, by serving a further notice on a licensee or certified driver, cancel a notice under this section before the notice takes effect.
A suspended licence does not authorise the licensee to carry on the business of a tow truck operator during the period specified in the notice suspending the licence.
A suspended drivers certificate does not authorise the certified driver to do anything during the period specified in the notice suspending the certificate that would require the person to otherwise hold a drivers certificate.
A person may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of any of the following decisions—
(a) the refusal or failure by the Secretary to grant a licence or drivers certificate to the person,
(a1) the granting of a licence or drivers certificate to the person that is of a shorter duration than that for which the person applied,
(b) a condition imposed by the Secretary in relation to a licence or drivers certificate granted to the person,
(c) the suspension or revocation of a licence or drivers certificate granted to the person,
(d) the disqualification of the person from holding a licence or drivers certificate,
(e) the imposition of a fine on the person,
(f) the giving of a direction under section 84 to the person.
In determining an application for an administrative review of a decision to refuse to grant an application for a licence or a drivers certificate on the grounds referred to in section 18(2)(e) or 26(2)(f), respectively, or to cancel a licence or drivers certificate under section 41(2A), the Civil and Administrative Tribunal (and any Appeal Panel of the Tribunal in determining any internal appeal against such a review under the Civil and Administrative Tribunal Act 2013)—
(a) is to ensure that it does not, in the reasons for its decision or otherwise, disclose any criminal intelligence, and
(b) in order to prevent the disclosure of any criminal intelligence, is to receive evidence and hear argument in the absence of the public, the applicant for the administrative review and the applicant’s representative and of any other interested party,
unless the Commissioner of Police approves otherwise.
For the purposes of this section, an application for the grant of a licence or drivers certificate is taken to have been refused if the licence or drivers certificate is not granted within 90 days after the application is made in accordance with this Act.
(Repealed)
A certified driver must not carry out, or attempt to carry out, any accident towing work unless a towing authorisation has been obtained for the towing work.
Maximum penalty—50 penalty units.
However, a person is not required to comply with subsection (1) if the person is carrying out, or is attempting to carry out, the towing work—
(a) in accordance with any direction of a police officer or an authorised officer (including a direction that is given by telephone or other electronic transmission) to move a motor vehicle that, in the opinion of the officer, is causing an unreasonable obstruction to traffic, to the nearest place where it no longer causes an obstruction to traffic, or
(b) in such circumstances as may be prescribed by the regulations.
A police officer or authorised officer may only give a direction described in subsection (2)(a) if, in the opinion of the officer, the motor vehicle cannot reasonably, in the circumstances, be driven away.
The regulations may provide that a towing authorisation is required in such other circumstances as may be prescribed.
A towing authorisation required by or under this section is to be in the approved form.
A person must not obtain, or attempt to obtain, a towing authorisation in respect of any motor vehicle if another person has obtained a towing authorisation for the motor vehicle.
Maximum penalty—20 penalty units.
However, subsection (1) does not apply if the towing work authorised by the towing authorisation concerned has been completed.
A person must not obtain, or attempt to obtain, a towing authorisation for the carrying out of towing work unless—
(a) the person holds a drivers certificate, and
(b) the person is the driver of a licensed tow truck, and
(c) the tow truck is standing at or in the vicinity of the motor vehicle that is required to be towed, and
(d), (e) (Repealed)
(f) the towing work is to be carried out by the tow truck referred to in paragraph (c).
Maximum penalty—50 penalty units.
(Repealed)
A towing authorisation authorises the towing only of the motor vehicle that is specified in the authorisation.
If a person has obtained a towing authorisation for the towing of a motor vehicle, the person must tow the motor vehicle in accordance with the particulars specified in the authorisation.
Maximum penalty—50 penalty units.
Without limiting subsection (2), the person must tow the motor vehicle concerned—
(a) to the destination specified in the authorisation, or
(b) if the specified destination is not accessible at the time of the towing—
(i) to the nearest holding yard specified in the licence under the authority of which the tow truck is operated, and
(ii) to the specified destination as soon as is reasonably practicable after the specified destination becomes accessible, or
(c) if a destination is not specified in the towing authorisation—
(i) to the nearest holding yard specified in the licence under the authority of which the tow truck is operated, or
(ii) in accordance with the regulations.
Maximum penalty—50 penalty units.
A person who is required to obtain a towing authorisation must ensure that the towing authorisation is completed and dealt with in accordance with the regulations.
Maximum penalty—50 penalty units.
The regulations may—
(a) specify the persons who may give a towing authorisation, and
(b) specify the particulars that must be specified in a towing authorisation (including the destination to which a motor vehicle is to be towed in accordance with the authorisation), and
(c) prescribe fees and charges payable to the Secretary in relation to towing authorisations, and
(d) prescribe the procedures for dealing with towing authorisations, and
(e) make provision for the keeping of records in relation to towing authorisations, and
(f) prohibit a person from inducing another person to sign a towing authorisation by knowingly making a false or misleading statement, and
(g) make provision for or with respect to any other matter relating to towing authorisations.
A person must not, without reasonable excuse, alter a towing authorisation after it has been signed in accordance with the regulations.
Maximum penalty—50 penalty units.
(Repealed)
The regulations may make provision for or with respect to regulating the fees that can be charged by a licensee or certified driver for the towing, salvage or storage of a motor vehicle or for any service that is related to or ancillary to the towing, salvage or storage of a motor vehicle.
Without limiting subsection (1), the regulations under this section can include provision that—
(a) fixes maximum fees or otherwise limits the fees that may be charged, or
(b) prohibits the charging of a fee for any specified service that is related or ancillary to the towing, salvage or storage of a motor vehicle, or
(c) specifies procedures to be followed by licensees and certified drivers in connection with the charging of fees.
A licensee or certified driver is not entitled to recover or retain any fee charged in contravention of regulations under this section.
The regulations may make provision for or with respect to the design, construction and equipment of tow trucks.
