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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Accident Towing Services Bill 2007
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 2
3 Definitions 3
4 Objective 13
5 Act to bind the Crown 13
PART 2--REQUIREMENTS AS TO TOW TRUCKS 14
Division 1--Requirements for operating and driving certain tow
trucks 14
6 Requirements for operating regular tow trucks 14
7 Requirements for operating heavy tow trucks 15
8 Requirements for driving regular tow trucks towing accident
damaged motor vehicles 16
9 Requirements for driving heavy tow trucks towing accident
damaged motor vehicles 16
Division 2--Licensing 16
10 Power to license the operation of regular tow trucks 16
11 Power to license the operation of heavy tow trucks 17
12 Issue of new licences and re-issue of certain limited licences 19
13 Period for which licence remains in force 19
Division 3--Authorisation for issue of new tow truck licences 20
14 Ministerial authorisation for the issue of regular tow truck
licences 20
15 Ministerial authorisation for the issue of heavy tow truck
licences 22
16 Notice of Ministerial authorisations under this Division 24
Division 4--Process for issuing new tow truck licences 24
17 Notice that non-limited tow truck licences available 24
18 Applications for non-limited tow truck licences 25
19 Time within which VicRoads must deal with application 25
561012B.I-17/4/2007 i BILL LA INTRODUCTION 17/4/2007
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20 Approval of applications 26
21 Issue of non-limited tow truck licences to approved applicants
etc. 26
22 VicRoads' discretion as to persons to whom limited tow truck
licences issued 27
Division 5--General provisions applying to tow truck licences 27
23 Fees payable for licences 27
24 Certificate on issue of licence 28
25 Conditions on licences 28
26 Offence not to comply with conditions on licence 29
27 Specified tow trucks 29
28 Tow truck licence to be property 29
29 Transfer of tow truck licence to another person 30
30 Application for transfer of tow truck licence 30
31 Recording and taking effect of transfer 31
Division 6--Cancellation and suspension of tow truck licences 32
32 VicRoads may cancel or suspend a tow truck licence 32
33 Effect of cancellation or suspension of accreditation of licence
holder 33
34 Requirement to surrender licence certificate on cancellation
or suspension of towing operator accreditation 34
Division 7--Permits to operate tow trucks in specific circumstances 34
35 Temporary permits 34
36 Offence not to carry permit when driving 35
37 Offence not to produce permit when asked 35
Division 8--Offences as to regular and heavy tow trucks 35
38 Offence not to take care in driving or operating tow truck 35
39 Offence to leave tow truck standing for more than a certain
period 36
40 Offence for persons to travel in accident damaged motor
vehicles 37
41 Certain persons may be ordered to leave restricted road
accident area 37
Division 9--Operation of tow trucks in controlled areas 38
42 Offence for regular tow trucks to attend road accident scenes in
controlled areas without allocation 38
43 Salvage exemption 40
44 Prohibition on towing of vehicles removed from designated
roads unless allocated 41
45 Further allocation offences 41
46 Declaration of controlled areas 42
47 Appointment of allocation body 42
561012B.I-17/4/2007 ii BILL LA INTRODUCTION 17/4/2007
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48 Creation of allocation roster entitlements 43
49 Circumstances in which roster entitlements can be applied to
another licence 43
50 Nature of allocation roster entitlement 43
Division 10--Self-management areas 43
51 Licence holder offences as to road accident scenes in self-
management areas 43
52 Self-management areas 44
Division 11--VCAT review 45
53 Review of decision by VCAT 45
54 Time period for making application to VCAT 46
PART 3--INDUSTRY ACCREDITATION 47
Division 1--Objective and requirement for accreditation 47
55 Industry accreditation objective 47
56 Offence to operate or manage accident towing service business
without accreditation 47
57 VicRoads to accredit persons to carry on or manage accident
towing services business 48
58 How long accreditation remains in force 48
Division 2--Application for accreditation 48
59 Applications for tow truck operating accreditations 48
60 Making of application 49
61 VicRoads may require further information etc. 50
62 Chief Commissioner of Police may supply information to
VicRoads 50
63 Time within which VicRoads must deal with application 50
64 Nominated person 51
65 When VicRoads may approve an application for accreditation 52
66 Mandatory refusal of accreditation 53
67 Refusal of accreditation unless VicRoads satisfied it is
appropriate 54
68 Discretionary refusal of accreditation 54
69 Notification and reasons to be given if accreditation refused 57
70 Disqualification for applying for accreditation 57
71 Disqualification ceases if there has been a relevant change
of circumstances 58
Division 3--Accreditation conditions and service standards 59
72 Conditions on accreditation 59
73 VicRoads may vary, revoke or impose new conditions 60
74 Offence to fail to comply with conditions 61
75 Service standards 61
561012B.I-17/4/2007 iii BILL LA INTRODUCTION 17/4/2007
Clause Page
Division 4--Certificates of accreditation 63
76 Issue of certificate of accreditation 63
77 Offence not to notify of change of address and return
certificate 64
78 Offence to retain illegible certificate 64
Division 5--Disciplinary action 65
79 When VicRoads must cancel accreditation 65
80 When VicRoads may take disciplinary action 65
81 Disciplinary action that may be taken in relation to
accreditations 66
82 Procedure for taking disciplinary action 67
83 Notice of disciplinary action 68
84 Immediate suspension of accreditation 68
85 Effect of suspension of accreditation 69
86 Return of certificate of accreditation 69
Division 6--VCAT review and jurisdiction 70
87 Original jurisdiction of VCAT in relation to mandatory refusal
or cancellation 70
88 Review of decision by VCAT 72
89 Time period for making application to VCAT 72
Division 7--Miscellaneous 73
90 Accredited person to keep records 73
91 Accreditation cannot be transferred 74
92 Holder of accreditation and Chief Commissioner of Police to
notify VicRoads of finding of guilt 74
93 Offence not to notify of suspension or cancellation of
accreditation 75
94 Surrender of accreditation 76
95 Consent to surrender 76
96 Information disclosure by VicRoads 77
PART 4--DRIVER ACCREDITATION 78
Division 1--Objective and requirement for accreditation 78
97 Driver accreditation objective 78
98 Offence to drive licensed tow truck or tow truck providing
accident towing services without accreditation 78
99 VicRoads to accredit persons to drive licensed tow truck and
accompany driver 80
100 How long accreditation remains in force 80
561012B.I-17/4/2007 iv BILL LA INTRODUCTION 17/4/2007
Clause Page
Division 2--Application for accreditation 80
101 Applications for tow truck driver accreditation 80
102 Making of application 80
103 VicRoads may require further information 81
104 Chief Commissioner of Police may supply information to
VicRoads 81
105 Time within which VicRoads must deal with application 81
106 When VicRoads may approve an application for accreditation 82
107 Mandatory refusal of accreditation 83
108 Refusal of accreditation unless VicRoads satisfied it is
appropriate 83
109 Discretionary refusal of accreditation 84
110 Notification and reasons to be given if accreditation refused 85
111 Disqualification from applying for accreditation 86
112 Disqualification ceases if there has been a relevant change
of circumstances 87
Division 3--Accreditation conditions 88
113 Conditions on accreditation 88
114 VicRoads may vary, revoke or impose new conditions 88
115 Offence to fail to comply with conditions 89
Division 4--Certificates of accreditation 90
116 Issue of certificate of accreditation 90
117 Offence not to sign certificate on receipt 91
118 Offence not to notify of change of address and return
certificate 91
119 Offence to retain illegible certificate 92
120 Offence not to carry certificate when driving 92
121 Offence not to produce certificate when asked 92
Division 5--Disciplinary action 93
122 When VicRoads must cancel accreditation 93
123 Accreditation cancelled or suspended if driver licence
cancelled, expired or suspended 93
124 When VicRoads may take disciplinary action 93
125 Disciplinary action that may be taken in relation to
accreditations 94
126 Procedure for taking disciplinary action 95
127 Notice of disciplinary action 96
128 Immediate suspension of accreditation 96
129 Effect of suspension of accreditation 98
130 Return of certificate of accreditation 98
131 Compensation for lost income during suspension 98
561012B.I-17/4/2007 v BILL LA INTRODUCTION 17/4/2007
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Division 6--VCAT review and jurisdiction 99
132 Original jurisdiction of VCAT in relation to mandatory refusal 99
133 Review of decision by VCAT 101
134 Time period for making application to VCAT 101
Division 7--Miscellaneous 102
135 Accreditation cannot be transferred 102
136 Holder of accreditation and Chief Commissioner of Police to
notify of finding of guilt 103
137 Offence not to notify of suspension or cancellation of
accreditation 103
138 Surrender of accreditation 104
139 Consent to surrender 104
140 Information disclosure by VicRoads 105
PART 5--GENERAL ACCIDENT TOWING AND RELATED
OPERATIONS 106
Division 1--Authority to tow 106
141 Definitions 106
142 Offence to tow vehicle from road accident scene without
owner authority 106
143 Authority to tow for towing in a controlled area 108
144 Tow truck driver must provide copy of authority to tow to
owner before towing the vehicle 109
145 Authority to tow to be carried and produced and job number
to be given 109
146 Removal of accident damaged motor vehicles 110
Division 2--Offences at road accident scenes 110
147 Offence to seek repair work at road accident scene 110
148 Offence to tout or solicit for business for any vehicle at a road
accident scene in a controlled area 111
149 Exception for authorised tow truck drivers at road accident
scenes 111
Division 3--Storage of accident damaged motor vehicles 112
150 Storage of accident damaged motor vehicles 112
151 Provisions concerning damaged vehicle storage 113
152 No consideration to be paid for obtaining or handing over
any work in respect of an accident damaged motor vehicle 114
561012B.I-17/4/2007 vi BILL LA INTRODUCTION 17/4/2007
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Division 4--Obligations on repairers 115
153 No repair work to be carried out without owner's approval 115
154 Cooling-off period for certain towing related repair
agreements 116
155 Owner not liable for repairs carried out at unauthorised place 117
156 Offence to fail to release towed vehicle 117
Division 5--Obligations on repairers in relation to accident towing
services in a controlled area 119
157 Definitions 119
158 Obligations on repairers in respect of relevant accident
damaged motor vehicles 119
159 Copies of noted-up forms must be given to owners etc. 120
160 Obligations on repairers if the authority to tow is defective
or not provided 121
161 Repairers must keep copy of authority to tow 122
162 Owner may apply for certificate if authority to tow defective
or lost 123
163 Exception in relation to Division 5 offences 124
PART 6--ENFORCEMENT 125
Division 1--Accident towing demerit points 125
164 Demerits Register 125
165 Circumstances in which accident towing demerit points are
incurred and amount 125
166 Period of suspension of accreditation 125
167 VicRoads may suspend accreditation on service of notice 126
168 Accident towing demerit points expire after period of
suspension 126
169 Date suspension of accreditation becomes effective 126
170 Cancellation of accident towing demerit points 127
171 Recording of accident towing demerit points not admissible
in evidence except in limited circumstances 127
172 Review by VCAT 128
Division 2--Infringement notices 130
173 Infringement notices, offences and penalties 130
Division 3--Improvement notices 130
174 Improvement notices 130
175 Formal irregularities or defects in notice 133
176 Proceedings for offences not affected by improvement notices 133
177 Review of decision by VCAT 133
561012B.I-17/4/2007 vii BILL LA INTRODUCTION 17/4/2007
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Division 4--Authorised officers 134
178 Appointment of authorised officer 134
179 Identity cards 135
180 Return of identity cards 135
Division 5--Searches of tow trucks 135
181 Power to enter and search tow trucks for compliance purposes 135
182 Power to enter and search tow trucks for the purpose of
obtaining evidence of contravention 137
183 Production of identification by inspectors before vehicle
searches 138
184 Production of identification during searches 139
185 Consent not needed for searches 140
Division 6--Search of business premises 140
186 Entry or search of premises with consent 140
187 Entry of premises open to the public 143
188 Entry without consent or warrant 143
189 Search warrant 146
190 Announcement before entry 147
191 Details of warrant to be given to occupier 148
192 Seizure of things not mentioned in the warrant 148
193 Embargo notice 149
Division 7--Processes to deal with seized equipment or goods 150
194 Use or seizure of electronic equipment at premises 150
195 Copies of certain things seized to be given 151
196 Access to seized things 152
197 Retention and return of seized documents or things 152
198 Magistrates' Court may extend 3 month period 153
Division 8--General 153
199 Requirement to assist inspector during entry 153
200 Self-incrimination not an excuse 154
201 Direction to state name and address 155
202 Manner of giving directions 155
203 Offences as to compliance with requirements of, obstructing
or hindering or impersonating an inspector 156
204 Persons who may bring proceedings 156
561012B.I-17/4/2007 viii BILL LA INTRODUCTION 17/4/2007
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PART 7--CODES OF PRACTICE 157
205 Codes of practice 157
206 Amendment of approved codes of practice 157
207 Revocation of approvals of codes of practice 158
208 Availability of approved codes of practice 158
209 Minister must consult before approving code of practice or
amendment or revocation of code of practice 158
210 Effect of approved code of practice 159
PART 8--MISCELLANEOUS 160
211 Minister to determine charges for accident towing services
and other services 160
212 Determinations of charges 160
213 Power of VicRoads to determine fees 161
214 Power of delegation 161
215 Offence to provide false or misleading information 162
216 No compensation payable 162
217 Service of documents on natural persons 163
218 Service of documents on corporations and address of
corporations 164
219 When service deemed to be effective 164
220 Evidentiary provisions 165
221 Offences by bodies corporate 166
222 Conduct by officers, employees or agents 167
223 Regulations 168
224 Transitional provisions for commencement of new Scheme 171
PART 9--AMENDMENTS TO THE TRANSPORT ACT AND
OTHER ACTS 172
Division 1--Amendments to the Transport Act 1983 172
225 Objects and functions of Roads Corporation 172
226 Substitution of heading to Part VI 172
227 Definitions 172
228 Annual licence fees 173
229 Setting of fees 173
230 Goods vehicle used as passenger vehicle to be licensed 174
231 Repeal of Division 8 of Part VI, Tow Trucks 174
232 Reference by Minister 174
Division 2--Amendments to the Road Safety Act 1986 174
233 Definitions 174
234 Removal of vehicles from council controlled areas 175
235 Disclosure of information 175
561012B.I-17/4/2007 ix BILL LA INTRODUCTION 17/4/2007
Clause Page
Division 3--Amendments to the Infringements Act 2006, the
Police Regulation Act 1958 and the Melbourne City Link
Act 1995 176
236 Alteration of references in the Infringements Act 2006 176
237 Alteration of references in the Police Regulation Act 1958 176
238 Amendment of Melbourne City Link Act 1995 177
239 Repeal of Part 177
__________________
SCHEDULES 178
SCHEDULE 1--Industry accreditation offences 178
1 Serious violent offences 178
2 Fraud, dishonesty, violence, sexual offences or drug
trafficking 178
3 Other offences 179
SCHEDULE 2--Driver accreditation offences 180
1 Serious violent offences and sexual offences 180
2 Fraud, dishonesty, violence, sexual offences or drug
trafficking 180
3 Other offences 181
SCHEDULE 3--Transitional provisions for new accident towing
services scheme 182
1 Definitions 182
2 Tow Truck Driver Authorities 183
3 Accident towing licences 184
4 Operator accreditations 185
5 Demerit points 186
6 Determination of tow truck charges 186
7 Continuation of operation of regulations 186
8 Saving of references in agreements etc. 187
9 Melbourne controlled area 187
10 Determinations of eligibility 187
ENDNOTES 191
561012B.I-17/4/2007 x BILL LA INTRODUCTION 17/4/2007
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Accident Towing Services Bill 2007
A Bill for an Act to make provision for accident towing services and
other matters relating to the towing, storage and repair of motor
vehicles, to amend the Infringements Act 2006, the Melbourne City
Link Act 1995, the Police Regulation Act 1958, the Road Safety
Act 1986 and the Transport Act 1983 and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The purpose of this Act is--
(a) to promote the safe, efficient and timely
5 provision of accident towing services and
other related services by--
(i) licensing the operation of tow trucks
that provide accident towing services;
and
561012B.I-17/4/2007 1 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 1--Preliminary
s. 2
(ii) accrediting operators of accident
towing service businesses and
managers of depots from which
accident towing services are provided;
5 and
(iii) accrediting tow truck drivers when
driving licensed tow trucks or
providing accident towing services; and
(iv) providing for other matters related to
10 the provision of accident towing
services; and
(v) providing for matters related to the
storage and repair of motor vehicles;
and
15 (b) to make consequential and related
amendments to the Infringements Act 2006,
the Melbourne City Link Act 1995, the
Police Regulation Act 1958, the Road
Safety Act 1986 and the Transport Act
20 1983.
2 Commencement
(1) Section 1, this section and clause 10 of Schedule 3
come into operation on the day after the day on
which this Act receives the Royal Assent.
25 (2) Subject to subsection (3), the remaining
provisions of this Act come into operation on a
day to be proclaimed.
(3) If a provision of this Act referred to in subsection
(2) does not come into operation before 1 January
30 2009, it comes into operation on that day.
