Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to amend the Tow Truck Industry Act 1998 (the Principal
Act) so as:

(a) to abolish the Tow Truck Authority and transfer its tow truck industry
regulatory functions to the Roads and Traffic Authority, and

(b) to abolish the job allocation scheme, and

(c) to require towing authorisations to be obtained for the carrying out of accident
towing work, and

(d) to make other amendments of a minor or consequential nature.

The Bill also makes consequential amendments to various other Acts and
Regulations.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act by proclamation.

Clause 3 is a formal provision that gives effect to the amendments to the Tow Truck
Industry Act 1998 set out in Schedule 1.

Clause 4 is a formal provision that gives effect to the consequential amendments to
the other legislation set out in Schedule 2.

Clause 5 provides for the repeal of the proposed Act after all the amendments made
by the proposed Act have commenced. Once the amendments have commenced the
proposed Act will be spent and section 30 of the Interpretation Act 1987 provides
that the repeal of an amending Act does not affect the amendments made by that Act.

Schedule 1 Amendment of Tow Truck Industry Act
1998
Amendments relating to abolition of TTA and transfer of functions to
RTA
The Tow Truck Authority (TTA), its Board and the Tow Truck Industry Advisory
Council are established under Part 2 of the Principal Act to manage and regulate the
tow truck industry. Schedule 1 [6] abolishes the TTA, its Board and the Advisory
Council and transfers all of the tow truck industry regulatory functions of the TTA to
the Roads and Traffic Authority (RTA).

Currently under the Principal Act there is established a fund known as the Tow Truck
Industry Fund. This fund receives all money, and pays all expenditure for the
purposes of the Principal Act. Schedule 1 [16]–[20] ensure that all money received
by the RTA under the Principal Act is retained and paid out of the Tow Truck
Industry Fund.

The Principal Act contains various miscellaneous provisions relating to the
administration of the TTA (including its financial year, recovery of money,
delegation of functions and protection from personal liability). The Transport
Administration Act 1988 contains similar administrative provisions that apply to the
RTA. Accordingly, Schedule 1 [21], [22], [24] and [29] remove unnecessary
sections from the Principal Act.

Schedule 1 [34] specifies the date on which the TTA is to be abolished and makes it
clear that the assets, rights and liabilities of the TTA become those of the RTA. Also,
anything done by the TTA is taken to have been done by the RTA. The financial year
reporting requirements of the TTA are extended to include the period of time up to
its abolition.

Schedule 1 [4] removes definitions that are no longer required as a result of the above
amendments.

Schedule 1 [1], [2], [5], [13], [23], [25], [26] and [32] make minor consequential
amendments as a result of the abolition of the TTA.

Amendments relating to abolition of job allocation scheme
The Principal Act currently provides for a job allocation scheme for towing work.

Schedule 1 [8] abolishes the job allocation scheme by removing provisions relating
to its establishment, administration and operation.

Schedule 1 [7], [10] and [30] make minor consequential amendments as a result of
the abolition of the job allocation scheme.

Amendments relating to accident towing work
Schedule 1 [9] inserts proposed sections 49 and 49A into the Principal Act. Proposed
section 49 provides that accident towing work must not be undertaken unless a
towing authorisation has been obtained for the towing work. A towing authorisation
is not required if a direction to tow is given by a police officer or authorised officer.

Proposed section 49A makes it an offence for a person to obtain, or attempt to obtain,
a towing authorisation in respect of towing work for which a towing authorisation
has already been given.

Schedule 1 [3] inserts the definitions of “accident”, “accident towing work” and
“scene of an accident” (currently contained in the Tow Truck Industry Regulation
1999) into the Principal Act.

Schedule 1 [11], [14] and [15] make minor consequential amendments as a result of
the amendments relating to accident towing work.

Other amendments
The Principal Act currently provides that the TTA may determine maximum charges
that may be charged by tow truck operators. Schedule 1 [12] provides that charges
determined by the RTA must be published in the Gazette.

The Principal Act enables the TTA to serve documents on a person by personal
delivery, delivery to the person’s place of residence or business or by post. Schedule
1 [27] provides that the RTA may, in addition to these methods of service, serve
documents by facsimile transmission. The Principal Act also provides that a
document may be served on the TTA at any of its offices. Schedule 1 [28] also
provides that a document may be served on the RTA at its Head Office or other
offices as prescribed by the regulations.

Schedule 1 [33] amends Schedule 2 to the Principal Act to enable regulations
containing savings or transitional provisions to be made as a consequence of the
enactment of the proposed Act.

Uncommenced Schedule 3.1 to the Principal Act inserts proposed clause 9 of Part 4
of Schedule 2 to the Administrative Decisions Tribunal Act 1997 so as to provide for
the constitution of the Tow Truck Industry Disciplinary Panel. Schedule 1 [35]
repeals the uncommenced Schedule and Schedule 1 [31] is a consequential
amendment.

Schedule 2 Consequential amendments of other
legislation
As a result of the abolition of the TTA, Schedule 2.1–2.6 make minor consequential
amendments to the Administrative Decisions Tribunal (General) Regulation 2004,
Public Finance and Audit Act 1983, Road Transport (General) Act 2005, Road
Transport (General) Regulation 2005, Road Transport (Safety and Traffic
Management) Act 1999 and Transport Administration Act 1988 respectively.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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