A regulation made for the purposes of this section that is inconsistent with the provisions of any other regulation made under another Act prevails, to the extent of the inconsistency, over that other regulation.
A person must not use or operate a prohibited tow truck for the purposes of any towing work.
Maximum penalty—100 penalty units or imprisonment for 12 months, or both.
In this section,
Transport for NSW may issue distinctive number-plates for tow trucks that are, according to the advice of the Secretary, to be operated under the authority of a licence.
A licensee must not sell, or otherwise transfer, any number-plates issued under this section to another person.
Maximum penalty—25 penalty units.
A licensee must not contravene any condition of the licence.
Maximum penalty—50 penalty units or imprisonment for 6 months, or both.
A certified driver must not contravene any condition of the drivers certificate.
Maximum penalty—50 penalty units or imprisonment for 6 months, or both.
A tow truck operator must not employ, engage or otherwise use the services of a person to do anything for which a drivers certificate is required under this Act or the regulations unless the person is a certified driver.
Maximum penalty—50 penalty units.
This section applies in relation to any licensee who holds a licence that authorises the towing of motor vehicles involved in accidents.
A licensee to whom this section applies must make a record of—
(a) the full name, residential address and drivers certificate number of each tow truck driver who is employed or engaged by the licensee or whose services are otherwise used by the licensee, and
(b) in relation to each occasion on which a licensed tow truck is used or operated by such a tow truck driver—
(i) the date on which the tow truck was used or operated, and
(ii) the name of any person who travelled as a passenger in the tow truck, and
(iii) the location of any accident attended by the tow truck, and
(iv) the number of any towing authorisation obtained by the driver, and
(v) the address to which any motor vehicle was towed in accordance with the towing authorisation, and
(vi) the registration number of any such motor vehicle.
Maximum penalty—50 penalty units.
Any such record must—
(a) be in the approved form, and
(b) include particulars of the name and business address of the licensee, and
(c) be completed as soon as practicable after each occasion on which the licensed tow truck is used or operated.
Maximum penalty—50 penalty units.
The licensee must keep the record at the licensee’s place of business for at least 5 years after the information is recorded.
Maximum penalty—50 penalty units.
If the licence is revoked or suspended or otherwise ceases to be in force, the licensee must provide to the Secretary any records kept in accordance with this section.
Maximum penalty—50 penalty units.
The licensee must, on demand by an authorised officer or a police officer, provide the officer with the name and address of any tow truck driver whose services have been or are being used by the licensee.
Maximum penalty—50 penalty units.
A person must not, for the purpose of obtaining towing work, or for the purpose of enabling any other person to obtain towing work, give or receive, or offer to give or receive, any valuable thing in consideration of the furnishing of information or advice—
(a) as to the occurrence of an accident, or
(b) as to the presence on a road or road related area of a motor vehicle that has been involved in an accident or that otherwise requires towing.
Maximum penalty—25 penalty units.
A person must not—
(a) give, or offer to give, any valuable thing in consideration of the obtaining, personally or for any other person, of the work of repairing a motor vehicle that has been involved in an accident or that otherwise requires towing, or
(b) demand, receive, or offer to receive, any valuable thing in consideration of the obtaining, for any other person, of the work of repairing a motor vehicle that has been involved in an accident or that otherwise requires towing.
Maximum penalty—100 penalty units or imprisonment for 12 months, or both.
A person must not give, or offer to give, any inducement of a kind prescribed by the regulations for the purposes of this subsection in consideration of the obtaining, personally or for any other person, of the towing of a motor vehicle that has been involved in an accident or that otherwise requires towing.
Maximum penalty—50 penalty units.
In this section—
(a) any money, loan, employment, article, benefit or advantage and any commission or rebate, payment in excess of actual value of goods or services, deduction or percentage, bonus or discount, and
(b) not demanding any money or money’s worth or valuable thing,
but does not include any reasonable charges in respect of the towing, salvage or storage of a motor vehicle (so long as those charges are permitted to be charged under this Act and do not exceed any maximum charges fixed by the regulations).
A person must not obtain or attempt to obtain from another person the other person’s authority for the repair by a particular repairer of a motor vehicle that has been involved in an accident before it is delivered to the place specified in the towing authorisation relating to the motor vehicle as the place to which it is to be towed.
Maximum penalty—50 penalty units or imprisonment for 6 months, or both.
If—
(a) an authority for the repair of a motor vehicle is obtained in contravention of subsection (1), and
(b) within 48 hours after obtaining the authority the person who gave the authority to repair (or the person’s agent) revokes the authority by written notice given to the repairer in respect of whom the authority was given or to an employee of that repairer,
the person revoking the authority is not liable for any costs or damages arising as a result of giving the authority or revoking the authority, or for the cost of any work performed on the vehicle after it was towed to the place specified in the towing authorisation.
In this section,
A person must not, at or within 500 metres of the scene of an accident, tout or solicit for any towing work in connection with the accident regardless of on whose behalf the touting or soliciting is done.
Maximum penalty—50 penalty units.
Subsection (1) does not prohibit a person from attempting to obtain a towing authorisation in accordance with this Act and the regulations in relation to a motor vehicle at any time before—
(a) a towing authorisation is obtained by any person in accordance with this Act and the regulations for the towing of the relevant motor vehicle, or
(b) a police officer has informed the person that the police officer has organised for the towing of the relevant motor vehicle.
Subsection (1) does not prohibit a person from dealing with a towing authorisation in accordance with this Act and the regulations.
A person must not, at or within 500 metres of the scene of an accident, tout or solicit for any work involving the repair of a motor vehicle involved in the accident regardless of on whose behalf the touting or soliciting is done.
Maximum penalty—50 penalty units.