561012B.I-17/4/2007 2 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 1--Preliminary
s. 3
3 Definitions
(1) In this Act--
accident damaged motor vehicle means a motor
vehicle that has been damaged as the result
5 of a road accident so that the motor
vehicle--
(a) cannot be driven safely on a road; or
(b) cannot be driven on a road without
compromising the safety of other road
10 users;
accident towing demerit point means a demerit
point incurred in accordance with regulations
made under this Act;
accident towing service means the service of
15 operating tow trucks for the following
purposes--
(a) the purpose of towing accident
damaged motor vehicles, where the
towing of the accident damaged motor
20 vehicle takes place between the time
when the road accident in which the
motor vehicle is damaged occurs and
the time when the motor vehicle is first
delivered to the place specified in the
25 authority to tow;
(b) the purpose of clearing road accident
scenes;
accident towing service business means the trade
or business of operating tow trucks for hire
30 or reward for the purpose of providing
accident towing services;
561012B.I-17/4/2007 3 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 1--Preliminary
s. 3
accredited person means the holder of--
(a) a towing operator accreditation; or
(b) a towing depot manager accreditation;
or
5 (c) a tow truck driver accreditation;
allocation body, in relation to a controlled area,
means--
(a) if a person or body has been appointed
under section 47 to be the allocation
10 body for that area, that person or body;
or
(b) in any other case, VicRoads;
approved code of practice means a code of
practice the making of which, and (where the
15 case so requires) the amending of which, has
been approved by the Minister under Part 7;
authorised officer means a person appointed as an
authorised officer under section 178;
authority to tow means an authorisation, obtained
20 in accordance with Division 1 of Part 5, by
the driver of a tow truck to tow an accident
damaged motor vehicle;
Chief Commissioner of Police means the Chief
Commissioner of Police appointed under the
25 Police Regulation Act 1958;
Commission means the Essential Services
Commission established under the Essential
Services Commission Act 2001;
controlled area means any area declared to be a
30 controlled area under section 46;
corporation has the same meaning as in section 9
of the Corporations Act;
561012B.I-17/4/2007 4 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 1--Preliminary
s. 3
daily storage charge means an amount
determined by the Minister under
section 211 as the fee to be paid each day for
the storing of an accident damaged motor
5 vehicle;
Department means the Department of
Infrastructure;
depot means a premises from which tow trucks
are being operated in the course of an
10 accident towing service business;
designated road means--
(a) the Link road;
(b) the Extension road;
(c) EastLink;
15 (d) any freeway within the meaning of the
Road Management Act 2004;
(e) any road that has been declared under
section 119A of the Road
Management Act 2004 to be a road to
20 which that section applies;
director, in relation to a corporation, has the same
meaning as it has in section 9 of the
Corporations Act;
drive, in relation to a motor vehicle, includes
25 being in control of the motor vehicle;
driver accreditation objective means the objective
set out in section 97;
EastLink has the same meaning as in the
EastLink Project Act 2004;
30 Extension road has the same meaning as in the
Melbourne City Link Act 1995;
Freeway Corporation has the same meaning as in
the EastLink Project Act 2004;
561012B.I-17/4/2007 5 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 1--Preliminary
s. 3
heavy tow truck means a tow truck that is capable
of towing motor vehicles with a gross
vehicle mass of 4 tonnes or more;
heavy tow truck licence means a licence under
5 section 11;
industry accreditation objective means the
objective set out in section 55;
inspector means--
(a) an authorised officer; or
10 (b) a member of the force who has been
authorised by the Chief Commissioner
of Police to exercise powers for the
purposes of this Act;
infringement notice has the same meaning as in
15 the Infringements Act 2006;
job number means the number given by an
allocation body to an authorisation given by
that body to tow an accident damaged motor
vehicle from a road accident scene in the
20 controlled area of that body;
licensed (heavy) tow truck means a heavy tow
truck that is specified in a heavy tow truck
licence;
licensed (regular) tow truck means a regular tow
25 truck that is specified in a regular tow truck
licence;
licensed tow truck means a licensed (regular) tow
truck or a licensed (heavy) tow truck;
limited tow truck licence means a regular tow
30 truck licence issued under section 10(2) or
10(3) or a heavy tow truck licence issued
under section 11(2) or 11(3);
Link road has the same meaning as in the
Melbourne City Link Act 1995;
561012B.I-17/4/2007 6 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 1--Preliminary
s. 3
Melbourne controlled area means the area
declared to be the Melbourne controlled area
under section 46;
Note
5 See also clause 9 of Schedule 3 for the transitional
meaning of this term.
Melbourne licence means a regular tow truck
licence, the specified depot for which is in
the Melbourne controlled area;
10 member of the force has the same meaning as in
the Police Regulation Act 1958;
Note
This term is expressed in the Police Regulation Act
1958 to apply to every person (whether male or
15 female) employed in the force and the force in that
Act is defined to mean officers and other members of
the police force of Victoria whether employed upon
land or upon water.
motor vehicle has the same meaning as in section
20 86(1) of the Transport Act 1983;
nominated person means a person nominated
under section 64;
non-limited tow truck licence means a tow truck
licence that is not a limited tow truck
25 licence;
operate, in relation to a tow truck, means
directing, controlling or being responsible
for the tow truck, but does not mean driving
the tow truck;
30 owner, in relation to a tow truck, includes the
following--
(a) a person who is the owner of the tow
truck;
(b) a person who has the use of the tow
35 truck under a lease agreement;
561012B.I-17/4/2007 7 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 1--Preliminary
s. 3
(c) a person in whose name a tow truck is
registered under the Road Safety Act
1986 or any Act or Ordinance of any
State or Territory of the
5 Commonwealth corresponding to this
Act;
regular tow truck means a tow truck that is
capable of towing motor vehicles with a
gross vehicle mass of less than 4 tonnes;
10 regular tow truck licence means a licence under
section 10;
relevant agency means a relevant agency (that is
not an enforcement agency) within the
meaning of the Melbourne City Link Act
15 1995;
relevant person, in relation to an applicant for
accreditation under Part 3 or a person
accredited under Part 3, means--
(a) any person who holds a share in the
20 capital of, or an entitlement to receive
income derived from, the business to
which the application or accreditation
relates and by virtue of that interest is
able to exercise a significant influence
25 over or with respect to the management
of the activities to which the application
or the accreditation relates; or
(b) any person who is entitled to exercise
any power to participate in the
30 management of the activities to which
the application or the accreditation
relates or to elect or appoint any person
connected with the management of the
business to which the application or
35 accreditation relates; or
561012B.I-17/4/2007 8 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 1--Preliminary
s. 3
(c) any person who is a director, secretary,
member of the committee of
management, or connected with the
management, of the business to which
5 the application or accreditation relates;
road has the same meaning as in the Road Safety
Act 1986;
road accident means an impact or collision of one
or more motor vehicles--
10 (a) on a road or road related area; or
(b) not on a road or road related area, if
immediately before the impact or
collision one or more of the vehicles
involved in the impact or collision had
15 been travelling on a road or road related
area;
road accident scene means an area within a
2 kilometre radius of a road accident;
road accident scene roster, in relation to a
20 controlled area, means the roster of
allocations to attend road accident scenes in
the controlled area that is kept by the
allocation body for that area;
road related area has the same meaning as in the
25 Road Safety Act 1986;
salvage, in the case of an accident damaged motor
vehicle that cannot be moved by a tow truck
from the position it is in as a result of the
road accident without the assistance of
30 another motor vehicle or equipment, means
the moving of the motor vehicle from that
position to a place where it may be towed by
a tow truck without assistance;
self-management area means an area declared to
35 be a self-management area under section 52;
561012B.I-17/4/2007 9 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 1--Preliminary
s. 3
service standard means a service standard
determined under section 75;
specified depot in relation to a licensed tow truck,
means the depot specified in the tow truck
5 licence under which the tow truck operates;
temporary permit means a permit granted under
section 35;
tow, in relation to any motor vehicle, includes--
(a) lifting and towing the motor vehicle;
10 (b) lifting and carrying the motor vehicle;
(c) lifting the motor vehicle for the purpose
of towing the motor vehicle;
tow truck means--
(a) any motor vehicle--
15 (i) that is equipped with a crane,
winch, ramp or other lifting
device; and
(ii) that is used or intended to be used
for the towing of motor vehicles;
20 or
(b) a motor vehicle to which is attached,
temporarily or otherwise, a trailer or
device that is--
(i) equipped with a winch or ramp or
25 other lifting device; and
(ii) that is used or intended to be used
for the towing of motor vehicles;
towing depot manager accreditation means an
accreditation under section 57(2);
30 towing operator accreditation means an
accreditation under section 57(1);
561012B.I-17/4/2007 10 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 1--Preliminary
s. 3
tow truck driver accreditation means an
accreditation under section 99;
tow truck licence means a licence under Part 2;
VicRoads means the Roads Corporation
5 established under Part II of the Transport
Act 1983.
(2) In this Act, a reference to a person who has been
found guilty of an offence is a reference to a
person--
10 (a) against whom a court has made a formal
finding that he or she is guilty of the offence;
or
(b) from whom a court has accepted an
admission under section 100 of the
15 Sentencing Act 1991 that he or she has
committed the offence, or from whom a
similar admission has been accepted under
equivalent provisions of the laws of a
jurisdiction other than Victoria; or
20 (c) against whom a finding has been made
under--
(i) section 17(1)(b) of the Crimes (Mental
Impairment and Unfitness to be
Tried) Act 1997 that he or she was not
25 guilty of the offence because of mental
impairment; or
(ii) section 17(1)(c) of the Crimes (Mental
Impairment and Unfitness to be
Tried) Act 1997 that he or she
30 committed the offence--
or against whom a similar finding has been
made under equivalent provisions of the laws
of a jurisdiction other than Victoria--
being an admission or finding that has not been
35 subsequently quashed or set aside by a court.
561012B.I-17/4/2007 11 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 1--Preliminary
s. 3
(3) In this Act, a reference to a person who has been
charged with an offence is a reference to a
person--
(a) against whom a presentment has been made
5 or an indictment has been laid for the
offence; or
(b) against whom a charge has been filed for the
offence, whether or not--
(i) a summons to answer the charge; or
10 (ii) a warrant to arrest the person--
has been issued or served.
(4) In this Act, a reference to a charge that has not
been finally disposed of is a reference to a charge
that has not been finally dealt with by--
15 (a) being withdrawn or by the entering of a nolle
prosequi; or
(b) the charge having been dismissed by a court;
or
(c) the person against whom the charge has been
20 laid having been discharged by a court
following a committal hearing; or
(d) the person against whom the charge has been
laid having been acquitted or found guilty of
the offence that was the subject of the charge
25 by a court; or
(e) any other prescribed means.
(5) If under the Public Administration Act 2004 the
name of the Department of Infrastructure is
changed, the reference in subsection (1) to that
30 Department must, from the date when the name is
changed, be treated as a reference to the
Department by its new name.
561012B.I-17/4/2007 12 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 1--Preliminary
s. 4
4 Objective
The objective of this Act is to--
(a) promote the safe, efficient and timely
provision of accident towing services and
5 other related services;
(b) ensure that persons who are providing
accident towing services--
(i) are of appropriate character; and
(ii) are technically competent to provide
10 the services; and
(iii) when providing the services, act with
integrity and in a manner that is safe,
timely, efficient and law abiding, and in
particular, that regard is had for
15 vulnerable persons.
5 Act to bind the Crown
This Act binds the Crown in right of Victoria and,
so far as the legislative power of the Parliament
permits, the Crown in all its other capacities.
__________________
561012B.I-17/4/2007 13 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 2--Requirements as to Tow Trucks
s. 6
PART 2--REQUIREMENTS AS TO TOW TRUCKS
Division 1--Requirements for operating and driving certain
tow trucks
6 Requirements for operating regular tow trucks
5 (1) A person must not operate a regular tow truck for
the purpose of providing an accident towing
service unless--
(a) the person holds a towing operator
accreditation; and
10 (b) the person holds a regular tow truck licence
that authorises the operation of the regular
tow truck; and
(c) the person is operating the tow truck to
provide accident towing services in relation
15 to accident damaged motor vehicles with a
gross vehicle mass of less than 4 tonnes; and
(d) the person is the registered operator (within
the meaning of the Road Safety Act 1986)
of the tow truck.
20 Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
300 penalty units.
(2) A person who is operating a regular tow truck for
25 the purpose of providing an accident towing
service must do so from the depot specified in the
licence.
Penalty: In the case of a natural person,
60 penalty units;
30 In the case of a body corporate,
300 penalty units.
561012B.I-17/4/2007 14 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 2--Requirements as to Tow Trucks
s. 7
7 Requirements for operating heavy tow trucks
(1) A person must not operate a heavy tow truck for
the purpose of providing an accident towing
service unless--
5 (a) the person holds a towing operator
accreditation; and
(b) the person holds a heavy tow truck licence
that authorises the operation of the heavy
tow truck; and
10 (c) the person is operating the tow truck to
provide accident towing services in relation
to accident damaged motor vehicles with a
gross vehicle mass of 4 tonnes or more; and
(d) the person is the registered operator (within
15 the meaning of the Road Safety Act 1986)
of the tow truck.
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
20 300 penalty units.
(2) A person who is operating a heavy tow truck for
the purpose of providing an accident towing
service must do so from the depot specified in the
licence.
25 Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
300 penalty units.
561012B.I-17/4/2007 15 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 2--Requirements as to Tow Trucks
s. 8
8 Requirements for driving regular tow trucks towing
accident damaged motor vehicles
A person must not drive a regular tow truck for
the purpose of providing an accident towing
5 service unless there is in force a regular tow truck
licence that authorises the operation of the regular
tow truck.
Penalty: 60 penalty units.
9 Requirements for driving heavy tow trucks towing
10 accident damaged motor vehicles
A person must not drive a heavy tow truck for the
purpose of providing an accident towing service
unless there is in force a heavy tow truck licence
that authorises the operation of the heavy tow
15 truck.
Penalty: 60 penalty units.
Division 2--Licensing
10 Power to license the operation of regular tow trucks
(1) Subject to subsections (2) and (3), VicRoads may
20 license a person to operate a regular tow truck that
is specified in the licence--
(a) for the purpose of providing accident towing
services in relation to accident damaged
motor vehicles with a gross vehicle mass of
25 less than 4 tonnes; and
(b) from the depot specified in the licence.
(2) In the case of a licence authorised by the Minister
to be issued under section 14(2)(d), VicRoads
may license the relevant agency or contractor
30 (as the case requires) to operate a regular tow
truck that is specified in the licence--
561012B.I-17/4/2007 16 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 2--Requirements as to Tow Trucks
s. 11
(a) for the purpose of providing accident towing
services in relation to accident damaged
motor vehicles with a gross vehicle mass of
less than 4 tonnes; and
5 (b) on the whole or any part of the Link road or
Extension road, as specified in the licence, or
on any other designated road that is specified
in the licence; and
(c) from the depot specified in the licence.
10 (3) In the case of a licence authorised by the Minister
to be issued under section 14(2)(e), VicRoads may
license the Freeway Corporation or contractor
(as the case requires) to operate a regular tow
truck that is specified in the licence--
15 (a) for the purpose of providing accident towing
services in relation to accident damaged
motor vehicles with a gross vehicle mass of
less than 4 tonnes; and
(b) on the whole or any part of EastLink, as
20 specified in the licence, or on any other
designated road that is specified in the
licence; and
(c) from the depot specified in the licence.
11 Power to license the operation of heavy tow trucks
25 (1) Subject to subsections (2) and (3), VicRoads may
license a person to operate a heavy tow truck that
is specified in the licence--
(a) for the purpose of providing accident towing
services in relation to accident damaged
30 motor vehicles with a gross vehicle mass of
4 tonnes or more; and
(b) from the depot specified in the licence.
561012B.I-17/4/2007 17 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 2--Requirements as to Tow Trucks
s. 11
(2) In the case of a licence authorised by the Minister
to be issued under section 15(2)(d), VicRoads
may license the relevant agency or contractor
(as the case requires) to operate a heavy tow truck
5 that is specified in the licence--
(a) for the purpose of providing accident towing
services in relation to accident damaged
motor vehicles with a gross vehicle mass of
4 tonnes or more; and
10 (b) on the whole or any part of the Link road or
Extension road, as specified in the licence, or
on any other designated road that is specified
in the licence; and
(c) from the depot specified in the licence.
15 (3) In the case of a licence authorised by the Minister
to be issued under section 15(2)(e), VicRoads may
license the Freeway Corporation or contractor
(as the case requires) to operate a heavy tow truck
that is specified in the licence--
20 (a) for the purpose of providing accident towing
services in relation to accident damaged
motor vehicles with a gross vehicle mass of
4 tonnes or more; and
(b) on the whole or any part of EastLink, as
25 specified in the licence, or on any other
designated road that is specified in the
licence; and
(c) from the depot specified in the licence.
561012B.I-17/4/2007 18 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 2--Requirements as to Tow Trucks
s. 12
12 Issue of new licences and re-issue of certain limited
licences
(1) Subject to subsection (2), VicRoads must not
issue a new regular tow truck licence under
5 section 10 or a new heavy tow truck licence under
section 11 unless VicRoads does so in accordance
with an authorisation of the Minister under
Division 3.
(2) If, under section 13(2) or 13(3), a limited tow
10 truck licence ceases to be held by a person,
VicRoads may issue a new licence, under section
10(2) or 10(3), or 11(2) or 11(3), in substitution of
the licence that has ceased to be in force, to a
person entitled under the relevant subsection to
15 hold such a licence.
