New South Wales Consolidated Acts

TOW TRUCK INDUSTRY ACT 1998 - SECT 42

42 Grounds for taking disciplinary action

(1) The RTA 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 RTA 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 RTA, 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.

(2) The RTA must take disciplinary action under this Division against a licensee or certified driver if the RTA 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 2009 , 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.