A person must not, by threats, intimidation or coercion, do anything to any person for the purpose of any of the following—
(a) obtaining towing work,
(b) enabling any other person to obtain towing work,
(c) preventing any other person from obtaining towing work,
(d) obtaining the work of repairing a motor vehicle that has been involved in an accident or that otherwise requires towing,
(e) enabling any other person to obtain the work of repairing a motor vehicle that has been involved in an accident or that otherwise requires towing,
(f) preventing any other person from obtaining the work of repairing a motor vehicle that has been involved in an accident or that otherwise requires towing.
A person must not, by threats, intimidation or coercion, prevent (or attempt to prevent) a person from complying with any provision of this Act or the regulations.
Maximum penalty—100 penalty units or imprisonment for 12 months, or both.
The driver of a tow truck that tows a motor vehicle from the scene of an accident must, before leaving the scene, remove any debris caused by, or relating to, the motor vehicle unless otherwise directed by a police officer.
Maximum penalty—10 penalty units.
If a certified driver is at the scene of an accident, the driver must comply with any reasonable direction given to the driver by an authorised officer, police officer or emergency services officer who is present at the scene and who is exercising his or her official duties as such an officer.
Maximum penalty—50 penalty units.
It is an offence under section 142(4) of the Road Transport Act 2013 to fail to comply with any direction given by a police officer or other appropriate officer in the exercise of the officer’s functions of removing an obstruction to traffic on a road or road related area.
Without limiting subsection (1), an authorised officer or police officer may, if the officer is of the opinion that a person is acting in contravention of this Act or the regulations, direct the person—
(a) to leave the scene of the accident, and
(b) to stay at least 500 metres away from the scene (or such other distance as the officer may direct) and for such time as the officer may direct.
A person must not travel as a passenger in any tow truck that is proceeding to or from the scene of an accident unless the person—
(a) was the driver of, or was a passenger in, a motor vehicle involved in the accident, or
(b) is a certified driver who is travelling for the purpose of assisting the driver of the tow truck in carrying out towing work.
Maximum penalty—50 penalty units.
The driver of a tow truck must not allow a person to travel as a passenger in the tow truck when it is proceeding to or from the scene of an accident unless the person—
(a) was the driver of, or was a passenger in, a motor vehicle involved in the accident, or
(b) is a certified driver who is travelling as a passenger for the purpose of assisting the driver of the tow truck in carrying out towing work.
Maximum penalty—50 penalty units.
The driver of a tow truck must not stand the tow truck at or within 500 metres of the scene of an accident—
(a) for a period longer than the time that is reasonably necessary—
(i) to obtain a towing authorisation in respect of any motor vehicle involved in the accident (being a motor vehicle for which no such authorisation has been obtained by another tow truck driver), and
(ii) to secure the motor vehicle to or on to the tow truck, and
(iii) to comply with section 65, or
(b) if a towing authorisation has already been obtained in respect of each of the motor vehicles involved in the accident that require towing—without a reasonable excuse.
Maximum penalty—50 penalty units.
A certified driver must—
(a) while at, or in the vicinity of, the scene of an accident, or
(b) while driving or standing a tow truck on a road or road related area, or
(c) while carrying out, or attempting to obtain, any towing work, or
(d) while travelling in a tow truck as a passenger, or
(e) while otherwise using or operating the tow truck,
wear his or her drivers certificate in a manner that enables the face of the certificate to be clearly visible.
Maximum penalty—25 penalty units.
A licensee must, at the licensee’s place of business, produce the licence to an authorised officer or police officer on demand.
Maximum penalty—25 penalty units.
A certified driver must, whenever the driver is—
(a) at, or in the vicinity of, the scene of an accident, or
(b) driving or standing a licensed tow truck on a road or road related area, or
(c) carrying out, or attempting to obtain, any towing work, or
(d) travelling in a licensed tow truck as a passenger, or
(e) otherwise using or operating a licensed tow truck,
produce to an authorised officer or police officer, on demand, a copy of the licence under which the tow truck is authorised.
Maximum penalty—25 penalty units.
In addition to any other requirement in relation to the wearing of a drivers certificate, a certified driver must, on demand made by an authorised officer or police officer at any time—
(a) if the driver has the certificate in his or her immediate possession—produce the certificate for inspection by the officer, or
(b) if the driver does not have the certificate in his or her immediate possession—produce it, as soon as practicable after the demand is made, to the officer who made the demand or to another person nominated by the officer.
Maximum penalty—25 penalty units.
A person is guilty of an offence under this section only if the authorised officer or police officer, when making the demand, explains to the person that failure to comply with the demand is an offence under this Act.
A person must not cause to be published any advertisement that advertises the business of a tow truck operator unless the person to whom the advertisement relates is a person who holds a licence that authorises the person to carry on that business.
Maximum penalty—50 penalty units.
A licensee must ensure that any advertisement relating to the licensee’s business as a tow truck operator contains the number of the licence.
Maximum penalty—50 penalty units.
A reference in this section to an advertisement includes a reference to any form of notice or statement in the nature of an advertisement.
An authorised officer cannot exercise the functions of an authorised officer under this Act or the regulations unless the officer is in possession of an identification card issued to the officer by the Secretary.
In the course of exercising the functions of an authorised officer under this Act or the regulations, the officer must, if requested to do so by any person, produce the officer’s identification card to the person.
A person must not disclose any relevant information obtained in connection with the administration or execution of this Act or the regulations unless the disclosure is made—
(a) with the consent of the person from whom the information was obtained, or
(b) in connection with the administration or execution of this Act or the regulations or any other Act, or
(c) for the purposes of any legal proceedings arising out of this Act or the regulations or any other Act, or of any report of any such proceedings, or
(d) in accordance with a requirement imposed under the Ombudsman Act 1974, or
(e) with other lawful excuse.
Maximum penalty—50 penalty units or imprisonment for 6 months, or both.
In this section,
(a) information concerning the business and financial affairs of the person from whom the information is obtained, or
(b) information acquired in the connection with an application for a licence or drivers certificate.
If a licence or drivers certificate is suspended or revoked or voluntarily surrendered, the Secretary may refund part of any fees paid in respect of the granting of the licence or drivers certificate.