13 Period for which licence remains in force
(1) Subject to subsection (2), a tow truck licence
remains in force until the licence is cancelled or
surrendered.
20 (2) If a limited tow truck licence held by a relevant
agency or a contractor to a relevant agency ceases
to be held by the relevant agency or contractor,
the licence ceases to be in force.
(3) If a limited tow truck licence, held by the Freeway
25 Corporation or a contractor to the Freeway
Corporation, ceases to be held by the Freeway
Corporation or contractor, the licence ceases to be
in force.
561012B.I-17/4/2007 19 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 2--Requirements as to Tow Trucks
s. 14
Division 3--Authorisation for issue of new tow truck
licences
14 Ministerial authorisation for the issue of regular tow
truck licences
5 (1) The Minister may authorise the issuing of regular
tow truck licences for an area.
(2) The Minister must not make an authorisation
under this section for the whole or any part of a
controlled area unless--
10 (a) the Minister considers it to be in the public
interest to do so having regard to any
increase in the need for regular tow trucks in
the area; or
(b) the licences to be issued are to replace
15 licences that have been cancelled for the
area; or
(c) the Minister considers that there are
exceptional circumstances in the area that
justify the further issue of regular tow truck
20 licences for the area; or
(d) in the case of the Link road or the Extension
road, the licences are to be issued to--
(i) a relevant agency; or
(ii) a person who is contracted by a
25 relevant agency to provide accident
towing services for the whole or a part
of the Link road or Extension road--
and the Minister is of the opinion that the
issue of the licences is necessary to enable
30 the relevant agency to perform its
obligations, exercise its rights or carry out its
functions under this Act or the Melbourne
City Link Act 1995, regulations made under
this Act or that Act or the Agreement or
561012B.I-17/4/2007 20 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 2--Requirements as to Tow Trucks
s. 14
Extension Agreement within the meaning of
that Act; or
(e) in the case of EastLink, the licences are to be
issued to--
5 (i) the Freeway Corporation within the
meaning of the EastLink Project Act
2004; or
(ii) a person who is contracted by the
Freeway Corporation to provide
10 accident towing services for the whole
or a part of Eastlink--
and the Minister is of the opinion that the
issue of the licences is necessary to enable
the Freeway Corporation to perform its
15 obligations, exercise its rights or carry out its
functions under this Act or the EastLink
Project Act 2004, regulations made under
this Act or that Act or the Agreement within
the meaning of that Act.
20 (3) The Minister must not make an authorisation
under this section for an area that is not within a
controlled area unless--
(a) the Minister considers it to be in the public
interest to do so having regard to the need for
25 regular tow trucks in the area; or
(b) licences to be issued are to replace licences
that have been cancelled for the area; or
(c) the Minister considers that there are
exceptional circumstances in the area to be
30 specified in the licence that justify the further
issue of regular tow truck licences for that
area.
561012B.I-17/4/2007 21 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 2--Requirements as to Tow Trucks
s. 15
(4) In making an authorisation under this section, the
Minister must specify the number of licences that
are authorised to be issued.
(5) In making an authorisation to which subsection
5 (2)(d) or (2)(e) applies--
(a) the Minister may require VicRoads to
impose the conditions, specified in the
authorisation, on the licences; and
(b) the Minister is not required to comply with
10 section 16; and
(c) the Minister may specify fees that are
payable for the licences.
15 Ministerial authorisation for the issue of heavy tow
truck licences
15 (1) The Minister may authorise the issuing of heavy
tow truck licences for an area.
(2) The Minister must not make an authorisation
under this section unless--
(a) the Minister considers it to be in the public
20 interest to do so having regard to any
increase in the need for heavy tow trucks in
the area; or
(b) the licences to be issued are to replace
licences that have been cancelled for the
25 area; or
(c) the Minister considers that there are
exceptional circumstances in the area that
justify the further issue of heavy tow truck
licences for the area; or
561012B.I-17/4/2007 22 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 2--Requirements as to Tow Trucks
s. 15
(d) in the case of the Link road or the Extension
road, the licences are to be issued to--
(i) a relevant agency; or
(ii) a person who is contracted by a
5 relevant agency to provide accident
towing services for the whole or a part
of the Link road or Extension road--
and the Minister is of the opinion that the
issue of the licences is necessary to enable
10 the relevant agency to perform its
obligations, exercise its rights or carry out its
functions under this Act or the Melbourne
City Link Act 1995, regulations made under
this Act or that Act or the Agreement or
15 Extension Agreement within the meaning of
that Act; or
(e) in the case of EastLink, the licences are to be
issued to--
(i) the Freeway Corporation within the
20 meaning of the EastLink Project Act
2004; or
(ii) a person who is contracted by the
Freeway Corporation to provide
accident towing services for the whole
25 or a part of EastLink--
and the Minister is of the opinion that the
issue of the licences is necessary to enable
the Freeway Corporation to perform its
obligations, exercise its rights or carry out its
30 functions under this Act or the EastLink
Project Act 2004, regulations made under
this Act or that Act or the Agreement within
the meaning of that Act.
(3) In making an authorisation under this section, the
35 Minister must specify the number of licences that
are authorised to be issued.
561012B.I-17/4/2007 23 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 2--Requirements as to Tow Trucks
s. 16
(4) In making an authorisation to which subsection
(2)(d) or (2)(e) applies--
(a) the Minister may require VicRoads to
impose the conditions, specified in the
5 authorisation, on the licences; and
(b) the Minister is not required to comply with
section 16; and
(c) the Minister may specify fees that are
payable for the licences.
10 16 Notice of Ministerial authorisations under this
Division
On making an authorisation under this Division
the Minister must--
(a) cause notice of the authorisation to be
15 published in the Government Gazette; and
(b) specify, in the notice, the number of licences
that are authorised to be issued.
Division 4--Process for issuing new tow truck licences
17 Notice that non-limited tow truck licences available
20 On being authorised to issue one or more new
non-limited tow truck licences, VicRoads may, by
notice published in the Government Gazette--
(a) specify the number of new licences that the
Minister has authorised it to issue and, if
25 relevant, the area in respect of which the
licences may be issued; and
(b) specify the procedures to be followed for the
issuing of those licences; and
(c) specify whether the fees to be paid for the
30 licences are to be determined by tender or
are a fixed price; and
561012B.I-17/4/2007 24 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 2--Requirements as to Tow Trucks
s. 18
(d) if a fixed price is to be paid, specify the price
that is to be paid; and
(e) specify the details that must be included in
an application for a licence; and
5 (f) specify where, and by when, applications for
a licence must be lodged; and
(g) provide that all applications for licences, or
all applications for licences to operate in a
particular area, made before a specified time
10 are to lapse.
18 Applications for non-limited tow truck licences
(1) If a notice has been published under section 17, a
person may apply to VicRoads for a non-limited
tow truck licence specified in the notice.
15 (2) An application must--
(a) be made in the manner and form determined
by VicRoads as set out in the notice; and
(b) be accompanied by--
(i) the fee payable for the application as
20 determined under section 213; and
(ii) any information or thing, as set out in
the notice, that is reasonably required
by VicRoads in order to assess the
application.
25 19 Time within which VicRoads must deal with
application
(1) VicRoads must decide whether to approve or
refuse an application under section 18 within
one year after the closing date for applications.
30 (2) On deciding whether to approve or refuse to
approve an application under section 18,
VicRoads must give notice of the decision to the
applicant.
561012B.I-17/4/2007 25 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 2--Requirements as to Tow Trucks
s. 20
20 Approval of applications
(1) VicRoads must not approve an application under
section 18--
(a) unless VicRoads is satisfied--
5 (i) that the applicant holds a towing
operator accreditation; and
(ii) that the applicant is the registered
operator (within the meaning of the
Road Safety Act 1986) of the tow
10 truck in respect of which the licence is
to be issued; or
(b) if the fee payable for the application as
determined under section 213 has not been
paid.
15 (2) An applicant for a non-limited tow truck licence
whose application has been approved must give
VicRoads details in writing of the tow truck that is
to be specified in the licence within 90 days of
receiving the notice under section 19(2).
20 (3) VicRoads may, on the written application of an
applicant, extend the period of 90 days specified
in subsection (2).
(4) Approval of an application ceases to have effect if
the details of the tow truck are not given to
25 VicRoads within the time provided for in this
section.
21 Issue of non-limited tow truck licences to approved
applicants etc.
VicRoads must issue a non-limited tow truck
30 licence to a person whose application for such a
licence has been approved--
(a) if VicRoads has been given the details of the
tow truck on or before the approval of the
application, on approving the application; or
561012B.I-17/4/2007 26 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 2--Requirements as to Tow Trucks
s. 22
(b) if VicRoads has not been given the details of
the tow truck on or before the approval of the
application, on receiving the details of the
tow truck in accordance with section 20(2).
5 22 VicRoads' discretion as to persons to whom limited
tow truck licences issued
VicRoads may issue a new limited tow truck
licence to a person under the relevant
authorisation of the Minister, if VicRoads is
10 satisfied that the person to whom the licence is to
be issued holds a towing operator accreditation.
Division 5--General provisions applying to tow truck
licences
23 Fees payable for licences
15 (1) The fee that must be paid for a non-limited tow
truck licence on the issuing of the licence is--
(a) if the notice that is published in the
Government Gazette of the authorisation of
the Minister under Division 3 has specified a
20 fixed price, the fixed price so specified; or
(b) if a tender method is adopted for the granting
of non-limited tow truck licences, the
amount specified in the successful tender for
the licence.
25 (2) Despite subsection (1), VicRoads may allow a
licence fee to be paid by instalments.
(3) The fee that must be paid for the issue of a limited
tow truck licence must be the fee specified by the
Minister in the authorisation made under
30 Division 3.
561012B.I-17/4/2007 27 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 2--Requirements as to Tow Trucks
s. 24
24 Certificate on issue of licence
(1) If VicRoads issues a tow truck licence it must give
the licence holder a certificate evidencing the
issue of the licence that sets out the name and
5 address of the licence holder.
(2) If VicRoads allows a licence fee to be paid by
instalments, it may issue a certificate under
subsection (1) on the payment of the first
instalment.
10 25 Conditions on licences
(1) On the issue of a tow truck licence by VicRoads,
VicRoads may impose conditions on the licence.
(2) VicRoads may at any time, on VicRoads' own
initiative or on the written application of the
15 holder of a tow truck licence--
(a) vary or revoke a condition imposed on the
licence; or
(b) impose a new condition on the licence.
(3) VicRoads must not, on VicRoads' own initiative,
20 vary or revoke a condition on a tow truck licence
or impose a new condition on a tow truck licence
unless VicRoads has first given the holder of the
licence--
(a) notice of the variation, revocation or
25 imposition of the condition; and
(b) an opportunity to make written submissions
on the variation, revocation or imposition of
the condition.
(4) A tow truck licence is also subject to any
30 condition that applies to the licence and that is set
out in regulations made under this Act.
561012B.I-17/4/2007 28 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 2--Requirements as to Tow Trucks
s. 26
26 Offence not to comply with conditions on licence
The holder of a tow truck licence must comply
with a condition to which the licence is subject.
Penalty: In the case of a natural person,
5 30 penalty units;
In the case of a body corporate,
150 penalty units.
27 Specified tow trucks
(1) Despite section 10, VicRoads may, on an
10 application under subsection (2), exempt the
holder of a Melbourne licence from the
requirement that a tow truck be specified in
respect of the licence.
(2) The holder of a Melbourne licence may apply to
15 VicRoads for an exemption under subsection (1).
(3) VicRoads may, on an application under subsection
(4), alter the specification of a tow truck in a tow
truck licence by substituting another tow truck for
the tow truck so specified.
20 (4) The holder of a tow truck licence may apply to
VicRoads for the specification of the tow truck in
the licence to be altered under subsection (3).
(5) An application under this section must--
(a) be in the form approved by VicRoads; and
25 (b) contain the information required by
VicRoads.
28 Tow truck licence to be property
A tow truck licence forms part of the property of
the holder of the licence and may be dealt with
30 accordingly.
561012B.I-17/4/2007 29 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 2--Requirements as to Tow Trucks
s. 29
29 Transfer of tow truck licence to another person
(1) On receiving an application under section 30
VicRoads may approve the transfer of a tow truck
licence held by one person to another person.
5 (2) VicRoads must not approve the transfer of a
licence under subsection (1) unless VicRoads is
satisfied that the person to whom the licence is to
be transferred--
(a) holds a towing operator accreditation; and
10 (b) is the registered operator (within the
meaning of the Road Safety Act 1986) of
the tow truck specified in the licence; and
(c) in the case of a licence issued under section
10(2) or 11(2), is a relevant agency or a
15 person who is contracted to provide accident
towing services to a relevant agency; and
(d) in the case of a licence issued under section
10(3) or 11(3), is the Freeway Corporation or
a person who is contracted to provide
20 accident towing services to the Freeway
Corporation.
30 Application for transfer of tow truck licence
(1) The holder of a tow truck licence may apply to
VicRoads for approval to transfer the licence to
25 another person.
(2) An application under subsection (1) must--
(a) be made in the manner and form determined
by VicRoads; and
(b) be accompanied by any information or thing
30 required by VicRoads.
561012B.I-17/4/2007 30 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 2--Requirements as to Tow Trucks
s. 31
31 Recording and taking effect of transfer
(1) If--
(a) VicRoads has approved the transfer of a tow
truck licence; and
5 (b) VicRoads has received a document of
transfer--
(i) in the form approved by VicRoads; and
(ii) containing the information that is
reasonably required by VicRoads in
10 order to give effect to the transfer; and
(iii) executed by the holder of the licence
and the person to whom the licence is
being transferred--
VicRoads must record the transfer of the tow
15 truck licence in the register kept under subsection
(4), in accordance with the document of transfer.
(2) The transfer of a tow truck licence takes effect on
the recording of the transfer by VicRoads in the
register kept under subsection (4).
20 (3) On the recording of the transfer by VicRoads,
VicRoads may amend the certificate issued in
relation to the tow truck licence under section 24
to record the name and address of the new holder
of the licence.
25 (4) VicRoads must keep a register of tow truck
licences.
561012B.I-17/4/2007 31 BILL LA INTRODUCTION 17/4/2007
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Part 2--Requirements as to Tow Trucks
s. 32
Division 6--Cancellation and suspension of tow truck
licences
32 VicRoads may cancel or suspend a tow truck licence
(1) VicRoads may cancel or suspend a tow truck
5 licence if--
(a) the holder of the licence has not complied
with a condition of the licence; or
(b) the holder of the licence has not complied
with a provision of this Act, the Road Safety
10 Act 1986, the Transport Act 1983 or
regulations made under this Act or those
Acts.
(2) If VicRoads determines under subsection (1) to
suspend a licence, VicRoads must determine the
15 period for which the licence is to be suspended.
(3) Before taking action under subsection (1),
VicRoads must--
(a) give the holder of the licence written notice
of the action that VicRoads proposes to take
20 and of the reasons for taking that action; and
(b) allow the holder of the licence to make
written representations about the intended
action within 10 business days (or any other
period that VicRoads and the holder of the
25 licence agree on); and
(c) must have regard to any written
representations made within the time
specified in paragraph (b).
(4) Subsection (3) does not apply if VicRoads
30 considers it necessary to take immediate action in
the interests of public safety.
561012B.I-17/4/2007 32 BILL LA INTRODUCTION 17/4/2007
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Part 2--Requirements as to Tow Trucks
s. 33
(5) VicRoads must--
(a) give the holder of the licence--
(i) details of any action taken under
subsection (1); and
5 (ii) a statement of reasons for any action
taken under subsection (1); and
(iii) if the licence is suspended, the period
of the suspension; and
(b) notify the holder of the licence that the
10 person has a right to seek review of
VicRoads' decision under Division 11.
(6) VicRoads must give the details, the statement of
reasons and notice under subsection (5) in writing.
33 Effect of cancellation or suspension of accreditation
15 of licence holder
(1) If the towing operator accreditation of the holder
of a tow truck licence is cancelled, on the
cancellation of that accreditation, the tow truck
licence is to be taken to be cancelled.
20 (2) Subsection (1) does not apply if, not more than
60 days after the cancellation of the accreditation,
and in accordance with this Part, the licence is
transferred to another person.
(3) If the towing operator accreditation of the holder
25 of a tow truck licence is suspended, on the
accreditation being suspended, the tow truck
licence is to be taken to be suspended for the
period of the suspension of the accreditation.
(4) If, not more than 60 days after the accreditation of
30 the holder of a tow truck licence is suspended, the
tow truck licence is transferred to another person,
subsection (3) ceases to apply to the licence on the
taking effect of the transfer.
561012B.I-17/4/2007 33 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 2--Requirements as to Tow Trucks
s. 34
34 Requirement to surrender licence certificate on
cancellation or suspension of towing operator
accreditation
The holder of a tow truck licence whose towing
5 operator accreditation is cancelled or suspended
must, within 7 days after the accreditation is
cancelled or suspended, surrender the licence
certificate to VicRoads.
Penalty: 20 penalty units.
10 Division 7--Permits to operate tow trucks in specific
circumstances
35 Temporary permits
(1) VicRoads may grant a permit to the holder of a
tow truck licence, authorising the tow truck
15 specified in the licence to be operated in a manner
not authorised by the licence or in a manner that is
contrary to the manner authorised by the licence.
