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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Tow Truck Industry Amendment
Bill 2007
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Tow Truck Industry Act 1998 No 111 2
4 Consequential amendments of other legislation 2
5 Repeal of Act 2
Schedule 1 Amendment of Tow Truck Industry Act 1998 3
Schedule 2 Consequential amendments of other legislation 10
I certify that this public bill, which originated in the Legislative Assembly, has
finally passed the Legislative Council and the Legislative Assembly of New
South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2007
New South Wales
Tow Truck Industry Amendment
Bill 2007
Act No , 2007
An Act to amend the Tow Truck Industry Act 1998 to abolish the Tow Truck
Authority and transfer its functions to the Roads and Traffic Authority and to repeal
provisions relating to the job allocation scheme; and for other purposes.
I have examined this bill and find it to correspond in all respects with the bill as
finally passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Clause 1 Tow Truck Industry Amendment Bill 2007
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Tow Truck Industry Amendment Act 2007.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Tow Truck Industry Act 1998 No 111
The Tow Truck Industry Act 1998 is amended as set out in Schedule 1.
4 Consequential amendments of other legislation
The Acts and Regulations specified in Schedule 2 are amended as set
out in that Schedule.
5 Repeal of Act
(1) This Act is repealed on the day following the day on which all of the
provisions of the Act have commenced.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
Tow Truck Industry Amendment Bill 2007
Amendment of Tow Truck Industry Act 1998 Schedule 1
Schedule 1 Amendment of Tow Truck Industry Act
1998
(Section 3)
[1] Long title
Omit "to constitute the Tow Truck Authority and the Tow Truck Industry
Advisory Council;".
[2] The whole Act (other than Schedule 2), except where otherwise amended
by this Schedule
Omit "TTA" wherever occurring. Insert instead "RTA".
[3] Section 3 Definitions
Insert in alphabetical order in section 3 (1):
accident means any collision, impact or other event (however
caused) resulting in damage to a motor vehicle.
accident towing work means the towing or carrying away by a
tow truck of a motor vehicle involved in an accident, either from
the scene of the accident or from the place to which the motor
vehicle has been moved following the accident.
scene of an accident means an area proximate to the point where
a motor vehicle involved in an accident has, as an immediate
result of the accident, come or been brought to a stationary
position.
[4] Section 3 (1)
Omit the definitions of Advisory Council, appointed member, Board,
Director-General, General Manager, motor vehicle accident and TTA.
[5] Section 3 (1)
Omit the definition of authorised officer. Insert instead:
authorised officer means a member of staff of the Roads and
Traffic Authority Division of the Government Service who is
authorised in writing by the RTA for the purposes of this Act.
Page 3
Tow Truck Industry Amendment Bill 2007
Schedule 1 Amendment of Tow Truck Industry Act 1998
[6] Part 2 Administration
Omit the Part. Insert instead:
Part 2 Functions of RTA in relation to tow truck
industry
7 Functions of RTA under this Act
The RTA has the following functions under this Act:
(a) to regulate the tow truck industry in accordance with this
Act and the regulations,
(b) to make reports and recommendations to the Minister with
respect to the licensing of tow truck operators and drivers,
and the design, construction and equipment of tow trucks,
(c) to inform the public about the tow truck industry,
(d) to promote and undertake research into the tow truck
industry,
(e) whenever it considers it necessary to do so, or is requested
by the Minister to do so, to make reports or
recommendations with respect to the operation of this Act
or the tow truck industry.
[7] Part 4, Division 1, heading
Omit "Job allocation scheme". Insert instead "Towing authorisations".
[8] Sections 4648
Omit the sections.
[9] Sections 49 and 49A
Omit section 49. Insert instead:
49 Requirement to obtain towing authorisation
(1) 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.
(2) 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
Page 4
Tow Truck Industry Amendment Bill 2007
Amendment of Tow Truck Industry Act 1998 Schedule 1
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.
(3) 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.
(4) The regulations may provide that a towing authorisation is
required in such other circumstances as may be prescribed.
(5) A towing authorisation required by or under this section is to be
in the approved form.
49A Restrictions on obtaining towing authorisations after authority
already granted
(1) 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.
(2) However, subsection (1) does not apply if the towing work
authorised by the towing authorisation concerned has been
completed.
[10] Section 50 Restrictions on obtaining towing authorisations
Omit section 50 (1) (d) and (e).
[11] Section 50 (2)
Omit the subsection.
[12] Section 54 Towing and other charges
Omit "from time to time" from section 54 (1).
Insert instead ", by order published in the Gazette,".
[13] Section 57 Tow truck number-plates
Omit ", according to the advice of the TTA," from section 57 (1).
[14] Section 60 Licensee required to keep certain records
Omit "motor vehicle" from section 60 (2) (b) (iii).
Page 5
Tow Truck Industry Amendment Bill 2007
Schedule 1 Amendment of Tow Truck Industry Act 1998
[15] Sections 61, 63 and 6570
Omit "a motor vehicle accident" wherever occurring.
Insert instead "an accident".
[16] Section 91 Tow Truck Industry Fund
Omit "TTA" from section 91 (1) (a). Insert instead "RTA under this Act".
[17] Section 91 (1) (a1)
Omit "officers of the TTA". Insert instead "the RTA or authorised officers".