In determining whether part of a fee is to be refunded, the Secretary may have regard to any costs incurred by the Secretary with respect to the granting of the licence or drivers certificate.
If, in any proceedings, it is proved that on a certain day or during any period a person was a licensee or a certified driver, it is to be presumed, in the absence of proof to the contrary, that the person was carrying on the business of a tow truck operator, or was employed (or otherwise engaged) as a tow truck driver, on that day or during that period.
A certificate signed by the Secretary, or by an employee of the Department authorised by the Secretary for the purposes of this section, certifying any of the following—
(a) that a person was or was not, on a specified date, a licensee or certified driver,
(b) that particulars or conditions specified in the licence or drivers certificate were, on a specified date, the particulars or conditions specified in the licence or drivers certificate,
(c) that a licence or drivers certificate specified in the certificate was, during any specified period, suspended,
(d) that a licence or drivers certificate specified in the certificate was, on a specified date, suspended or revoked or otherwise ceased to be in force,
(e) that any particulars specified in the certificate, being particulars of any thing contained in the register kept by the Secretary under section 39, were, on a specified date, the particulars so specified,
is admissible in evidence in any proceedings and is evidence of the matters stated in the certificate.
A document that is authorised or required by this Act or the regulations to be served on any person may be served by any of the following methods—
(a) in the case of an individual—by personal delivery to the person,
(b) by post to the address specified by the person for the service of documents of that kind,
(c) in the case of an individual who has not specified such an address—by post to the residential or business address of the person last known to the person serving the document,
(d) in the case of a corporation—by post to the registered office or any other office of the corporation or by leaving it at any such office with a person apparently over the age of 16 years,
(e) by email to an email address specified by the person for the service of documents of that kind,
(e1) by other electronic means to an address or location specified by the person for the service of documents of that kind,
(f) by any other method authorised by the regulations for the service of documents of that kind.
Nothing in this section affects the operation of any provision of a law or of the rules of a court authorising a document to be served on a person by any other method.
In this section,
The provisions of this Act and the regulations have effect despite any stipulation to the contrary.
No contract or agreement made or entered into before or after the commencement of this section operates to annul, vary or exclude any of the provisions of this Act or the regulations.
(Repealed)
The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
In particular, the regulations may make provision for or with respect to the following matters—
(a) any matter connected with licences and drivers certificates, including qualifications for licences and drivers certificates,
(b) the use and operation of tow trucks,
(c) the advertising of the business of any tow truck operator,
(d) holding yards,
(e) the making and keeping of records by tow truck operators and drivers,
(f) the display of signs by tow truck operators and drivers,
(g) the particulars to be displayed on tow trucks,
(h) the furnishing by licensees or certified drivers of any information (including, in the case of licensees, particulars of any of their employees),
(i) the charging and payment of a fee for any inspection required or information supplied by the Secretary,
(j) the conduct and duties of persons using, operating or driving tow trucks, and of persons employed on or about them or otherwise employed in the business of a tow truck operator,
(k) the conduct of persons in relation to the use or operation of tow trucks,
(l) the functions of tow truck operators,
(m) prescribing the conditions under which tow trucks may be used or operated,
(n) the disposal of unclaimed motor vehicles in the care or custody of tow truck operators,
(o) (Repealed)
(p) fees payable under this Act or the regulations,
(q) the waiver, reduction, postponement or refund by the Secretary of fees payable or paid under this Act or the regulations.
The regulations may create an offence punishable by a penalty not exceeding 50 penalty units.
The regulations may adopt any document as in force from time to time.
Schedule 2 has effect.
(Repealed)
The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.
The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.
A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.
(Repealed)
(Section 106)
The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts—
• this Act
• Tow Truck Industry Amendment Act 1999
• Tow Truck Industry Amendment Act 2007
• Tow Truck Industry Amendment Act 2008
Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as—
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
In this Part—
The TTA is a continuation of, and the same legal entity as, the former corporation.
A person who, immediately before the commencement of Part 2 of this Act, held office as a member of the former corporation, ceases to hold that office on that commencement.
A person who so ceases to hold office is not entitled to any remuneration or compensation because of the loss of that office.
In this clause—
(a) that was granted under the former Act, and
(b) that was in force immediately before the repeal of the former Act by this Act.
(a) that was granted under the former Act, and
(b) that was in force immediately before the repeal of the former Act by this Act.
Subject to the regulations, an existing licence—
(a) is taken to be a licence granted under this Act, and
(b) continues in force for the unexpired portion of its term (unless it is sooner suspended or revoked or otherwise ceases to be in force under this Act), and
(c) cannot be renewed.
Subject to the regulations, an existing drivers certificate—
(a) is taken to be a drivers certificate granted under this Act, and
(b) continues in force for the unexpired portion of its term (unless it is sooner suspended or revoked or otherwise ceases to be in force under this Act), and
(c) cannot be renewed.
The conditions to which an existing licence or existing drivers certificate is subject are, subject to the regulations, taken to be conditions imposed by the TTA under this Act, and any such condition may be amended in accordance with this Act.
An application for a licence or drivers certificate made under the former Act that was not finally determined before the repeal of the former Act by this Act is void and does not have any operation with respect to this Act.
Any disciplinary proceedings under Part 4 of the former Act, or any proceedings arising out of a decision under that Act, that were instituted before the repeal of the former Act but not determined before that repeal, are to be determined as if this Act had not been enacted.
Except as provided by the regulations, a reference in any instrument (other than this Act or the regulations) to any provision of the Tow Truck Act 1989, or the Tow Truck Regulation 1990, is to be read as a reference to the corresponding provision of this Act, or the regulations made under this Act, respectively.
A person holding office as an appointed member of the Board immediately before the repeal and re-enactment of section 9(2) by the Statute Law (Miscellaneous Provisions) Act (No 2) 2001 is taken to have been appointed under that subsection (as re-enacted) for the balance of the member’s term of office.