(2) VicRoads may impose any conditions on the
permit that VicRoads thinks fit.
20 (3) A permit under this section remains in force for
the period determined by VicRoads and specified
in the permit.
(4) An application for a permit must be in the form
determined by and contain the information
25 required by VicRoads.
(5) The holder of a permit must comply with the
permit, including any conditions on the permit.
Penalty: In the case of a natural person,
30 penalty units;
30 In the case of body corporate,
150 penalty units.
561012B.I-17/4/2007 34 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 2--Requirements as to Tow Trucks
s. 36
(6) A person does not commit an offence under
Division 1 or section 26 if that person is operating
a tow truck in accordance with a temporary
permit.
5 36 Offence not to carry permit when driving
If a tow truck is being operated under a temporary
permit, the driver of the tow truck must carry the
permit in the tow truck.
Penalty: 20 penalty units.
10 37 Offence not to produce permit when asked
The driver of a tow truck that is being operated
under a temporary permit must produce the permit
if he or she is asked to do so by--
(a) an authorised officer; or
15 (b) a member of the force; or
(c) the owner or driver of an accident damaged
motor vehicle that is, or is about to be, towed
by the tow truck.
Penalty: 20 penalty units.
20 Division 8--Offences as to regular and heavy tow trucks
38 Offence not to take care in driving or operating tow
truck
(1) The driver of a tow truck, when towing an
accident damaged motor vehicle, must not--
25 (a) lose or damage the motor vehicle; or
(b) lose or damage anything in or on the motor
vehicle.
Penalty: 20 penalty units.
561012B.I-17/4/2007 35 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 2--Requirements as to Tow Trucks
s. 39
(2) In any proceedings for an offence against
subsection (1), it is a defence if the person
charged--
(a) complied with any Code of Practice
5 approved by the Minister under Part 7 that
applies to drivers of tow trucks when towing
accident damaged motor vehicles; and
(b) took all the precautions that were appropriate
in the circumstances.
10 (3) The holder of a tow truck licence must take all
reasonable steps to ensure that--
(a) any accident damaged motor vehicle that is
being towed by the tow truck specified in the
licence is not lost or damaged; and
15 (b) nothing in or on a motor vehicle is lost or
damaged.
Penalty: In the case of a natural person,
20 penalty units;
In the case of a body corporate,
20 100 penalty units.
39 Offence to leave tow truck standing for more than a
certain period
The driver of a tow truck must not leave the tow
truck standing at a road accident scene in a
25 manner that obstructs the road for any longer
period than is necessary to--
(a) get authorisation to tow an accident damaged
motor vehicle that is at the road accident
scene (where so required); and
30 (b) load the motor vehicle onto the tow truck.
Penalty: 20 penalty units.
561012B.I-17/4/2007 36 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 2--Requirements as to Tow Trucks
s. 40
40 Offence for persons to travel in accident damaged
motor vehicles
(1) The driver of a tow truck must not permit or allow
a person to travel in an accident damaged motor
5 vehicle that is being towed from a road accident
scene by the tow truck.
Penalty: 20 penalty units.
(2) Subsection (1) does not apply to an accident
damaged motor vehicle that is being towed if--
10 (a) the motor vehicle has a gross vehicle mass of
4 tonnes or more; and
(b) it is necessary for a person to steer or control
the motor vehicle to enable the motor vehicle
to be towed safely.
15 41 Certain persons may be ordered to leave restricted
road accident area
(1) A member of the force or an authorised officer
may direct a person referred to in subsection (2) to
leave a restricted road accident area if the member
20 or officer believes on reasonable grounds that the
person's presence is--
(a) causing an unwarranted obstruction to
traffic; or
(b) hindering efforts to attend to any injured
25 person or damaged property; or
(c) otherwise hindering or obstructing the
orderly towing of a motor vehicle from the
place where the road accident occurred.
(2) A direction under subsection (1) may be given
30 to--
(a) the holder of a tow truck licence;
(b) a tow truck driver;
561012B.I-17/4/2007 37 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 2--Requirements as to Tow Trucks
s. 42
(c) a person who carries out, or is engaged in the
business of carrying out, repair work on
accident damaged motor vehicles;
(d) a person acting on behalf of a person referred
5 to in paragraph (a), (b) or (c).
(3) A person must not, without reasonable excuse, fail
to comply with a direction given to him or her
under subsection (1).
Penalty: 20 penalty units.
10 (4) Subsection (1) is in addition to any other powers
of a member of the force under any Act or at
common law for or with respect to maintaining
public order.
(5) In this section restricted road accident area
15 means an area within a 500 metre radius of a place
where an accident damaged motor vehicle has
come to rest after the road accident in which the
motor vehicle was damaged.
Division 9--Operation of tow trucks in controlled areas
20 42 Offence for regular tow trucks to attend road
accident scenes in controlled areas without
allocation
(1) The holder of a regular tow truck licence must not
cause the tow truck operating under that licence--
25 (a) to attend a road accident scene in a
controlled area; or
(b) to be used to tow, or attempt to tow, an
accident damaged motor vehicle from a road
accident scene in a controlled area--
30 unless the allocation body for that area has
authorised that the tow truck operating under the
licence so attend or be so used, and the allocation
561012B.I-17/4/2007 38 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 2--Requirements as to Tow Trucks
s. 42
body has given a job number for that authorisation
to the holder of the licence.
Penalty: 100 penalty units.
(2) The driver of a regular tow truck must not--
5 (a) attend a road accident scene in a controlled
area; or
(b) use the tow truck to tow, or attempt to tow an
accident damaged motor vehicle from a road
accident scene in a controlled area--
10 unless the allocation body for that area has
authorised that the tow truck so attend or be so
used, and the allocation body has given a job
number for that authorisation to the holder of the
licence for the tow truck.
15 Penalty: 50 penalty units.
(3) Subsections (1) and (2) do not apply to any
attendance at a road accident scene, or any towing
of, or attempt to tow, an accident damaged motor
vehicle from a road accident scene by a regular
20 tow truck--
(a) if the road accident scene is on a designated
road; and
(b) if--
(i) in the case of a road accident scene that
25 is on the Link road or Extension road,
the tow truck driver is authorised by the
relevant corporation (within the
meaning of the Melbourne City Link
Act 1995) to attend road accident
30 scenes on that road; or
561012B.I-17/4/2007 39 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 2--Requirements as to Tow Trucks
s. 43
(ii) in the case of a road accident scene that
is on EastLink, the tow truck driver is
authorised by the Freeway Corporation
within the meaning of the EastLink
5 Project Act 2004, to attend road
accident scenes on that road; or
(iii) in the case of a road accident scene that
is on a designated road (within the
meaning of paragraph (d) or (e) of the
10 definition of designated road), the tow
truck driver is authorised under
section 119A of the Road
Management Act 2004 to attend
accident scenes on that road; and
15 (c) if in a case in which the tow truck driver
tows an accident damaged motor vehicle
from the road accident scene, the tow truck
driver tows the motor vehicle to a safe and
convenient place near the road or a place
20 approved by VicRoads.
43 Salvage exemption
Section 42 does not apply to a tow truck that is
being driven or operated for the purpose of
salvaging an accident damaged motor vehicle if--
25 (a) the attendance of the tow truck is necessary
for the salvage of the motor vehicle; and
(b) the tow truck does not tow any accident
damaged motor vehicle from the road
accident scene at which the salvaging is
30 taking place.
561012B.I-17/4/2007 40 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 2--Requirements as to Tow Trucks
s. 44
44 Prohibition on towing of vehicles removed from
designated roads unless allocated
(1) If an accident damaged motor vehicle has been
damaged in a road accident on a designated road
5 and has been towed from the road accident scene
to a place in accordance with section 42(3), the
holder of a regular tow truck licence must not
cause a tow truck operating under that licence to
be used to tow, or attempt to tow, the vehicle from
10 that place, unless the allocation body for that area
has authorised that the tow truck operating under
the licence be so used, and the allocation body has
given a job number for that authorisation to the
holder of the licence.
15 Penalty: 100 penalty units.
(2) If an accident damaged motor vehicle has been
damaged in a road accident on a designated road
and has been towed from the road accident scene
to a place in accordance with section 42(3), the
20 driver of a regular tow truck must not use the tow
truck to tow, or attempt to tow, that vehicle from
that place unless the allocation body for that area
has authorised that the tow truck be so used, and
the allocation body has given a job number for
25 that authorisation to the holder of the licence for
that tow truck.
Penalty: 50 penalty units.
45 Further allocation offences
(1) The holder of a regular tow truck licence must not
30 cause more than one accident damaged motor
vehicle to be towed under a job number by the
tow truck specified in that licence.
Penalty: 100 penalty units.
561012B.I-17/4/2007 41 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 2--Requirements as to Tow Trucks
s. 46
(2) The driver of a regular tow truck must not tow
more than one accident damaged motor vehicle
under a job number.
Penalty: 50 penalty units.
5 46 Declaration of controlled areas
(1) VicRoads may, by notice, declare an area to be a
controlled area.
(2) A notice under subsection (1)--
(a) must be published in the Government
10 Gazette; and
(b) may apply, adopt or incorporate any matter
contained in any document formulated,
issued, prescribed or published by any
person whether--
15 (i) wholly or partly or as amended by the
notice; or
(ii) as formulated, issued, prescribed or
published at the time the order is made
or at any time before then.
20 47 Appointment of allocation body
(1) VicRoads may, by notice, appoint a person or
body to be the allocation body for a controlled
area.
(2) An appointment under this section remains in
25 force for the period specified by VicRoads in the
appointment.
(3) A notice under this section must be published in
the Government Gazette.
561012B.I-17/4/2007 42 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 2--Requirements as to Tow Trucks
s. 48
48 Creation of allocation roster entitlements
Each regular tow truck licence issued under this
Part entitles the holder of the licence to one
entitlement to a place on the road accident scene
5 roster for a controlled area, if the licence has a
specified depot in that area.
49 Circumstances in which roster entitlements can be
applied to another licence
Despite sections 48 and 50, if the holder of a
10 Melbourne licence is exempted from the
requirement that a tow truck be specified for the
licence, the holder may apply the entitlement of
that licence to any other Melbourne licence held
by that person.
15 50 Nature of allocation roster entitlement
(1) An allocation roster entitlement is not capable of
being transferred to another person or to another
regular tow truck licence.
(2) On the cancellation of a regular tow truck licence,
20 any entitlements that apply in respect of the
licence are extinguished (including any
entitlements that were created before this section
came into operation).
Division 10--Self-management areas
25 51 Licence holder offences as to road accident scenes in
self-management areas
(1) The holder of a regular tow truck licence must not
cause a tow truck operating under that licence--
(a) to attend a road accident scene in a self-
30 management area; or
561012B.I-17/4/2007 43 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 2--Requirements as to Tow Trucks
s. 52
(b) to tow, or attempt to tow, an accident
damaged motor vehicle from a road accident
scene in a self-management area--
unless the specified depot for the licence is in the
5 self-management area.
Penalty: 50 penalty units.
(2) The holder of a regular tow truck licence, who
operates the tow truck under the licence from a
depot in a self-management area, must not cause
10 the tow truck--
(a) to attend a road accident scene that is not in a
self-management area; or
(b) to tow, or attempt to tow, an accident
damaged motor vehicle from a road accident
15 scene that is not in a self-management area--
unless the holder of the licence is authorised to do
so under this Act.
Penalty: 100 penalty units.
52 Self-management areas
20 (1) VicRoads may, in writing, declare an area to be a
self-management area and must specify, in the
declaration, the terms and conditions on which the
self-management area is to be managed.
(2) A self-management area must not include any area
25 that is in a controlled area.
(3) VicRoads may, by declaration, amend or revoke a
declaration made under subsection (1) at any time.
(4) A declaration under this section must be published
in the Government Gazette.
561012B.I-17/4/2007 44 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 2--Requirements as to Tow Trucks
s. 53
Division 11--VCAT review
53 Review of decision by VCAT
(1) An applicant for a tow truck licence or the holder
of a tow truck licence may apply to VCAT for
5 review of a decision to which this section applies,
if that person's interests are affected by the
decision.
(2) This section applies to a decision under this
Part--
10 (a) on an application for a tow truck licence, to
issue or refuse to issue the tow truck licence;
or
(b) to impose a condition on a tow truck licence;
or
15 (c) to vary or revoke a condition on a tow truck
licence; or
(d) to refuse to exempt the holder of a
Melbourne licence from the requirement that
a tow truck be specified in respect of the
20 licence; or
(e) to refuse to alter the specification of a tow
truck in a licence by substituting another tow
truck; or
(f) to refuse to approve the transfer of a tow
25 truck licence to another person; or
(g) to cancel or suspend a tow truck licence; or
(h) to refuse to grant a temporary permit; or
(i) to impose conditions on a temporary permit.
(3) In reviewing a decision specified in subsection
30 (2)(a), VCAT must not make a decision that is
inconsistent with any authorisation of the Minister
under Division 3.
561012B.I-17/4/2007 45 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 2--Requirements as to Tow Trucks
s. 54
54 Time period for making application to VCAT
An application for review under section 53 must
be made within 28 days of the later of--
(a) the day on which the decision is made; or
5 (b) if, under the Victorian Civil and
Administrative Tribunal Act 1998, the
person requests a statement of reasons for the
decision, the day on which the statement of
reasons is given to the person or the person is
10 informed under section 46(5) of that Act that
a statement of reasons will not be given.
__________________
561012B.I-17/4/2007 46 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 3--Industry Accreditation
s. 55
PART 3--INDUSTRY ACCREDITATION
Division 1--Objective and requirement for accreditation
55 Industry accreditation objective
The industry accreditation objective is the
5 objective that--
(a) accident towing services are provided safely,
reliably and efficiently; and
(b) the persons providing such services--
(i) are of appropriate character; and
10 (ii) when providing the services, act with
integrity and in a manner that is safe,
timely, efficient and law abiding.
56 Offence to operate or manage accident towing
service business without accreditation
15 (1) A person must not carry on an accident towing
service business unless the person holds a towing
operator accreditation.
Penalty: In the case of a natural person,
60 penalty units;
20 In the case of a body corporate,
300 penalty units.
(2) A person must not manage an accident towing
service business from a depot unless the person
holds a towing depot manager accreditation.
25 Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
300 penalty units.
(3) Subsection (2) does not apply to a person who
30 holds a towing operator accreditation.
561012B.I-17/4/2007 47 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 3--Industry Accreditation
s. 57
(4) A person must not falsely represent that the
person is accredited under this Part or holds an
accreditation under this Part of a specified kind.
Penalty: In the case of a natural person,
5 60 penalty units;
In the case of a body corporate,
300 penalty units.
57 VicRoads to accredit persons to carry on or manage
accident towing services business
10 (1) VicRoads may accredit a person to carry on an
accident towing service business.
(2) VicRoads may accredit a person to manage an
accident towing service business from a depot.
58 How long accreditation remains in force
15 (1) An accreditation under this Part remains in force
until--
(a) it is cancelled or surrendered; or
(b) the expiry of the period determined by
VicRoads, which must not be more than
20 5 years--
whichever is the sooner.
(2) The period determined by VicRoads under
subsection (1)(b) must be specified in the
certificate of accreditation.
25 Division 2--Application for accreditation
59 Applications for tow truck operating accreditations
(1) A person may apply to VicRoads for the grant or
renewal of a towing operator accreditation.
(2) A person may apply to VicRoads for the grant or
30 renewal of a towing depot manager accreditation.
561012B.I-17/4/2007 48 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 3--Industry Accreditation
s. 60
(3) Despite subsections (1) and (2), an unincorporated
body or association, including a partnership, is not
capable of applying for, or holding, accreditation
under this Part.
5 60 Making of application
(1) An application under section 59 must--
(a) be made in the manner and form determined
by VicRoads; and
(b) include the name and address of the
10 applicant; and
(c) be accompanied by--
(i) the fee (if any) for the application
determined in accordance with
section 213; and
15 (ii) evidence, if required by regulations
made under this Act, that each relevant
person in relation to the applicant
satisfies the requirements for the
accreditation applied for; and
20 (iii) any other thing determined to be
required by VicRoads that has been
approved by the Minister and published
in the Government Gazette; and
(d) in the case of an application by a
25 corporation, include the nomination of a
nominated person under section 64.
(2) For the purposes of subsection (1), any
information or thing that VicRoads requires to
accompany an application or to be included in the
30 application must be limited to any information or
thing that VicRoads reasonably requires in order
to assess the application.
561012B.I-17/4/2007 49 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 3--Industry Accreditation
s. 61
61 VicRoads may require further information etc.
(1) VicRoads may require an applicant to--
(a) supply any further information or thing as
specified by VicRoads that VicRoads
5 reasonably requires in order to assess the
application;
(b) verify, in the manner and form determined
by VicRoads, the information or thing
supplied for the purpose of the application;
10 (c) sign the application.
(2) For the purposes of subsection (1)(c), if the
applicant is a corporation, the application must be
signed in accordance with section 127 of the
Corporations Act.
15 62 Chief Commissioner of Police may supply
information to VicRoads
The Chief Commissioner of Police may, in
accordance with the processes agreed on with
VicRoads, notify VicRoads of any relevant
20 findings of guilt in relation to an applicant for
accreditation under this Part or any relevant
person in relation to an applicant for accreditation
under this Part.