[18] Section 91 (1) (b)
Omit the paragraph. Insert instead:
(b) all money borrowed by or advanced to the RTA for the
purposes of this Act or appropriated by Parliament for the
purposes of the RTA under this Act.
[19] Section 91 (3) (b)
Omit "TTA" wherever occurring. Insert instead "RTA under this Act".
[20] Section 91 (3) (c)
Omit the paragraph.
[21] Section 93 Financial year
Omit the section.
[22] Section 94 Recovery of money
Omit the section.
[23] Section 95 Arrangements for supply of Police records
Omit "and the RTA" and "or the RTA" from section 95 (1).
[24] Section 97 Delegation
Omit the section.
[25] Section 99 Disclosure of information
Omit "(or any other Act conferring or imposing functions on the TTA)" from
section 99 (1).
Page 6
Tow Truck Industry Amendment Bill 2007
Amendment of Tow Truck Industry Act 1998 Schedule 1
[26] Section 101 Evidence
Omit "the General Manager, or by an officer authorised by the TTA" from
section 101 (2).
Insert instead "the Chief Executive of the RTA, or by a member of staff of the
RTA authorised by the Chief Executive".
[27] Section 102 Service of documents
Insert "or facsimile transmission" after "by post" in section 102 (1) (c).
[28] Section 102 (3)
Omit the subsection. Insert instead:
(3) A document may be served on the RTA under this Act by leaving
it at, or by sending it by post to, the Head Office of the RTA or
any of its other offices as may be prescribed by the regulations.
[29] Section 104 Protection from personal liability
Omit the section.
[30] Section 105 Regulations
Omit section 105 (2) (o).
[31] Section 108 Amendment of other Acts
Omit the section.
[32] Schedule 1 Members and procedure of Board and Advisory Council
Omit the Schedule.
[33] Schedule 2 Savings and transitional provisions
Insert at the end of clause 1 (1):
Tow Truck Industry Amendment Act 2007
Page 7
Tow Truck Industry Amendment Bill 2007
Schedule 1 Amendment of Tow Truck Industry Act 1998
[34] Schedule 2, Part 4
Insert at the end of the Schedule:
Part 4 Provisions consequent on enactment of
Tow Truck Industry Amendment Act 2007
10 Definitions
In this Part:
amending Act means the Tow Truck Industry Amendment Act
2007.
assets means any legal or equitable estate or interest (whether
present or future and whether vested or contingent) in real or
personal property of any description (including money, securities
and choses in action).
document means any Act (other than this Act) or statutory
instrument, or any other instrument, or any other contract or
agreement.
liabilities means any liabilities, debts or obligations (whether
present or future and whether vested or contingent).
relevant commencement date means the day on which section 7
as substituted by the amending Act commences.
rights means any rights, powers, privileges or immunities
(whether present or future and whether vested or contingent).
11 Abolition of Tow Truck Authority
The Tow Truck Authority is abolished on the relevant
commencement date.
12 Transfer of assets
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.
13 Action taken by Tow Truck 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.
14 References to Tow Truck Authority
In any document, a reference to the Tow Truck Authority is to be
read as or as including a reference to the RTA.
Page 8
Tow Truck Industry Amendment Bill 2007
Amendment of Tow Truck Industry Act 1998 Schedule 1
15 Annual report of the Tow Truck Authority for the 20062007
financial year
The annual report of the Tow Truck Authority for the 20062007
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 20062007 financial year of the Tow Truck
Authority is taken to end on the relevant commencement date.
[35] Schedule 3 Amendment of other Acts
Omit the Schedule.
Page 9
Tow Truck Industry Amendment Bill 2007
Schedule 2 Consequential amendments of other legislation
Schedule 2 Consequential amendments of other
legislation
(Section 4)
2.1 Administrative Decisions Tribunal (General) Regulation
2004
Clause 11 Reviewable decisions excluded from internal review under
section 53 of the Act
Omit "Tow Truck Authority" from clause 11 (g).
Insert instead "Roads and Traffic Authority".
2.2 Public Finance and Audit Act 1983 No 152
Schedule 2 Statutory bodies
Omit "Tow Truck Authority".
2.3 Road Transport (General) Act 2005 No 11
Section 230 Certificate evidence
Omit ", or any record kept by or on behalf of the Tow Truck Authority relating
to the operation of a job allocation scheme established under Part 4 of that Act"
from section 230 (3).
2.4 Road Transport (General) Regulation 2005
Schedule 2 Authorised officers
Omit the definition of Class 5 officer.
2.5 Road Transport (Safety and Traffic Management) Act 1999
No 20
[1] Section 75 Removal of dangers and obstructions to traffic
Omit section 75 (1A), (1B) and (3A) (b).
[2] Section 76 Removal of unattended motor vehicles or trailers from certain
places
Omit "or the Tow Truck Authority" from section 76 (1) wherever occurring.
Page 10
Tow Truck Industry Amendment Bill 2007
Consequential amendments of other legislation Schedule 2
2.6 Transport Administration Act 1988 No 109
[1] Section 46 Constitution of RTA
Insert ", the Tow Truck Industry Act 1998" after "the Road Transport (Driver
Licensing) Act 1998" in section 46 (2) (a).
[2] Section 78 Payments into Roads and Traffic Authority Fund
Insert after section 78 (1) (b) (ii):
(iia) any money received under the Tow Truck Industry
Act 1998, and
Page 11
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