In this Part—
The Tow Truck Authority is abolished on the relevant commencement date.
The assets, rights and liabilities of the Tow Truck Authority as at the relevant commencement date become the assets, rights and liabilities of the Roads and Traffic Authority.
Anything done by the Tow Truck Authority and having effect immediately before the relevant commencement date is taken to have been done by the RTA.
In any document, a reference to the Tow Truck Authority is to be read as or as including a reference to the RTA.
The annual report of the Tow Truck Authority for the 2006–2007 financial year is taken to include the period commencing 1 July 2007 and ending on the relevant commencement date. Accordingly, for the purposes of the Annual Reports (Statutory Bodies) Act 1984, the 2006–2007 financial year of the Tow Truck Authority is taken to end on the relevant commencement date.
In this Part—
An applicant for a licence whose application was pending immediately before the commencement of section 17(2)(a1) (as inserted by the amending Act) is to be given a reasonable opportunity to amend the application so as to specify a term for which the licence is sought. Any such pending application that is not amended by the applicant before it is finally dealt with by the RTA is to be treated as an application for a licence for a term of 1 year.
An applicant for a drivers certificate whose application was pending immediately before the commencement of section 25(2)(a1) (as inserted by the amending Act) is to be given a reasonable opportunity to amend the application so as to specify a term for which the drivers certificate is sought. Any such pending application that is not amended by the applicant before it is finally dealt with by the RTA is to be treated as an application for a drivers certificate for a term of 1 year.
Section 22(2), as substituted by the amending Act, extends to conduct that occurred before the substitution of the subsection.
Section 31(2), as substituted by the amending Act, extends to conduct that occurred before the substitution of the subsection.
Section 20(2)(h), as substituted by the amending Act, does not apply to fees and charges for the towing, salvage or storage of a motor vehicle carried out before the paragraph was substituted, or for work performed or a service rendered in connection with the towing, salvage or storage of a motor vehicle before the paragraph was substituted.
Section 29(2)(b), as substituted by the amending Act, does not apply to fees and charges for the towing or salvage of a motor vehicle carried out before the paragraph was substituted, or for work performed or a service rendered in connection with the towing or salvage of a motor vehicle before the paragraph was substituted.
Section 20(2)(i2), as inserted by the amending Act, extends to licences in force when the paragraph was inserted.
Section 29(2)(b3), as inserted by the amending Act, extends to drivers certificates in force when the paragraph was inserted.
In this clause—
An application for a licence or drivers certificate made, but not determined, before the commencement of this clause is to be dealt with under this Act as amended by the amending Act.
Sections 41 and 42, as amended by the amending Act, extend to a licence or drivers certificate in force immediately before the commencement of this clause.
A person who was, immediately before the commencement of this clause, authorised by Roads and Maritime Services as an authorised officer, is taken to have been authorised by the Secretary as an authorised officer.
An identification card issued to the person by Roads and Maritime Services under section 98 is taken to be an identification card issued by the Secretary.
In this Part—
(a) starting on 18 July 2019, and
(b) ending immediately before the commencement of the amendment Act.
This clause applies if, during the relevant period, the Secretary waived, reduced, postponed or refunded, in whole or part, a fee payable or paid by a person under this Act or the regulations on the ground the Secretary was satisfied it was appropriate because—
(a) the person was suffering financial hardship, or
(b) special circumstances existed.
The waiver, reduction, postponement or refund is taken to have been as valid as if it had happened after the commencement of the amendment Act.
To remove any doubt, the power of the Secretary to waive, reduce, postpone or refund, in whole or part, a fee payable or paid under this Act or the regulations applies in relation to—
(a) a person who was suffering financial hardship—
(i) during the relevant period, or
(ii) because of events that happened during the relevant period, or
(b) special circumstances—
(i) that existed during the relevant period, or
(ii) that exist because of events that happened during the relevant period.
(Repealed)
For orders under secs 21 and 30 see Gazettes No 50 of 29.4.2005, p 1590; No 154 of 9.12.2005, p 10313; No 92 of 20.7.2007, p 4781; No 93 of 26.6.2009, pp 3608, 3610; No 207 of 18.12.2009, p 6285; No 74 of 11.6.2010, p 2386; No 62 of 24.6.2011, p 4528; No 64 of 22.6.2012, p 2486; No 73 of 21.6.2013, p 2517; No 54 of 20.6.2014, p 2197; No 48 of 5.6.2015, p 1607; No 53 of 24.6.2016, p 1567 and No 67 of 23.6.2017, p 2959.