63 Time within which VicRoads must deal with
25 application
(1) Subject to this section, VicRoads must decide
whether to approve or refuse an application for
accreditation under this Part within 90 days after
receiving the application.
30 (2) VicRoads may, before the expiry of the period
specified in subsection (1), decide to extend the
period within which it may decide whether to
approve or refuse an application.
561012B.I-17/4/2007 50 BILL LA INTRODUCTION 17/4/2007
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Part 3--Industry Accreditation
s. 64
(3) If VicRoads decides under subsection (2) to
extend the period within which it may decide
whether to approve or refuse an application,
VicRoads must notify the applicant in writing of
5 that decision and the new period within which
VicRoads intends to make its decision whether to
approve or refuse the application.
64 Nominated person
(1) A corporation that is an applicant for accreditation
10 under this Part must nominate in the application
for accreditation a qualified person who is
responsible for ensuring that the corporation
complies with its duties under this Act.
(2) If a nominated person ceases to be a nominated
15 person, the holder of accreditation under this Part
must, within 30 days after the person ceases to be
a nominated person--
(a) notify VicRoads that the person has ceased
to be a nominated person; and
20 (b) nominate another qualified person to be the
person responsible for ensuring that the
corporation complies with its duties under
this Act; and
(c) provide the nomination in writing to
25 VicRoads.
Penalty: 300 penalty units.
(3) VicRoads may communicate with and serve
notices on a person nominated under this section
in relation to--
30 (a) the application for accreditation under this
Part for which the person was nominated; or
(b) the accreditation under this Part for which
the person was nominated.
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Part 3--Industry Accreditation
s. 65
(4) Service on a nominated person by VicRoads is
taken to be service on the applicant for
accreditation or on the holder of accreditation
under this Part.
5 (5) In this section, qualified person, in relation to a
corporation that is an applicant for accreditation or
the holder of accreditation under this Part, means
a person who is an officer or employee of the
corporation primarily responsible for managing
10 the operation of the business of the corporation.
65 When VicRoads may approve an application for
accreditation
(1) VicRoads may approve an application for
accreditation under this Part, with or without
15 imposing conditions, if--
(a) the application has not been refused under
section 66, 67 or 68; and
(b) VicRoads is satisfied that--
(i) the applicant has complied with the
20 application requirements under this
Part; and
(ii) the applicant is suitable to be
accredited; and
(iii) the issuing of accreditation is
25 appropriate having regard to the
industry accreditation objective.
(2) To avoid doubt, in exercising a discretion to
approve or refuse an application for accreditation
under this Part, VicRoads may have regard to--
30 (a) the place where the applicant, the nominated
person or a relevant person in relation to the
applicant, resides or carries on business; and
561012B.I-17/4/2007 52 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 3--Industry Accreditation
s. 66
(b) in the case of an applicant that is a
corporation, whether the applicant is
registered under the Corporations Act and
where it has its principal place of business.
5 66 Mandatory refusal of accreditation
(1) VicRoads must refuse an application for
accreditation under this Part if VicRoads believes
on reasonable grounds that--
(a) subject to subsection (2), the applicant, a
10 nominated person or a relevant person in
relation to the applicant has been found
guilty of an offence listed in clause 1 of
Schedule 1; or
(b) the applicant is disqualified under section 70
15 or 81 from applying for the relevant
accreditation; or
Note
Section 87 provides that if VicRoads has refused an
application under paragraph (a) or (b) the applicant
20 may make an application to the original jurisdiction of
VCAT for an order that VicRoads grant or renew
accreditation under this Part.
(c) if the applicant is a natural person, the
applicant is insolvent under administration
25 within the meaning of the Corporations Act;
or
(d) if the applicant is a corporation--
(i) a receiver or receiver and manager,
within the meaning of the Corporations
30 Act, has been appointed in relation to
the applicant; or
(ii) the applicant has been placed in
administration under the Corporations
Act or under the law of any place
35 outside Australia; or
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Part 3--Industry Accreditation
s. 67
(iii) a court has made an order under the
Corporations Act for the winding up of
the applicant.
(2) Subsection (1)(a) does not apply to the renewal of
5 an accreditation under this Part if the offence
listed in clause 1 of Schedule 1, which the
applicant was found guilty of, was considered--
(a) in any previous application by the applicant
for accreditation or renewal under this Part;
10 or
(b) in any disciplinary proceedings under this
Part against the applicant.
67 Refusal of accreditation unless VicRoads satisfied it
is appropriate
15 VicRoads must refuse an application for
accreditation under this Part if it believes on
reasonable grounds that the applicant, or a
nominated person or a relevant person in relation
to the applicant, has been found guilty of an
20 offence listed in clause 2 of Schedule 1, unless
VicRoads is satisfied that the applicant has
demonstrated that the issue of the accreditation is
appropriate having regard to the industry
accreditation objective.
25 68 Discretionary refusal of accreditation
(1) VicRoads may refuse an application for
accreditation under this Part if it is aware that the
applicant, or a nominated person or a relevant
person in relation to the applicant--
30 (a) has been found guilty of an offence listed in
clause 3 of Schedule 1; or
(b) is subject to a charge for an offence listed in
Schedule 1 that has not been finally disposed
of at the time of considering the application.
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(2) VicRoads may refuse an application for
accreditation under this Part if it believes on
reasonable grounds that--
(a) the applicant has contravened a service
5 standard applicable to an accreditation held,
or previously held, by the applicant under
this Part; or
(b) the applicant has contravened a condition
imposed on an accreditation held, or
10 previously held, by the applicant under this
Part; or
(c) the nominated person or a relevant person in
relation to the applicant has contravened a
service standard applicable to, or a condition
15 imposed on, an accreditation held by or
previously held by the nominated person or
the relevant person under this Part; or
(d) the applicant, the nominated person or a
relevant person in relation to the applicant
20 has contravened a provision of this Act.
(3) VicRoads may refuse an application for
accreditation referred to it by VCAT under
section 87(2)(a)(ii) if VicRoads is not satisfied as
to the matters set out in section 65(1)(b).
25 (4) In exercising a discretion under this section in
relation to an offence, VicRoads must have regard
to--
(a) the nature and gravity of the offence or
alleged offence and its relevance to the
30 activities in respect of which accreditation is
sought; and
(b) the period of time since the offence or
alleged offence was committed or was
alleged to have been committed; and
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(c) if there has been a finding of guilt or a
conviction, whether the finding of guilt or
the conviction was recorded; and
(d) if there has been a finding of guilt or a
5 conviction, the sentence (if any) imposed for
the offence; and
(e) the age of the applicant or nominated person
or relevant person when the offence or
alleged offence was committed or was
10 alleged to have been committed; and
(f) if there has been a finding of guilt or a
conviction, whether or not the conduct that
constituted the offence has been
decriminalised since the offence was
15 committed; and
(g) the behaviour of the applicant or nominated
person or relevant person since committing
the offence or since the offence was alleged
to have been committed; and
20 (h) the likelihood of the applicant or nominated
person or relevant person committing an
offence in the future, in particular, any future
threat to persons involved in accidents or the
owners of accident damaged motor vehicles;
25 and
(i) any information given by the applicant,
nominated person or relevant person; and
(j) any other matter that VicRoads considers
relevant.
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69 Notification and reasons to be given if accreditation
refused
(1) If an application for accreditation is refused under
section 66(1)(a) or 66(1)(b), VicRoads must notify
5 the applicant for accreditation under this Part--
(a) of the decision; and
(b) that the applicant has a right to apply to
VCAT under section 87.
(2) If an application for accreditation is refused under
10 section 66(1)(c) or 66(1)(d), VicRoads must notify
the applicant for accreditation under this Part of
the decision.
(3) If VicRoads decides to refuse to accredit an
applicant for accreditation under section 67 or 68,
15 VicRoads must--
(a) notify the applicant--
(i) of the decision; and
(ii) that the applicant has a right to seek
review of the decision under section 88;
20 and
(b) give the applicant a statement of reasons for
the decision.
(4) A notification and a statement of reasons under
this section must be--
25 (a) made in writing; and
(b) given to the applicant as soon as practicable
after the application is refused.
70 Disqualification for applying for accreditation
(1) If an application for accreditation is refused under
30 this Part, VicRoads may, having regard to the
industry accreditation objective, determine that
the applicant is disqualified from applying for
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accreditation under this Part for the period
determined by VicRoads.
(2) The period determined by VicRoads under
subsection (1) must not exceed 5 years.
5 (3) In making a determination under subsection (1), if
the applicant has been found guilty of an offence
listed in Schedule 1, VicRoads must have regard
to the circumstances set out in section 68(4).
(4) If VicRoads disqualifies an applicant under
10 subsection (1) VicRoads must, as soon as
reasonably practicable--
(a) notify the applicant for accreditation under
this Part in writing; and
(b) set out in the notice--
15 (i) the period of disqualification; and
(ii) VicRoads' reasons for disqualifying the
applicant for that period.
Note
A person who has been disqualified under this Part may
20 apply to VCAT for review of this decision: see section 88.
71 Disqualification ceases if there has been a relevant
change of circumstances
(1) If there has been a relevant change of
circumstances in relation to a person who has
25 been disqualified from applying for accreditation
under this Part, that person may apply in writing
to VicRoads for a declaration that the
disqualification ceases to have effect.
Note
30 This applies to any disqualification made by VicRoads
under this Part: see sections 70 and 81.
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(2) If an application is made to VicRoads under
subsection (1) and VicRoads is satisfied that there
has been a relevant change of circumstances in
relation to the applicant, VicRoads must declare
5 that the disqualification in relation to the applicant
ceases to have effect.
(3) In this section a relevant change of
circumstances includes where--
(a) a finding of guilt of the person is quashed or
10 set aside by a court after the date of the
disqualification; or
(b) a finding on which the decision to disqualify
the person was based is quashed or set aside
after the date of the disqualification.
15 Division 3--Accreditation conditions and service standards
72 Conditions on accreditation
(1) In accrediting an applicant under this Part,
VicRoads may limit the accreditation in any way
it thinks appropriate, taking into account the
20 industry accreditation objective, including--
(a) imposing conditions on the accreditation that
are not inconsistent with any condition
applicable under subsection (2); or
(b) restricting the accreditation.
25 Example
VicRoads may, in the case of a towing operator
accreditation, restrict the accreditation to the
operation of tow trucks in a particular geographical
area.
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(2) An accreditation under this Part is subject to any
condition set out in regulations made under this
Act that applies to the accreditation.
73 VicRoads may vary, revoke or impose new
5 conditions
(1) VicRoads may at any time on its own initiative or
on the written application of the holder of the
accreditation under this Part--
(a) vary or revoke a condition imposed by
10 VicRoads on an accreditation under this Part;
or
(b) impose a new condition on an accreditation
under this Part.
(2) If VicRoads decides on its own initiative to take
15 action under subsection (1), VicRoads must--
(a) give the holder of the accreditation under this
Part written notice of the action that
VicRoads is considering taking; and
(b) allow the holder of the accreditation under
20 this Part to make written representations
about the intended action within 10 business
days of receiving the notice (or any other
period that VicRoads and the accredited
person agree on); and
25 (c) consider any submission that was made by
the holder of the accreditation within the
period set out in paragraph (b).
(3) Subsection (2) does not apply if VicRoads
considers it necessary to take immediate action in
30 the interests of public safety.
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(4) VicRoads must, in writing--
(a) give to the holder of the accreditation under
this Part--
(i) details of any action taken under
5 subsection (1); and
(ii) a statement of reasons for any action
taken under subsection (1); and
(b) notify the holder of the accreditation under
this Part that the person has a right to seek
10 review of VicRoads' decision under
section 88.
74 Offence to fail to comply with conditions
The holder of an accreditation under this Part
must comply with any conditions imposed on the
15 accreditation under this Part.
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
300 penalty units.
20 75 Service standards
(1) The Minister may, by notice published in the
Government Gazette, determine minimum service
standards to be met by all holders of accreditation
under this Part or by a specified class, or specified
25 classes, of accredited person or persons under this
Part.
(2) Standards may be determined under this section in
relation to--
(a) in the case of the holder of a towing operator
30 accreditation--
(i) complaint handling processes;
(ii) the provision of information in relation
to complaints to VicRoads;
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(b) in the case of the holder of a towing depot
manager accreditation--
(i) managing the processing of complaints
on behalf of the relevant towing
5 operator;
(ii) managing the provision of information
in relation to complaints to VicRoads.
(3) Before determining standards under subsection (1)
the Minister must--
10 (a) cause a notice in accordance with subsection
(4) to be published in respect of the proposed
standards in the Government Gazette; and
(b) provide an exposure draft of the proposed
standards to representatives of the accident
15 towing industry and the Minister
administering the Fair Trading Act 1999;
and
(c) consider all comments and submissions
received in response to the notice within the
20 period specified in the notice.
(4) A notice must--
(a) state the reason for, and the objectives of, the
proposed standards; and
(b) specify where a copy of the proposed
25 standards can be obtained; and
(c) invite public comments or submissions
within such time (being not less than 28 days
from the publication of the notice) as is
specified in the notice.
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Division 4--Certificates of accreditation
76 Issue of certificate of accreditation
(1) On accrediting an applicant under this Part
VicRoads must allocate an accreditation number
5 to the accredited person and issue a certificate of
accreditation that--
(a) is in the form approved by VicRoads; and
(b) sets out--
(i) the accreditation number allocated to
10 the accredited person; and
(ii) the name of the holder of the
accreditation; and
(iii) the address of the holder of the
accreditation; and
15 (iv) the kind of accreditation; and
(v) any conditions to which the
accreditation is subject; and
(vi) the date of expiry of the accreditation;
and
20 (vii) any additional information that
VicRoads considers appropriate.
(2) On accrediting an applicant under this Part
VicRoads must also give the accredited person a
copy of the service standards applicable to the
25 accreditation.
(3) VicRoads may, on the application of the
accredited person accompanied by the fee (if any)
determined by VicRoads under section 213, issue
a replacement certificate of accreditation if
30 VicRoads is satisfied (whether on the production
of a statutory declaration or otherwise) that the
certificate last issued to the accredited person has
been lost, stolen or destroyed.
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(4) A person who has made an application under
subsection (3) on the ground that a certificate has
been lost or stolen and who subsequently recovers
the lost or stolen certificate must, within 14 days
5 after the day on which the certificate is
recovered--
(a) notify VicRoads of the recovery; and
(b) return the recovered certificate to VicRoads
unless informed by VicRoads that it is not
10 necessary to do so.
Penalty: 20 penalty units.
77 Offence not to notify of change of address and
return certificate
If the holder of an accreditation under this Part
15 changes address, the holder must, within 7 days of
changing address--
(a) notify VicRoads of the change to the holder's
address; and
(b) return the certificate of accreditation to
20 VicRoads and apply to VicRoads to amend
the certificate to reflect the change of address
or to issue a replacement certificate.
Penalty: 20 penalty units.
78 Offence to retain illegible certificate
25 If the certificate of accreditation of the holder of
an accreditation under this Part becomes illegible
or is altered or defaced, the holder must return the
certificate to VicRoads and apply for the issue of a
replacement certificate within 7 days of becoming
30 aware that the certificate has become illegible or
has been altered or defaced.
Penalty: 20 penalty units.
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Division 5--Disciplinary action
79 When VicRoads must cancel accreditation
If VicRoads becomes aware that the holder of an
accreditation under this Part or a nominated
5 person or relevant person in relation to the holder
of accreditation has been found guilty of an
offence listed in clause 1 of Schedule 1, VicRoads
must cancel the accreditation.
Note
10 A person whose accreditation has been cancelled under this
section may apply to VCAT under section 87.
80 When VicRoads may take disciplinary action
(1) VicRoads may take disciplinary action against an
accredited person in respect of an accreditation
15 held by that person under this Part if satisfied--
(a) that the accredited person or the nominated
person or a relevant person in relation to the
accredited person has contravened a
provision of this Act or regulations made
20 under this Act; or
(b) that the accredited person has contravened--
(i) a condition of the accredited person's
accreditation; or
(ii) a service standard applicable to the
25 accredited person's accreditation; or
(c) that the accredited person or the nominated
person or a relevant person in relation to the
accredited person has committed an offence
listed in clause 2 or 3 of Schedule 1; or
30 (d) that the accredited person or the nominated
person or a relevant person in relation to the
accredited person has contravened a
condition of any tow truck licence held by
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the accredited person, the nominated person
or the relevant person; or
(e) that the action is appropriate having regard to
the industry accreditation objective.
5 (2) If a matter has been referred to VicRoads from
VCAT under section 87(2)(b)(ii), VicRoads may
take disciplinary action against the accredited
person in respect of an accreditation held by that
person under this Part.
10 81 Disciplinary action that may be taken in relation to
accreditations
(1) If VicRoads decides under section 80 to take
disciplinary action against an accredited person in
respect of an accreditation held by that person
15 under this Part, VicRoads may take one or more
of the following actions (disciplinary action)--
(a) cancel the accreditation and disqualify the
holder from applying for an accreditation
under this Part for a period not exceeding
20 5 years;
(b) suspend the accreditation for a period not
exceeding one year;
(c) if the accreditation is already suspended--
(i) cancel the accreditation and disqualify
25 the holder from applying for an
accreditation under this Part for a
period not exceeding 5 years; or
(ii) suspend the accreditation for an
additional period not exceeding one
30 year;
(d) impose a new condition on, or vary a
condition on, the accreditation;
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(e) direct the person or a relevant person in
relation to the person, to undertake particular
training;
(f) warn the holder of the accreditation that
5 more serious action may be taken in the
future if the holder repeats the behaviour;
(g) reprimand the holder of the accreditation.