Tow Truck Industry Act 1998 No 111. Assented to 9.11.1998. Date of commencement of Parts 1 and 2, secs 91–93, 104, 105 (1), 106 and 107 (1) (but only to the extent that it repeals secs 56 and 60 and Part 6 of, and Schs 1 and 2 to, the Tow Truck Act 1989) and Schs 1 and 2 (except cll 5–8), 19.2.1999, sec 2 and GG No 22 of 19.2.1999, p 741; date of commencement of remainder (except Sch 3.1), 8.10.1999, sec 2 and GG No 116 of 8.10.1999, p 9712; Sch 3.1 was not commenced and was repealed by the Tow Truck Industry Amendment Act 2007 No 54. This Act has been amended as follows—
No 19 | Road Transport Legislation Amendment Act 1999. Assented to 1.7.1999. Date of commencement of Sch 2, 1.12.1999, sec 2 (1) and GG No 133 of 26.11.1999, p 10863. | |
No 61 | Tow Truck Industry Amendment Act 1999. Assented to 24.11.1999. Date of commencement of Sch 1 (except Sch 1 [6]–[13] [15] [18] and [20]), 1.7.2001, sec 2 and GG No 103 of 29.6.2001, p 4446; date of commencement of Sch 1 [6]–[13] [15] [18] and [20], 1.6.2002, sec 2 and GG No 85 of 10.5.2002, p 2740. | |
No 112 | Statute Law (Miscellaneous Provisions) Act (No 2) 2001. Assented to 14.12.2001. Date of commencement of Sch 1.26, assent, sec 2 (2). | |
No 103 | Law Enforcement (Powers and Responsibilities) Act 2002. Assented to 29.11.2002. Date of commencement of Sch 4, 1.12.2005, sec 2 and GG No 45 of 15.4.2005, p 1356. | |
No 82 | Statute Law (Miscellaneous Provisions) Act (No 2) 2003. Assented to 27.11.2003. Date of commencement of Sch 3, assent, sec 2 (1). | |
No 11 | Road Transport (General) Act 2005. Assented to 14.4.2005. Date of commencement of Sch 3.45, 30.9.2005, sec 2 (1) and GG No 120 of 30.9.2005, p 7674. | |
No 2 | Public Sector Employment Legislation Amendment Act 2006. Assented to 13.3.2006. Date of commencement, 17.3.2006, sec 2 and GG No 35 of 17.3.2006, p 1378. | |
No 58 | Statute Law (Miscellaneous Provisions) Act 2006. Assented to 20.6.2006. Date of commencement of Sch 3.17, assent, sec 2 (2). | |
No 54 | Tow Truck Industry Amendment Act 2007. Assented to 15.11.2007. Date of commencement, 30.11.2007, sec 2 and GG No 175 of 30.11.2007, p 8674. | |
No 94 | Miscellaneous Acts (Local Court) Amendment Act 2007. Assented to 13.12.2007. Date of commencement of Sch 4, 6.7.2009, sec 2 and 2009 (314) LW 3.7.2009. | |
No 83 | Tow Truck Industry Amendment Act 2008. Assented to 5.11.2008. Date of commencement (except Sch 1 [7] [8] [10] [11] [14] and [15]), 27.4.2009, sec 2 and 2009 (139) LW 24.4.2009; date of commencement of Sch 1 [7] [8] [10] [11] [14] and [15], 18.12.2009, sec 2 and 2009 (579) LW 18.12.2009. | |
No 23 | Criminal Organisations Legislation Amendment Act 2009. Assented to 19.5.2009. Date of commencement of Sch 3, assent, sec 2 (1). | |
No 41 | Transport Legislation Amendment Act 2011. Assented to 13.9.2011. Date of commencement of Sch 5.58, 1.11.2011, sec 2 and 2011 (559) LW 28.10.2011. | |
No 62 | Statute Law (Miscellaneous Provisions) Act (No 2) 2011. Assented to 16.11.2011. Date of commencement of Sch 3, 6.1.2012, sec 2 (1). | |
No 9 | Crimes (Criminal Organisations Control) Act 2012. Assented to 21.3.2012. Date of commencement, assent, sec 2. | |
No 12 | Crimes (Criminal Organisations Control) Amendment Act 2013. Assented to 3.4.2013. Date of commencement, assent, sec 2. | |
No 19 | Road Transport Legislation (Repeal and Amendment) Act 2013. Assented to 3.4.2013. Date of commencement, 1.7.2013, sec 2 and 2013 (329) LW 28.6.2013. | |
No 95 | Civil and Administrative Legislation (Repeal and Amendment) Act 2013. Assented to 20.11.2013. Date of commencement, 1.1.2014, sec 2. | |
No 22 | Statute Law (Miscellaneous Provisions) Act 2017. Assented to 1.6.2017. Date of commencement of Sch 1.22, 1.7.2017, sec 2 (2); date of commencement of Sch 3, 7.7.2017, sec 2 (3). | |
No 65 | Fair Trading Legislation Amendment (Reform) Act 2018. Assented to 31.10.2018. Date of commencement of Schs 2.15[1]–[7] and 4.6, 1.7.2020, sec 2(2); Sch 2.15[8] was not commenced and was repealed by the Better Regulation and Customer Service Legislation Amendment (Bushfire Relief) Act 2020 No 3; date of commencement of Sch 7.17, assent, sec 2 (1). | |