(2) If an accredited person holds more than one kind
of accreditation under this Part, VicRoads may
10 take action in relation to any one or more of the
accreditations.
82 Procedure for taking disciplinary action
(1) If VicRoads is considering taking disciplinary
action against a person under section 80,
15 VicRoads must serve on that person a notice
(a disciplinary notice) that--
(a) states the action being considered by
VicRoads (including any possible period of
suspension or disqualification from applying
20 for accreditation under this Part); and
(b) if the accredited person holds more than one
kind of accreditation under this Part, states
the accreditation or accreditations to which
the possible action would relate; and
25 (c) states the grounds as to why VicRoads is
considering taking action; and
(d) invites the person to make a written
submission within a stated period as to why
such action should not be taken.
30 (2) For the purposes of subsection (1)(d), the period
stated in the disciplinary notice must be a period
of at least 28 days after the day on which the
disciplinary notice is served on the accredited
person.
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(3) If the person that VicRoads is considering taking
disciplinary action against provides a written
submission to VicRoads within the period stated
in the disciplinary notice, VicRoads must consider
5 the written submission before making any
decision to take disciplinary action against that
person.
83 Notice of disciplinary action
VicRoads must, as soon as practicable, serve
10 written notice on the person accredited under this
Part of any decision to take, or not to take,
disciplinary action and, if the decision is to take
disciplinary action, of--
(a) the disciplinary action being taken; and
15 (b) the date, which must not be earlier than
7 days after the day on which the notice
under this section is served, on which any
disciplinary action takes effect.
84 Immediate suspension of accreditation
20 (1) Despite section 82, VicRoads may suspend an
accreditation under this Part without serving a
disciplinary notice if VicRoads believes on
reasonable grounds that it is in the public interest
having regard to the industry accreditation
25 objective, that the accreditation held by the person
be suspended before a decision is made to take
disciplinary action in relation to the person.
(2) If VicRoads has decided to suspend an
accreditation under subsection (1), VicRoads must
30 serve on the person a notice (an immediate
suspension notice) suspending the accreditation.
(3) An immediate suspension notice must set out the
reasons for the suspension.
(4) A suspension under this section has effect on the
35 service of the immediate suspension notice.
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(5) If accreditation under this Part has been suspended
under subsection (1), the suspension ceases to
have effect--
(a) if a decision is made to take disciplinary
5 action under section 80, on the coming into
effect of the disciplinary action; or
(b) if VicRoads reinstates the accreditation, on
the date of the re-instatement; or
(c) if--
10 (i) a disciplinary notice has not been
served on the person; and
(ii) the accreditation of the person has not
been reinstated--
within 14 days of service of the immediate
15 suspension notice, on the day immediately
following the expiry of that period.
85 Effect of suspension of accreditation
During the period of a suspension of accreditation
under this Part, the person who is the subject of
20 the suspension is taken--
(a) not to hold an accreditation of the kind that
has been suspended; and
(b) to be disqualified from applying for an
accreditation under this Part.
25 86 Return of certificate of accreditation
(1) The holder of a cancelled or suspended
accreditation under this Part must, no later than
7 days after the cancellation or suspension takes
effect--
30 (a) return the certificate of accreditation to
VicRoads; or
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(b) if the certificate has been lost, stolen or
destroyed, give VicRoads a statement,
verified by a statutory declaration signed by
or on behalf of the holder, that the certificate
5 has been lost, stolen or destroyed.
Penalty: 20 penalty units.
(2) If a person's accreditation under this Part is
suspended and the period of accreditation has not
expired when the suspension ends, VicRoads must
10 return the certificate of accreditation to the person
once the suspension ends.
Division 6--VCAT review and jurisdiction
87 Original jurisdiction of VCAT in relation to
mandatory refusal or cancellation
15 (1) A person--
(a) whose application for accreditation under
section 59 is refused on a ground set out in
section 66(1)(a) or 66(1)(b); or
(b) whose accreditation is cancelled under
20 section 79--
may apply to VCAT for an order under
subsection (2).
(2) On an application under subsection (1) VCAT
may--
25 (a) in the case of an application under
subsection (1)(a)--
(i) direct VicRoads to accredit the
applicant; or
(ii) refer the matter to VicRoads to consider
30 whether the application for
accreditation should be approved
despite section 66(1)(a) or 66(1)(b); or
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(b) in the case of an application under
subsection (1)(b)--
(i) direct VicRoads to reinstate the
accreditation of the applicant; or
5 (ii) refer the matter to VicRoads to consider
whether disciplinary action should be
taken against the applicant under
section 80; or
(c) in any case, dismiss the application.
10 (3) VCAT must not make an order directing
VicRoads to accredit an applicant under
subsection (2)(a)(i) unless VCAT is satisfied
that--
(a) the issuing of accreditation is appropriate
15 having regard to the industry accreditation
objective; and
(b) the applicant is suitable to be accredited; and
(c) the applicant has complied with the
application requirements under this Part.
20 (4) VCAT must not make an order directing
VicRoads to reinstate the accreditation of the
applicant under subsection (2)(b)(i) unless VCAT
is satisfied that--
(a) accreditation is appropriate having regard to
25 the industry accreditation objective; and
(b) the applicant is suitable to be accredited.
(5) In making an order under subsection (2) in a
matter involving an offence listed in clause 1 of
Schedule 1 VCAT may have regard to--
30 (a) any matter referred to in section 68(4)(a) to
68(4)(i); and
(b) any other matter that VCAT considers
relevant.
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88 Review of decision by VCAT
(1) Subject to subsection (2), a person affected by a
decision of VicRoads under this Part--
(a) to refuse an application under this Part to
5 grant or renew accreditation; or
(b) to impose a condition on an accreditation
under this Part; or
(c) to vary or revoke a condition on an
accreditation under this Part; or
10 (d) to suspend or cancel an accreditation under
this Part; or
(e) to disqualify the person from applying for
accreditation under this Part--
may apply to VCAT for review of that decision.
15 (2) Subsection (1) does not apply to a decision made
by VicRoads under section 66 or 79.
89 Time period for making application to VCAT
(1) An application under section 87(1) must be made
within 28 days after the day on which the decision
20 of VicRoads is made.
(2) An application for review under section 88(1)
must be made within 28 days after the later of--
(a) the day on which the decision of VicRoads is
made; or
25 (b) if, under the Victorian Civil and
Administrative Tribunal Act 1998, the
person requests a statement of reasons for the
decision, the day on which the statement of
reasons is given to the person or the person is
30 informed under section 46(5) of that Act that
a statement of reasons will not be given.
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Division 7--Miscellaneous
90 Accredited person to keep records
(1) A person who holds a towing operator
accreditation must--
5 (a) record and maintain all information relating
to complaints made in relation to the holder
of the accreditation; and
(b) if requested by VicRoads, provide
information to VicRoads about complaints
10 that the holder of the accreditation is aware
of that have been made in relation to the
holder of the accreditation.
Penalty: In the case of a natural person,
30 penalty units;
15 In the case of a body corporate,
150 penalty units.
(2) A person who holds a towing depot manager
accreditation must, in relation to the accident
towing service business carried on at the depot--
20 (a) manage the record-keeping and maintenance
of all information relating to complaints
made in relation to the business; and
(b) if requested by VicRoads, provide
information to VicRoads in relation to
25 complaints made in relation to the business.
Penalty: In the case of a natural person,
30 penalty units;
In the case of a body corporate,
150 penalty units.
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91 Accreditation cannot be transferred
(1) An accreditation under this Part--
(a) is personal to the person who holds it; and
(b) is not capable of being transferred or
5 assigned to any other person or of being
otherwise dealt with by the person who holds
it; and
(c) does not vest by operation of law in any
other person.
10 (2) A purported transfer, assignment or lease of an
accreditation and any other purported dealing with
an accreditation by the person who holds it is of
no effect.
(3) The holder of an accreditation must not purport to
15 transfer or assign the accreditation to any other
person or otherwise purport to deal with it.
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
20 300 penalty units.
(4) This section does not apply to the surrender of an
accreditation in accordance with this Part.
92 Holder of accreditation and Chief Commissioner of
Police to notify VicRoads of finding of guilt
25 (1) If the holder of an accreditation under this Part or
a nominated person or a relevant person in
relation to the accredited person is found guilty of
an offence listed in clause 1 or 2 of Schedule 1,
the holder must notify VicRoads of the finding of
30 guilt within 7 days of the holder being found
guilty or of becoming aware that the nominated
person or relevant person has been found guilty.
Penalty: 60 penalty units.
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(2) If the holder of accreditation under this Part or a
nominated person or a relevant person in relation
to the accredited person is charged with an
offence listed in clause 1 or 2 of Schedule 1, the
5 holder must notify VicRoads of the charge within
7 days of the holder being so charged or of
becoming aware that the nominated person or
relevant person has been so charged.
Penalty: 60 penalty units.
10 (3) Subsections (1) and (2) do not require a person to
give to VicRoads any details that have already
been provided to VicRoads by the person.
(4) The Chief Commissioner of Police may, in
accordance with processes agreed on with
15 VicRoads, notify VicRoads of any relevant
findings of guilt in relation to an accredited person
and of any relevant findings of guilt in relation to
any nominated person and any relevant person in
relation to the accredited person.
20 93 Offence not to notify of suspension or cancellation of
accreditation
If the holder of an accreditation under this Part
employs or engages any person to drive a licensed
tow truck, the holder of the accreditation must
25 notify the driver of any suspension or cancellation
of the holder's accreditation under this Part within
7 days of receiving notice of the suspension or
cancellation.
Penalty: In the case of a natural person,
30 60 penalty units;
In the case of a body corporate,
300 penalty units.
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Part 3--Industry Accreditation
s. 94
94 Surrender of accreditation
(1) An accredited person under this Part, other than a
person whose accreditation has been suspended,
may apply in writing to VicRoads for consent to
5 the surrender of the accreditation.
(2) An application under subsection (1) must be
accompanied by the certificate of accreditation
unless--
(a) the certificate has already been returned to
10 VicRoads; or
(b) the certificate has been lost, stolen or
destroyed.
(3) If subsection (2)(b) applies, the application must
be accompanied by a statement, verified by a
15 statutory declaration signed by or on behalf of the
accredited person, that the certificate has been
lost, stolen or destroyed.
95 Consent to surrender
(1) If an application is made under section 94,
20 VicRoads must consent to the surrender unless
VicRoads is taking, or proposing to take, action to
cancel or suspend the accreditation.
(2) VicRoads may impose any condition on the
consent to surrender that VicRoads considers
25 reasonably necessary to protect the interests of a
third party.
(3) If VicRoads consents to the surrender of an
accreditation under subsection (1) and imposes a
condition on the consent, the person to whom the
30 condition applies must comply with the condition.
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
300 penalty units.
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Part 3--Industry Accreditation
s. 96
96 Information disclosure by VicRoads
(1) VicRoads may, if it considers it necessary for the
provision of safe accident towing services,
disclose to any other person information obtained
5 or collected by VicRoads in the performance or
exercise of its functions or powers under this Part.
(2) VicRoads may, if it considers it desirable for the
provision of safe tow truck services, publish any
information referred to in subsection (1).
10 (3) A publication under subsection (2) must not
identify any person.
__________________
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Part 4--Driver Accreditation
s. 97
PART 4--DRIVER ACCREDITATION
Division 1--Objective and requirement for accreditation
97 Driver accreditation objective
The driver accreditation objective is the objective
5 that drivers of tow trucks--
(a) provide safe and convenient services to
persons using the tow trucks and other
persons, particularly persons involved in
road accidents; and
10 (b) are technically competent to drive the
relevant tow truck and provide the relevant
services; and
(c) are of appropriate character; and
(d) when providing the services, act with
15 integrity and in a manner that is safe, timely,
efficient, responsible and law abiding.
98 Offence to drive licensed tow truck or tow truck
providing accident towing services without
accreditation
20 (1) A person must not drive or accompany the driver
of a licensed tow truck or a tow truck that is being
driven for the purpose of providing accident
towing services unless the person holds a tow
truck driver accreditation.
25 Penalty: 60 penalty units.
(2) The holder of a tow truck driver accreditation
must not allow a person to--
(a) drive a licensed tow truck or a tow truck that
is being driven for the purpose of providing
30 accident towing services and that is a tow
truck that is apparently under the care and
control of the holder of the accreditation; or
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Part 4--Driver Accreditation
s. 98
(b) accompany the holder when he or she is
driving a licensed tow truck, or a tow truck
that is being driven for the purpose of
providing accident towing services--
5 unless that person holds a tow truck driver
accreditation.
Penalty: 60 penalty units.
(3) Subsections (1) and (2) do not apply to--
(a) a person who was the driver of, or a
10 passenger in, an accident damaged motor
vehicle at the time of the road accident,
who--
(i) accompanies the driver of the tow truck
that is towing the accident damaged
15 motor vehicle from the road accident
scene; and
(ii) if required, accompanies the driver of
the tow truck after the accident
damaged motor vehicle has been towed,
20 for the purpose of being driven to the
person's home or other convenient
place; or
(b) a person who was the driver of, or a
passenger in, a motor vehicle at the time the
25 motor vehicle was damaged in a road
accident who accompanies the driver of the
tow truck if--
(i) the accident damaged motor vehicle is
outside a controlled area; and
30 (ii) the tow truck is travelling to the
accident damaged motor vehicle for the
purpose of towing it.
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Part 4--Driver Accreditation
s. 99
(c) any person who is repairing, maintaining or
testing a tow truck, as long as that person is
not driving the tow truck to or from a road
accident scene.
5 99 VicRoads to accredit persons to drive licensed tow
truck and accompany driver
VicRoads may accredit a person to drive or
accompany the driver of a licensed tow truck or a
tow truck that is being driven for the purpose of
10 providing accident towing services.
100 How long accreditation remains in force
(1) A tow truck driver accreditation remains in force
for 3 years or until the accreditation is cancelled
or surrendered, whichever is the sooner.
15 (2) The period of accreditation must be specified in
the certificate of accreditation.
Division 2--Application for accreditation
101 Applications for tow truck driver accreditation
A person may apply to VicRoads for the grant or
20 renewal of a tow truck driver accreditation.
102 Making of application
(1) An application under section 101 must--
(a) be made in the manner and form determined
by VicRoads; and
25 (b) include the name and address of the
applicant; and
(c) be accompanied by--
(i) the fee (if any) for the application
determined in accordance with
30 section 213; and
(ii) any information or thing required by
VicRoads.
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Part 4--Driver Accreditation
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(2) For the purposes of subsection (1), any
information or thing that VicRoads requires to
accompany an application or to be included in the
application must be limited to any information or
5 thing VicRoads reasonably requires in order to
assess the application.
103 VicRoads may require further information
VicRoads may require an applicant to--
(a) supply further information or things as
10 specified by VicRoads that VicRoads
reasonably requires in order to assess the
application;
(b) verify, in the manner and form determined
by VicRoads, the information or thing
15 supplied for the purpose of the application;
(c) sign the application or provide a signature to
VicRoads that can be digitised;
(d) supply a photograph or digitised image of the
applicant to VicRoads or submit to be
20 photographed by VicRoads.
104 Chief Commissioner of Police may supply
information to VicRoads
The Chief Commissioner of Police may, in
accordance with the processes agreed on with
25 VicRoads, notify VicRoads of any relevant
findings of guilt in relation to an applicant for
accreditation under this Part.
105 Time within which VicRoads must deal with
application
30 (1) Subject to this section, VicRoads must decide
whether to approve or refuse an application for
accreditation under this Part within 90 days after
receiving the application.
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Part 4--Driver Accreditation
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(2) VicRoads may, before the expiry of the period
specified in subsection (1), decide to extend the
period within which it may decide whether to
approve or refuse an application.
5 (3) If VicRoads decides under subsection (2) to
extend the period within which it may decide
whether to approve or refuse an application,
VicRoads must notify the applicant in writing of
that decision and the new period within which
10 VicRoads intends to make its decision whether to
approve or refuse the application.
106 When VicRoads may approve an application for
accreditation
VicRoads may approve an application for
15 accreditation under this Part, with or without
imposing conditions, if--
(a) the application has not been refused under
section 107, 108 or 109; and
(b) VicRoads is satisfied that--
20 (i) the applicant has complied with the
application requirements under this
Part; and
(ii) the applicant is technically competent
and sufficiently fit and healthy to be
25 able to provide the service to which the
accreditation relates; and
(iii) the issuing of accreditation is
appropriate having regard to the driver
accreditation objective.
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Part 4--Driver Accreditation
s. 107
107 Mandatory refusal of accreditation
(1) VicRoads must refuse an application under
section 101 if VicRoads believes on reasonable
grounds that the applicant--
5 (a) does not hold a driver licence under the
Road Safety Act 1986; or
(b) subject to subsection (2), has been found
guilty of an offence listed in clause 1 of
Schedule 2; or
10 (c) is disqualified under section 111 or 125 from
applying for accreditation under this Part.