No 70 | Government Sector Finance Legislation (Repeal and Amendment) Act 2018. Assented to 22.11.2018. Date of commencement of Sch 3, 1.12.2018, sec 2 (1) and 2018 (673) LW 30.11.2018. | |
No 14 | Statute Law (Miscellaneous Provisions) Act (No 2) 2019. Assented to 21.11.2019. Date of commencement of Sch 1.24, 2.12.2019, Sch 1.24. | |
No 3 | Better Regulation and Customer Service Legislation Amendment (Bushfire Relief) Act 2020. Assented to 25.3.2020. Date of commencement, assent, sec 2. | |
No 30 | Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020. Date of commencement of amendments made by Sch 1.47, 11.12.2020, sec 2(3); date of commencement of amendments made by Sch 4, 22.1.2021, sec 2(4). | |
No 23 | Better Regulation Legislation Amendment (Miscellaneous) Act 2021. Assented to 1.11.2021. Date of commencement of Sch 1.17, assent, sec 2. | |
No 59 | Statute Law (Miscellaneous Provisions) Act (No 2) 2022. Assented to 26.10.2022. Date of commencement, 13.1.2023, sec 2. | |
No 25 | Better Regulation, Fair Trading and Other Legislation Amendment Act 2024. Assented to 31.5.2024. Date of commencement, assent, sec 2. | |
No 53 | Better Regulation Legislation Amendment (Miscellaneous) Act 2024. Assented to 20.8.2024. Date of commencement of Sch 1.17, assent, sec 2(b). | |
No 17 | Automatic Mutual Recognition Legislation Amendment Act 2025. Assented to 2.4.2025. Date of commencement, 1.7.2025, sec 2. |
Long title | Am 2007 No 54, Sch 1 [1]. |
Sec 3 | Am 1999 No 19, Sch 2.48 [1] [2]; 1999 No 61, Sch 1 [1] [2]; 2001 No 112, Sch 1.26 [1]; 2005 No 11, Sch 3.45 [1]–[3]; 2007 No 54, Sch 1 [3]–[5]; 2009 No 23, Sch 3.8 [1]; 2011 No 41, Sch 5.58 [2]; 2012 No 9, Sch 1.11 [1]; 2013 No 12, Sch 2.6; 2013 No 19, Sch 4.76 [1]; 2017 No 22, Sch 1.22 [2]; 2022 No 59, Sch 3.68. |
Sec 6 | Am 2018 No 65, Sch 4.6[1]. |
Sec 6A | Ins 2008 No 83, Sch 1 [1]. |
Sec 7 | Am 1999 No 61, Sch 1 [3]. Subst 2007 No 54, Sch 1 [6]; 2011 No 41, Sch 5.58 [3]. Rep 2017 No 22, Sch 1.22 [4]. Ins 2025 No 17, Sch 5. |
Sec 8 | Am 1999 No 61, Sch 1 [4]; 2006 No 2, Sch 4.74 [1]. Rep 2007 No 54, Sch 1 [6]. Ins 2025 No 17, Sch 5. |
Part 2 | Subst 2007 No 54, Sch 1 [6]. Rep 2017 No 22, Sch 1.22 [4]. |
Part 2, Div 1 | Rep 2007 No 54, Sch 1 [6]. |
Part 2, Div 2 | Rep 2007 No 54, Sch 1 [6]. |
Sec 9 | Am 2001 No 112, Sch 1.26 [2] [3]. Rep 2007 No 54, Sch 1 [6]. |
Sec 10 | Rep 2007 No 54, Sch 1 [6]. |
Sec 11 | Subst 1999 No 61, Sch 1 [5]. Rep 2006 No 2, Sch 4.74 [2]. |
Sec 12 | Rep 2007 No 54, Sch 1 [6]. |
Part 2, Div 3 (secs 13, 14) | Rep 2007 No 54, Sch 1 [6]. |
Sec 16 | Am 2017 No 22, Sch 1.22 [3]. |
Sec 17 | Am 1999 No 19, Sch 2.48 [3]; 1999 No 61, Sch 1 [6]; 2005 No 11, Sch 3.45 [4]; 2008 No 83, Sch 1 [2] [3]; 2013 No 19, Sch 4.76 [2]; 2018 No 65, Sch 2.15[1]; 2019 No 14, Sch 1.24[1] [2]. |
Sec 18 | Am 2008 No 83, Sch 1 [4]; 2009 No 23, Sch 3.8 [2] [3]; 2012 No 9, Sch 1.11 [2]; 2017 No 22, Sch 1.22 [3]; 2018 No 65, Sch 2.15[2]. |
Sec 19 | Am 2017 No 22, Sch 1.22 [3]. |
Sec 20 | Am 2008 No 83, Sch 1 [5]–[7]; 2020 No 30, Sch 1.47[1]; 2021 No 23, Sch 1.17[1] [2]. |
Sec 21 | Am 1999 No 61, Sch 1 [7] [8]; 2017 No 22, Sch 1.22 [3]. Rep 2019 No 14, Sch 1.24[3]. |
Sec 22 | Subst 2008 No 83, Sch 1 [8]; 2018 No 65, Sch 2.15[3]. Am 2024 No 53, Sch 1.17[1]. |
Sec 22A | Ins 2008 No 83, Sch 1 [8]. |
Sec 24 | Am 2017 No 22, Sch 1.22 [3]. |
Sec 25 | Am 1999 No 61, Sch 1 [9]; 2008 No 83, Sch 1 [9]; 2018 No 65, Sch 2.15[4]; 2019 No 14, Sch 1.24[4]. |
Sec 26 | Am 1999 No 19, Sch 2.48 [4]; 2009 No 23, Sch 3.8 [4] [5]; 2012 No 9, Sch 1.11 [2]; 2013 No 19, Sch 4.76 [3]; 2017 No 22, Sch 1.22 [3]; 2018 No 65, Sch 2.15[5]. |
Sec 27 | Am 2017 No 22, Sch 1.22 [3]. |
Sec 29 | Am 2008 No 83, Sch 1 [10]; 2020 No 30, Sch 1.47[1]. |
Sec 30 | Am 1999 No 61, Sch 1 [10] [11]; 2017 No 22, Sch 1.22 [3]. Rep 2019 No 14, Sch 1.24[5]. |
Sec 31 | Subst 2008 No 83, Sch 1 [11]; 2018 No 65, Sch 2.15[6]. Am 2024 No 53, Sch 1.17[2]. |
Sec 31A | Ins 2008 No 83, Sch 1 [11]. |