Note
Section 132 provides if VicRoads has refused an
application under paragraph (b) or (c) the applicant
15 may make an application to the original jurisdiction of
VCAT for an order that VicRoads grant or renew
accreditation under this Part.
(2) Subsection (1)(b) does not apply to the renewal of
an accreditation under this Part if the offence
20 listed in clause 1 of Schedule 2, which the
applicant was found guilty of, was considered--
(a) in any previous application by the applicant
for accreditation or renewal under this Part;
or
25 (b) in any disciplinary proceedings under this
Part against the applicant.
108 Refusal of accreditation unless VicRoads satisfied it
is appropriate
VicRoads must refuse an application under
30 section 101 if VicRoads believes on reasonable
grounds that the applicant has been found guilty
of an offence listed in clause 2 of Schedule 2,
unless VicRoads is satisfied that the applicant has
demonstrated that the issue of accreditation is
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Part 4--Driver Accreditation
s. 109
appropriate having regard to the driver
accreditation objective.
109 Discretionary refusal of accreditation
(1) VicRoads may refuse an application for
5 accreditation under section 101 if VicRoads--
(a) is aware that the applicant has been found
guilty of an offence listed in clause 3 of
Schedule 2; or
(b) is aware that the applicant is subject to a
10 charge for an offence listed in Schedule 2
that has not been finally disposed of at the
time of considering the application.
(2) VicRoads may refuse an application for
accreditation referred to it by VCAT under
15 section 132(2)(a)(ii) if VicRoads is not satisfied as
to the matters set out in section 106(b).
(3) In exercising a discretion under this section in
relation to an offence, VicRoads must have regard
to--
20 (a) the nature and gravity of the offence or
alleged offence and its relevance to the
activities in respect of which accreditation is
sought; and
(b) the period of time since the offence or
25 alleged offence was committed or was
alleged to have been committed; and
(c) if there has been a finding of guilt or a
conviction, whether the finding of guilt or
the conviction was recorded; and
30 (d) if there has been a finding of guilt or a
conviction, the sentence (if any) imposed for
the offence; and
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Part 4--Driver Accreditation
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(e) the age of the applicant when the offence or
alleged offence was committed or was
alleged to have been committed; and
(f) if there has been a finding of guilt or a
5 conviction, whether or not the conduct that
constituted the offence has been
decriminalised since the offence was
committed; and
(g) the behaviour of the applicant since
10 committing the offence or since the offence
was alleged to have been committed; and
(h) the likelihood of the applicant committing an
offence in the future, in particular, any future
threat to persons involved in accidents or the
15 owners of accident damaged motor vehicles;
and
(i) any information given by the applicant; and
(j) any other matter that VicRoads considers
relevant.
20 110 Notification and reasons to be given if accreditation
refused
(1) If an application for accreditation is refused under
section 107(1)(b) or 107(1)(c), VicRoads must
notify the applicant for accreditation under this
25 Part--
(a) of the decision; and
(b) that the applicant has a right to apply to
VCAT under section 132.
(2) If an application for accreditation is refused under
30 section 107(1)(a), VicRoads must notify the
applicant for accreditation under this Part of the
decision.
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Part 4--Driver Accreditation
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(3) If VicRoads decides to refuse to accredit an
applicant for accreditation under section 108
or 109, VicRoads must--
(a) notify the applicant--
5 (i) of the decision; and
(ii) that the applicant has a right to seek
review under section 133; and
(b) give the applicant a statement of reasons for
the decision.
10 (4) A notification and a statement of reasons under
this section must be--
(a) made in writing; and
(b) given to the applicant as soon as practicable
after the application is refused.
15 111 Disqualification from applying for accreditation
(1) If an application for a tow truck driver
accreditation is refused under this Part, VicRoads
may, having regard to the driver accreditation
objective, determine that the applicant is
20 disqualified from applying for a tow truck driver
accreditation for the period determined by
VicRoads.
(2) The period determined by VicRoads under
subsection (1) must not exceed 5 years.
25 (3) In making a determination under subsection (1), if
the applicant has been found guilty of an offence
listed in Schedule 2, VicRoads must have regard
to the circumstances set out in section 109(3).
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Part 4--Driver Accreditation
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(4) If VicRoads disqualifies an applicant under
subsection (1) VicRoads must, as soon as
reasonably practicable--
(a) notify the applicant for accreditation under
5 this Part in writing; and
(b) set out in the notice--
(i) the period of disqualification; and
(ii) VicRoads' reasons for disqualifying the
applicant for that period.
10 Note
A person who has been disqualified under this Part may
apply to VCAT for review of this decision: see section 133.
112 Disqualification ceases if there has been a relevant
change of circumstances
15 (1) If there has been a relevant change of
circumstances in relation to a person who has
been disqualified from applying for tow truck
driver accreditation, that person may apply in
writing to VicRoads for a declaration that the
20 disqualification ceases to have effect.
Note
This applies to any disqualification made by VicRoads
under this Part, see sections 111 and 125.
(2) If an application is made to VicRoads under
25 subsection (1) and VicRoads is satisfied that there
has been a relevant change of circumstances in
relation to the applicant, VicRoads must declare
that the disqualification in relation to the applicant
ceases to have effect.
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Part 4--Driver Accreditation
s. 113
(3) In this section a relevant change of
circumstances includes where--
(a) a finding of guilt of the person is quashed or
set aside by a court after the date of the
5 disqualification; or
(b) a finding on which the decision to disqualify
the person was based is quashed or set aside
after the date of the disqualification.
Division 3--Accreditation conditions
10 113 Conditions on accreditation
(1) VicRoads may impose conditions on a tow truck
driver accreditation either--
(a) on issuing or renewing the accreditation; or
(b) from time to time during the course of an
15 accreditation.
(2) In considering whether or not to impose
conditions on an accreditation, VicRoads must
have regard to the driver accreditation objective
and the conditions imposed may include
20 conditions intended to improve the safety and
convenience of people involved in road accidents.
114 VicRoads may vary, revoke or impose new
conditions
(1) VicRoads may from time to time on its own
25 initiative or on the written application of the
holder of the tow truck driver accreditation--
(a) vary or revoke a condition imposed by it on
the accreditation; or
(b) impose a new condition on the accreditation.
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(2) If VicRoads decides on its own initiative to take
action under subsection (1), VicRoads must--
(a) give the holder of the tow truck driver
accreditation written notice of the action that
5 VicRoads is considering taking; and
(b) allow the holder of the tow truck driver
accreditation to make written submissions
about the intended action within 10 business
days of receiving the notice (or any other
10 period that VicRoads and the accredited
person agree on); and
(c) consider any submission that was made by
the holder of the tow truck driver
accreditation within the period set out in
15 paragraph (b).
(3) Subsection (2) does not apply if VicRoads
considers it necessary to take immediate action in
the interests of public safety.
(4) VicRoads must, in writing--
20 (a) give to the holder of the tow truck driver
accreditation--
(i) details of any action taken under
subsection (1); and
(ii) a statement of reasons for any action
25 taken under subsection (1); and
(b) notify the holder of the tow truck driver
accreditation that the person has a right to
seek review of VicRoads' decision under
section 133.
30 115 Offence to fail to comply with conditions
The holder of a tow truck driver accreditation
must comply with any conditions on the
accreditation.
Penalty: 20 penalty units.
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Part 4--Driver Accreditation
s. 116
Division 4--Certificates of accreditation
116 Issue of certificate of accreditation
(1) On accrediting an applicant under this Part
VicRoads must allocate an accreditation number
5 to the accredited person and issue a certificate of
accreditation that--
(a) is in the form approved by VicRoads; and
(b) includes a photograph or digitised image of
the accredited person in a form and size
10 approved by VicRoads; and
(c) sets out--
(i) the accreditation number allocated to
the accredited person; and
(ii) the name and address of the holder of
15 the accreditation; and
(iii) the type of tow truck the holder is
accredited to drive; and
(iv) any conditions to which the
accreditation is subject; and
20 (v) the date of expiry of the accreditation;
and
(vi) any additional information that
VicRoads considers appropriate.
(2) VicRoads may, on the application of the
25 accredited person accompanied by the fee (if any)
determined by VicRoads under section 213, issue
a replacement certificate of accreditation if
VicRoads is satisfied (whether on the production
of a statutory declaration or otherwise) that the
30 certificate last issued to the accredited person has
been lost, stolen or destroyed.
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(3) A person who has made an application under
subsection (2) on the ground that a certificate has
been lost or stolen and who subsequently recovers
the lost or stolen certificate must, within 14 days
5 after the day on which the certificate is
recovered--
(a) notify VicRoads of the recovery; and
(b) return the recovered certificate to VicRoads
unless informed by VicRoads that it is not
10 necessary to do so.
Penalty: 10 penalty units.
117 Offence not to sign certificate on receipt
If a certificate of accreditation issued under
section 116 does not contain a digitised signature
15 of the holder of the tow truck driver accreditation,
the holder must, on receiving the certificate of
accreditation, sign the certificate.
Penalty: 10 penalty units.
118 Offence not to notify of change of address and
20 return certificate
If the holder of an accreditation under this Part
changes address, the holder must, within 7 days of
changing address--
(a) notify VicRoads of the change to the holder's
25 address; and
(b) return the certificate of accreditation to
VicRoads and apply to VicRoads to amend
the certificate to reflect the change of address
or to issue a replacement certificate.
30 Penalty: 10 penalty units.
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119 Offence to retain illegible certificate
If the certificate of accreditation of the holder of a
tow truck driver accreditation becomes illegible or
is altered or defaced, the holder must return the
5 certificate to VicRoads and apply for the issue of a
replacement certificate within 7 days of becoming
aware that the certificate has become illegible or
has been altered or defaced.
Penalty: 10 penalty units.
10 120 Offence not to carry certificate when driving
If the holder of a tow truck driver accreditation is
driving a tow truck in circumstances in which he
or she is required under this Part to have the
accreditation, he or she must carry his or her
15 certificate of accreditation.
Penalty: 15 penalty units.
121 Offence not to produce certificate when asked
The holder of a tow truck driver accreditation
must produce his or her certificate of accreditation
20 if--
(a) he or she is driving a tow truck in
circumstances in which he or she is required
under this Part to be accredited; and
(b) the holder of accreditation is asked to
25 produce the certificate by--
(i) an authorised officer; or
(ii) a member of the force; or
(iii) the owner or driver of an accident
damaged motor vehicle that is being, or
30 is about to be, towed by the holder of
the accreditation.
Penalty: 15 penalty units.
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Part 4--Driver Accreditation
s. 122
Division 5--Disciplinary action
122 When VicRoads must cancel accreditation
If VicRoads becomes aware that the holder of a
tow truck driver accreditation has been found
5 guilty of an offence listed in clause 1 of
Schedule 2, VicRoads must cancel the
accreditation.
Note
A person whose accreditation has been cancelled under this
10 section may apply to VCAT under section 132.
123 Accreditation cancelled or suspended if driver
licence cancelled, expired or suspended
(1) If the driver licence of a holder of a tow truck
driver accreditation expires or is cancelled under
15 the Road Safety Act 1986, the holder's tow truck
driver accreditation is taken to be cancelled.
(2) If the driver licence of a holder of a tow truck
driver accreditation is suspended under the Road
Safety Act 1986, the holder's tow truck driver
20 accreditation is taken to be suspended for the
period of time for which the driver licence
remains suspended.
124 When VicRoads may take disciplinary action
(1) VicRoads may take disciplinary action against an
25 accredited person in respect of a tow truck driver
accreditation held by that person if satisfied--
(a) that the accredited person has contravened--
(i) a provision of this Act or regulations
made under this Act; or
30 (ii) a condition of the accredited person's
accreditation; or
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Part 4--Driver Accreditation
s. 125
(b) that the accredited person has committed an
offence listed in clause 2 or 3 of Schedule 2;
or
(c) that the accredited person has caused the
5 contravention of a condition of a tow truck
licence issued in respect of a tow truck
driven by the accredited person; or
(d) that the action is appropriate having regard to
the driver accreditation objective.
10 (2) If a matter has been referred to VicRoads from
VCAT under section 132(2)(b)(ii), VicRoads may
take disciplinary action against the accredited
person in respect of an accreditation held by that
person under this Part.
15 125 Disciplinary action that may be taken in relation to
accreditations
If VicRoads decides under section 124 to take
disciplinary action against an accredited person in
respect of a tow truck driver accreditation held by
20 that person, VicRoads may take one or more of
the following actions (disciplinary action)--
(a) cancel the accreditation and disqualify the
holder from applying for a tow truck driver
accreditation for a period not exceeding
25 5 years;
(b) suspend the accreditation for a period not
exceeding one year;
(c) if the accreditation is already suspended--
(i) cancel the accreditation and disqualify
30 the holder from applying for a tow
truck driver accreditation for a period
not exceeding 5 years; or
(ii) suspend the accreditation for an
additional period not exceeding one
35 year;
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(d) impose a new condition on, or vary a
condition on, the accreditation;
(e) direct the person to undertake particular
training;
5 (f) warn the holder of the accreditation that
more serious action may be taken in the
future if the holder repeats the behaviour;
(g) reprimand the holder of the accreditation.
126 Procedure for taking disciplinary action
10 (1) If VicRoads proposes to take disciplinary action
against a person under section 124, VicRoads
must serve on that person a notice (a disciplinary
notice) that--
(a) states the action being considered by
15 VicRoads (including any possible period of
suspension or disqualification from applying
for a tow truck driver accreditation); and
(b) states the grounds as to why VicRoads is
considering taking action; and
20 (c) invites the person to make a written
submission within a stated period as to why
such action should not be taken.
(2) For the purposes of subsection (1)(c), the period
stated in the disciplinary notice must be a period
25 of at least 28 days after the day on which the
disciplinary notice is served on the accredited
person.
(3) If the person that VicRoads is considering taking
disciplinary action against provides a written
30 submission to VicRoads within the period stated
in the disciplinary notice, VicRoads must consider
the written submission before making any
decision to take disciplinary action against that
person.
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127 Notice of disciplinary action
VicRoads must, as soon as practicable, serve
written notice on the holder of a tow truck driver
accreditation of any decision to take, or not to
5 take, disciplinary action and, if the decision is to
take disciplinary action, of--
(a) the disciplinary action being taken; and
(b) the date, which must not be earlier than
7 days after the day on which the notice
10 under this section is served, on which any
disciplinary action takes effect.
128 Immediate suspension of accreditation
(1) Despite section 127, VicRoads may suspend a tow
truck driver accreditation without serving a
15 disciplinary notice if VicRoads believes on
reasonable grounds that it is in the public interest,
having regard to the driver accreditation objective,
that the accreditation held by the person be
suspended before a decision is made to take
20 disciplinary action in relation to the person.
(2) VicRoads, on being satisfied that the holder of a
tow truck driver accreditation--
(a) has been charged with an offence listed in
clause 1 of Schedule 2 and the charge has not
25 been finally disposed of, must suspend the
accreditation;
(b) has been charged with an offence listed in
clause 2 or 3 of Schedule 2 and the charge
has not been finally disposed of, may
30 suspend the accreditation.
(3) If VicRoads has decided to suspend an
accreditation under subsection (1) or (2),
VicRoads must serve on the person a notice
(an immediate suspension notice) suspending the
35 accreditation.
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s. 128
(4) An immediate suspension notice must set out the
reasons for the suspension.
(5) A suspension under this section has effect on the
service of the immediate suspension notice.
5 (6) If a tow truck driver accreditation has been
suspended under this section, the suspension
ceases to have effect--
(a) if a decision is made to take disciplinary
action under section 124, on the coming into
10 effect of the disciplinary action; or
(b) if VicRoads reinstates the accreditation, on
the date of the re-instatement; or
(c) if--
(i) a disciplinary notice has not been
15 served on the accredited person; and
(ii) the accreditation of the person has not
been reinstated--
within 14 days of service of the immediate
suspension notice, on the day immediately
20 following the expiry of that period.
(7) If a tow truck driver accreditation has been
suspended under subsection (2), the suspension
ceases to have effect--
(a) if the person charged with the offence is
25 found not guilty or the charge is withdrawn
or discharged, on the date of that finding,
withdrawal or discharge; or
(b) if VicRoads re-instates the accreditation, on
the date of the re-instatement; or
30 (c) if the person is found guilty of the charge,
once VicRoads has made a decision as to the
action to be taken under section 125.
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129 Effect of suspension of accreditation
During the period of a suspension of tow truck
driver accreditation, the person who is the subject
of the suspension is taken--
5 (a) not to hold a tow truck driver accreditation;
and
(b) to be disqualified from applying for a tow
truck driver accreditation.
130 Return of certificate of accreditation
10 (1) The holder of a cancelled or suspended tow truck
driver accreditation must, no later than 7 days
after the cancellation or suspension takes effect--
(a) return the certificate of accreditation to
VicRoads; or
15 (b) if the certificate has been lost, stolen or
destroyed, give VicRoads a statement,
verified by a statutory declaration signed by
or on behalf of the holder, that the certificate
has been lost, stolen or destroyed.
20 Penalty: 15 penalty units.
(2) If a person's accreditation is suspended and the
period of accreditation has not expired when the
suspension ends, VicRoads must return the
certificate of accreditation to the person once the
25 suspension ends.