Sec 33 | Am 1999 No 61, Sch 1 [12] [13]; 2017 No 22, Sch 1.22 [3] and [5]. |
Sec 33A | Ins 2018 No 65, Sch 4.6[2]. |
Sec 34 | Am 1999 No 61, Sch 1 [14]; 2017 No 22, Sch 1.22 [3]; 2024 No 25, Sch 7.9. |
Sec 35 | Am 2017 No 22, Sch 1.22 [3]. |
Sec 37 | Am 2017 No 22, Sch 1.22 [3]. |
Sec 38 | Am 2017 No 22, Sch 1.22 [6]. |
Sec 39 | Am 2017 No 22, Sch 1.22 [3] and [7]; 2018 No 65, Sch 4.6[3] [4]. |
Sec 40A | Ins 2018 No 65, Sch 2.15[7]. |
Part 3, Div 4, heading | Am 2017 No 22, Sch 1.22 [8]. |
Sec 41 | Am 2008 No 83, Sch 1 [12]; 2009 No 23, Sch 3.8 [6]; 2017 No 22, Sch 1.22 [3] and [9]; 2020 No 30, Sch 1.47[2]. |
Sec 42 | Am 2009 No 23, Sch 3.8 [7]; 2012 No 9, Sch 1.11 [2]; 2017 No 22, Sch 1.22 [3]. |
Sec 43 | Am 2009 No 23, Sch 3.8 [8]; 2017 No 22, Sch 1.22 [3] and [10]. |
Part 3, Div 5, heading | Subst 2013 No 95, Sch 2.145 [1]. |
Sec 45 | Am 2008 No 83, Sch 1 [13]; 2009 No 23, Sch 3.8 [9]; 2013 No 95, Sch 2.145 [2]–[4]. |
Part 4, Div 1, heading | Subst 1999 No 61, Sch 1 [15]. Am 2007 No 54, Sch 1 [7]. |
Part 4, Div 1 | Subst 1999 No 61, Sch 1 [15]. |
Secs 46–48 | Subst 1999 No 61, Sch 1 [15]. Rep 2007 No 54, Sch 1 [8]. |
Sec 49 | Subst 1999 No 61, Sch 1 [15]; 2007 No 54, Sch 1 [9]. |
Sec 49A | Ins 2007 No 54, Sch 1 [9]. |
Sec 50 | Subst 1999 No 61, Sch 1 [15]. Am 2007 No 54, Sch 1 [10] [11]. |
Secs 51–53 | Subst 1999 No 61, Sch 1 [15]. |
Part 4, Div 2, heading | Rep 1999 No 61, Sch 1 [15]. |
Sec 54 | Am 2007 No 54, Sch 1 [12]. Subst 2008 No 83, Sch 1 [14]. |
Sec 57 | Am 2007 No 54, Sch 1 [13]; 2017 No 22, Sch 1.22 [11]; 2020 No 30, Sch 4.112[1][2] |
Sec 60 | Am 2007 No 54, Sch 1 [14]. |
Sec 61 | Am 2007 No 54, Sch 1 [15]; 2008 No 83, Sch 1 [15]. |
Sec 62 | Am 1999 No 61, Sch 1 [16] [17]. |
Sec 63 | Am 2007 No 54, Sch 1 [15]. Subst 2008 No 83, Sch 1 [16]. |
Sec 63A | Ins 2008 No 83, Sch 1 [16]. |
Sec 65 | Am 2007 No 54, Sch 1 [15]. |
Sec 66 | Am 1999 No 61, Sch 1 [18]; 2007 No 54, Sch 1 [15]; 2008 No 83, Sch 1 [17]; 2013 No 19, Sch 4.76 [4]. |
Sec 67 | Am 2007 No 54, Sch 1 [15]. Am 2008 No 83, Sch 1 [18]. |
Secs 68–70 | Am 2007 No 54, Sch 1 [15]. |
Secs 77 and 78 | Am 2017 No 22, Sch 1.22 [3]. |
Sec 80 | Am 2006 No 58, Sch 3.17; 2017 No 22, Sch 1.22 [3] and [12]. |
Sec 83 | Am 2002 No 103, Sch 4.94 [1]–[4]. |
Sec 84 | Am 2017 No 22, Sch 1.22 [3]. |
Sec 87 | Am 2007 No 94, Sch 4. |
Sec 89 | Subst 2017 No 22, Sch 3.78. |
Sec 90 | Am 2017 No 22, Sch 1.22 [3]. |
Sec 91 | Am 1999 No 61, Sch 1 [19]; 2007 No 54, Sch 1 [16]–[20]; 2021 No 23, Sch 1.17[3]. |
Sec 92 | Am 2017 No 22, Sch 1.22 [3] [13]. Subst 2018 No 70, Sch 3.60. |
Sec 93 | Rep 2007 No 54, Sch 1 [21]. Ins 2017 No 22, Sch 1.22 [14]. |
Sec 94 | Rep 2007 No 54, Sch 1 [22]. |
Sec 95 | Am 2007 No 54, Sch 1 [23]; 2011 No 62, Sch 3.37; 2017 No 22, Sch 1.22 [3]; 2018 No 65, Sch 4.6[5]. |
Sec 96 | Am 2017 No 22, Sch 1.22 [3]. |
Sec 97 | Rep 2007 No 54, Sch 1 [24]. |
Sec 99 | Am 2007 No 54, Sch 1 [25]. |
Sec 101 | Am 2007 No 54, Sch 1 [26]; 2017 No 22, Sch 1.22 [15]. |
Sec 102 | Am 2007 No 54, Sch 1 [27] [28]. Am 2017 No 22, Sch 1.22 [16] [17]. Subst 2018 No 65, Sch 7.17. Am 2024 No 25, Sch 6.20. |
Sec 104 | Rep 2007 No 54, Sch 1 [29]. |
Sec 105 | Am 1999 No 61, Sch 1 [20]; 2007 No 54, Sch 1 [30]; 2017 No 22, Sch 1.22 [18]; 2019 No 14, Sch 1.24[6]; 2020 No 3, Sch 1.29[1]. |
Sec 107 | Rep 2017 No 22, Sch 1.22 [19]. |
Sec 108 | Rep 2007 No 54, Sch 1 [31]. |
Sch 1 | Am 2001 No 112, Sch 1.26 [4]. Rep 2007 No 54, Sch 1 [32]. |
Sch 2 | Am 1999 No 61, Sch 1 [21] [22]; 2001 No 112, Sch 1.26 [5]; 2007 No 54, Sch 1 [33] [34]; 2008 No 83, Sch 1 [19] [20]; 2009 No 23, Sch 3.8 [10]; 2017 No 22, Sch 1.22 [20]; 2020 No 3, Sch 1.29[2]. |
Sch 3 | Am 2003 No 82, Sch 3. Rep 2007 No 54, Sch 1 [35]. |
The whole Act (except Sch 2) | Am 2007 No 54, Sch 1 [2] (“TTA” omitted wherever occurring, “RTA” inserted instead); 2011 No 41, Sch 5.58 [1] (“The RTA”, “the RTA” and “the RTA’s” omitted wherever occurring, “RMS”, “RMS” and “RMS’s” inserted instead, respectively; 2017 No 22, Sch 1.22 [1] (“RMS” omitted wherever occurring, “the Secretary” inserted instead). |
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