131 Compensation for lost income during suspension
(1) A person whose accreditation has been suspended
under section 128(2) may apply to VicRoads for a
determination of compensation for any income
30 lost during the period of suspension if--
(a) the person is found not guilty of the offence
for which the accreditation has been
suspended; or
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(b) the charge for which the accreditation has
been suspended is withdrawn or discharged.
(2) An application under subsection (1) must be--
(a) made in writing; and
5 (b) made in the form approved by VicRoads;
and
(c) accompanied by any information or thing
required by VicRoads.
(3) On receiving an application under subsection (1),
10 VicRoads may determine the amount of
compensation to which the person is entitled.
(4) An amount determined by VicRoads under
subsection (3) may be recovered as a debt owed
by the Crown to the holder of the accreditation.
15 Division 6--VCAT review and jurisdiction
132 Original jurisdiction of VCAT in relation to
mandatory refusal
(1) A person--
(a) whose application for accreditation under
20 section 101 is refused on a ground set out in
section 107(1)(b) or 107(1)(c); or
(b) whose accreditation is cancelled under
section 122--
may apply to VCAT for an order under
25 subsection (2).
(2) On an application under subsection (1) VCAT
may--
(a) in the case of an application under
subsection (1)(a)--
30 (i) direct VicRoads to accredit the
applicant; or
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(ii) refer the matter to VicRoads to consider
whether the application for
accreditation should be approved
despite section 107(1)(b) or 107(1)(c);
5 or
(b) in the case of an application under
subsection (1)(b)--
(i) direct VicRoads to reinstate the
accreditation of the applicant; or
10 (ii) refer the matter to VicRoads to consider
whether disciplinary action should be
taken against the applicant under
section 124; or
(c) in any case, dismiss the application.
15 (3) VCAT must not make an order directing
VicRoads to accredit an applicant under
subsection (2)(a)(i) unless VCAT is satisfied
that--
(a) the issuing of accreditation is appropriate
20 having regard to the driver accreditation
objective; and
(b) the applicant is technically competent and
sufficiently fit and healthy to be able to
provide the service to which the
25 accreditation relates; and
(c) the applicant has complied with the
application requirements under this Part.
(4) VCAT must not make an order directing
VicRoads to reinstate the accreditation of the
30 applicant under subsection (2)(b)(i) unless VCAT
is satisfied that--
(a) accreditation is appropriate having regard to
the driver accreditation objective; and
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(b) the applicant is technically competent and
sufficiently fit and healthy to be able to
provide the service to which the
accreditation relates.
5 (5) In making an order under subsection (2) in a
matter involving an offence listed in clause 1 of
Schedule 2 VCAT may have regard to--
(a) any matter referred to in section 109(3)(a)
to 109(3)(i); and
10 (b) any other matter that VCAT considers
relevant.
133 Review of decision by VCAT
(1) Subject to subsection (2), a person affected by a
decision of VicRoads under this Part--
15 (a) to refuse an application to grant or renew a
tow truck driver accreditation; or
(b) to impose a condition on a tow truck driver
accreditation; or
(c) to vary or revoke a condition on a tow truck
20 driver accreditation; or
(d) to suspend or cancel a tow truck driver
accreditation; or
(e) to disqualify the person from applying for
accreditation under this Part--
25 may apply to VCAT for review of that decision.
(2) Subsection (1) does not apply to a decision made
by VicRoads under section 107 or 122.
134 Time period for making application to VCAT
(1) An application under section 132(1) must be made
30 within 28 days after the day on which the decision
of VicRoads is made.
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(2) An application for review under section 133(1)
must be made within 28 days after the later of--
(a) the day on which the decision of VicRoads is
made; or
5 (b) if, under the Victorian Civil and
Administrative Tribunal Act 1998, the
person requests a statement of reasons for the
decision, the day on which the statement of
reasons is given to the person or the person is
10 informed under section 46(5) of that Act that
a statement of reasons will not be given.
Division 7--Miscellaneous
135 Accreditation cannot be transferred
(1) A tow truck driver accreditation--
15 (a) is personal to the person who holds it; and
(b) is not capable of being transferred or
assigned to any other person or otherwise
dealt with by the person who holds it; and
(c) does not vest by operation of law in any
20 other person.
(2) A purported transfer, assignment or lease of an
accreditation and any other purported dealing with
an accreditation by the person who holds it is of
no effect.
25 (3) The holder of an accreditation must not purport to
transfer or assign it to any other person or
otherwise purport to deal with it.
Penalty: 30 penalty units.
(4) This section does not apply to the surrender of an
30 accreditation in accordance with this Part.
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136 Holder of accreditation and Chief Commissioner of
Police to notify of finding of guilt
(1) If the holder of a tow truck driver accreditation is
found guilty of an offence listed in clause 1 or 2 of
5 Schedule 2, the holder must notify VicRoads of
the finding of guilt within 7 days of the holder
being found guilty.
Penalty: 5 penalty units.
(2) If the holder of a tow truck driver accreditation is
10 charged with an offence listed in clause 1 or 2 of
Schedule 2, the holder must notify VicRoads of
the charge within 7 days of the holder being so
charged.
Penalty: 5 penalty units.
15 (3) Subsections (1) and (2) do not require a person to
give to VicRoads any details that have already
been provided to VicRoads by the person.
(4) The Chief Commissioner of Police may, in
accordance with processes agreed on with
20 VicRoads, notify VicRoads of any relevant
findings of guilt in relation to an accredited
person.
137 Offence not to notify of suspension or cancellation of
accreditation
25 If the holder of a tow truck driver accreditation is
employed or engaged by a person who holds a tow
truck licence, the holder of the tow truck driver
accreditation must notify the holder of the tow
truck licence of any suspension or cancellation of
30 his or her tow truck driver accreditation within
28 days of receiving notice of the suspension or
cancellation.
Penalty: 5 penalty units.
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138 Surrender of accreditation
(1) An accredited person under this Part, other than a
person whose accreditation has been suspended,
may apply in writing to VicRoads for consent to
5 the surrender of the accreditation.
(2) An application under subsection (1) must be
accompanied by the certificate of accreditation
unless--
(a) the certificate has already been returned to
10 VicRoads; or
(b) the certificate has been lost, stolen or
destroyed.
(3) If subsection (2)(b) applies, the application must
be accompanied by a statement, verified by a
15 statutory declaration signed by or on behalf of the
accredited person, that the certificate has been
lost, stolen or destroyed.
139 Consent to surrender
(1) If an application is made in accordance with
20 section 138, VicRoads must consent to the
surrender unless VicRoads is taking, or proposing
to take, action to cancel or suspend the
accreditation.
(2) VicRoads may impose any condition on the
25 consent to surrender that VicRoads considers
reasonably necessary to protect the interests of a
third party.
(3) If VicRoads consents to the surrender of an
accreditation under subsection (1) and imposes a
30 condition on the consent, the person to whom the
condition applies must comply with the condition.
Penalty: 20 penalty units.
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140 Information disclosure by VicRoads
(1) VicRoads may, if VicRoads considers it necessary
for the provision of safe accident towing services,
disclose to any other person information obtained
5 or collected by VicRoads in the performance or
exercise of its functions or powers under this Part.
(2) VicRoads may, if it considers it desirable for the
provision of safe accident towing services, publish
any information referred to in subsection (1).
10 (3) A publication under subsection (2) must not
identify any person.
__________________
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PART 5--GENERAL ACCIDENT TOWING AND RELATED
OPERATIONS
Division 1--Authority to tow
141 Definitions
5 In this Part--
safe and convenient place means the place to
which an accident damaged motor vehicle is
towed following its removal in accordance
with section 42(3) from a road accident
10 scene located on a designated road;
owner includes the agent of an owner.
142 Offence to tow vehicle from road accident scene
without owner authority
(1) In the case of a road accident scene that is not on a
15 designated road, a tow truck driver must not tow
an accident damaged motor vehicle from the road
accident scene without obtaining an authorisation
to tow that vehicle--
(a) that is given by--
20 (i) the owner of the vehicle; or
(ii) the driver of the vehicle; or
(iii) a person as provided in subsection (3);
and
(b) that is in writing in the prescribed form; and
25 (c) that is completed in accordance with
subsection (4) and signed by the person
giving the authorisation.
Penalty: 30 penalty units.
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(2) In the case of a road accident scene that is on a
designated road, a tow truck driver must not tow
an accident damaged motor vehicle from a safe
and convenient place without obtaining an
5 authorisation to tow that vehicle--
(a) that is given by--
(i) the owner of the vehicle; or
(ii) the driver of the vehicle; or
(iii) a person as provided in subsection (3);
10 and
(b) that is in writing in the prescribed form; and
(c) that is completed in accordance with
subsection (4) and signed by the person
giving the authorisation.
15 Penalty: 30 penalty units.
(3) For the purposes of subsections (1)(a) and (2)(a),
an authorisation may be given by a member of the
force if the owner or driver of the accident
damaged motor vehicle is absent from the road
20 accident scene or the safe and convenient place, or
is unable to give authorisation to tow due to
incapacity.
(4) For the purposes of subsections (1) and (2) an
authorisation must be completed to provide the
25 following information--
(a) the name of, and tow truck driver
accreditation number allocated under
section 116 to, the driver of the tow truck;
and
30 (b) the address of the depot from which the tow
truck operates; and
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(c) the name and address of the holder of the
tow truck licence under which the tow truck
operates; and
(d) the name and address of the place to which
5 the motor vehicle is to be removed; and
(e) any other information required by
regulations made under this Act.
(5) Before obtaining the signature of the person
giving the authorisation, the tow truck driver must
10 ensure that the authorisation is completed in
accordance with subsection (4).
(6) An authorisation to tow an accident damaged
motor vehicle from a road accident scene or a safe
and convenient place given by a member of the
15 force in accordance with subsection (3) is deemed
to have been given by the owner of the accident
damaged motor vehicle.
(7) A member of the force who gives an authorisation
in accordance with subsection (3) is not to be
20 taken to have entered into any contract, whether as
a member of the force, or on his or her own behalf
or otherwise, with the tow truck driver or the
holder of the tow truck licence for the tow truck to
pay any fees or expenses incurred as a result of
25 the towing of the accident damaged motor vehicle,
merely because the member of the force has given
the authorisation.
143 Authority to tow for towing in a controlled area
In addition to the information set out in section
30 142(4), a tow truck driver who is obtaining
authorisation to tow an accident damaged motor
vehicle from--
(a) a road accident scene; or
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(b) a safe and convenient place--
located in a controlled area under a job number
given by an allocation body must record the job
number assigned to the road accident scene or the
5 safe and convenient place on that authorisation.
Penalty: 50 penalty units.
144 Tow truck driver must provide copy of authority to
tow to owner before towing the vehicle
Before towing an accident damaged motor vehicle
10 under an authority to tow, the tow truck driver
must give a copy of the authority to tow to the
person who has given the authority.
Penalty: 30 penalty units.
145 Authority to tow to be carried and produced and
15 job number to be given
(1) If an accident damaged motor vehicle is being
towed in the course of providing an accident
towing service, the driver of the tow truck that is
towing the motor vehicle must have in the tow
20 truck an authority to tow for that motor vehicle.
Penalty: 20 penalty units.
(2) The driver of a tow truck that is towing an
accident damaged motor vehicle in the course of
providing an accident towing service must, if
25 requested to do so by a member of the force or an
authorised officer--
(a) produce for inspection an authority to tow
for the accident damaged motor vehicle
being towed; and
30 (b) give details about the origin and destination
of the accident damaged motor vehicle being
towed; and
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(c) allow the member of the force or an
authorised officer to inspect or examine the
accident damaged motor vehicle being
towed.
5 Penalty: 20 penalty units.
(3) Subsections (1) and (2) do not apply to the towing
of an accident damaged motor vehicle from a road
accident scene on a designated road to a safe and
convenient place.
10 (4) The driver of a tow truck that is towing an
accident damaged motor vehicle under a job
number must give that job number to any member
of the force or authorised officer who asks for the
number.
15 Penalty: 20 penalty units.
146 Removal of accident damaged motor vehicles
The driver of a tow truck must ensure that an
accident damaged motor vehicle that is towed
under an authority to tow is taken to the place
20 specified in the authority to tow.
Penalty: 30 penalty units.
Division 2--Offences at road accident scenes
147 Offence to seek repair work at road accident scene
A person must not offer, obtain or attempt to
25 obtain from any other person at a road accident
scene any form of authority or agreement
(whether written or not) in relation to the
preparation of a quotation in relation to, or the
repairing of, an accident damaged motor vehicle
30 at any time before the vehicle is stored at the
address specified in the authority to tow.
Penalty: 60 penalty units.
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148 Offence to tout or solicit for business for any vehicle
at a road accident scene in a controlled area
(1) A person must not contact any person at a road
accident scene in a controlled area, to tout or
5 solicit for any business that is in the nature of the
following--
(a) towing of accident damaged motor vehicles
by regular tow trucks;
(b) storing of accident damaged motor vehicles;
10 (c) repairing of accident damaged motor
vehicles.
Penalty: 60 penalty units.
(2) A person must not offer, obtain or attempt to
obtain from any other person at a road accident
15 scene in a controlled area any form of authority or
agreement (whether written or not) in relation to
the towing or removal of an accident damaged
motor vehicle by a regular tow truck from the road
accident scene.
20 Penalty: 60 penalty units.
(3) This section applies whether or not the person
who is touting or soliciting or offering, obtaining
or attempting to obtain an authority or agreement
is doing so on his or her own behalf or on behalf
25 of another person.
149 Exception for authorised tow truck drivers at road
accident scenes
(1) Despite section 148, a regular tow truck driver
who is at a road accident scene in a controlled
30 area may do any of the following--
(a) approach the driver of an accident damaged
motor vehicle, or other person authorised
under this Part to sign an authority to tow for
the vehicle, to--
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(i) offer to tow the vehicle; and
(ii) offer, obtain or attempt to obtain an
authority to tow for the vehicle;
(b) enter, or offer to enter, into an agreement
5 with a person to store an accident damaged
motor vehicle at the specified depot of the
tow truck.
(2) Subsection (1) only applies if the tow truck driver
has authorisation from the allocation body to
10 attend that road accident scene.
Division 3--Storage of accident damaged motor vehicles
150 Storage of accident damaged motor vehicles
(1) The holder of a tow truck licence for a tow truck
that is towing an accident damaged motor vehicle
15 under an authority to tow must ensure that the
motor vehicle is towed to the place specified in
the authority to tow and stored at a secure area at
that place at all times unless--
(a) it is being returned to the owner of the motor
20 vehicle; or
(b) it is being removed to another place with the
written authority of the owner of the motor
vehicle or other valid authority.
Penalty: 20 penalty units.
25 (2) Without limiting subsection (1)(b), an accident
damaged motor vehicle is removed pursuant to a
valid authority if it is removed in compliance with
a request by--
(a) a member of the force acting in the course of
30 his or her duties; or
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(b) an insurer of the accident damaged motor
vehicle acting with the consent of the owner;
or
(c) a person who has a secured or an unsecured
5 interest in the accident damaged motor
vehicle.
151 Provisions concerning damaged vehicle storage
(1) If an accident damaged motor vehicle is being
stored at a secure place in accordance with
10 section 150, the holder of the tow truck licence--
(a) must, within 10 business days after the day
the vehicle is towed to the place specified in
the authority to tow, give the owner of the
vehicle a written notice stating the amount of
15 the storage charges that are owing at the date
of the notice, the daily rate at which the
charges are continuing to accumulate and the
fact that those charges are continuing to
accumulate; and
20 (b) must give the owner of the vehicle such a
notice before the expiry of each period of
20 business days after the date of the issue of
the first notice.
Penalty: 30 penalty units.
25 (2) The obligation imposed on the holder of the tow
truck licence by subsection (1) ceases to apply as
soon as--
(a) the vehicle is removed from the place
specified in the authority to tow or in
30 accordance with section 150; or
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(b) an agreement for the repair of the vehicle is
signed with a person who carries on a repair
business at or from the place specified in the
authority to tow if the agreement sets out the
5 amount of the storage charges that are owed
at the time that the agreement is signed.
152 No consideration to be paid for obtaining or
handing over any work in respect of an accident
damaged motor vehicle
10 (1) A person must not--
(a) so as to obtain any work in respect of an
accident damaged motor vehicle, offer to
pay; or
(b) so as to hand over any work to another in
15 respect of the accident damaged motor
vehicle, receive--
any consideration, other than any charges for the
towing or storage of the motor vehicle charged in
accordance with this Act.
20 Penalty: 30 penalty units.
(2) A person must not charge a sum for the provision
of an accident towing service or for the storage of
an accident damaged motor vehicle unless the
charge is determined in accordance with any
25 determination made under section 211, if any such
determination has been made.
Penalty: 30 penalty units.
(3) In any proceedings against a person for an offence
under subsection (2), if the offence is proved, the
30 court may order that person to refund any sum
paid in excess of the sums described in
subsection (2).
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Division 4--Obligations on repairers
153 No repair work to be carried out without owner's
approval
(1) A person must not commence or carry out repair
5 work on an accident damaged motor vehicle
without the approval in writing of the owner of the
motor vehicle.
Penalty: 30 penalty units.
(2) A person is not entitled to sue for or recover any
10 sum or charge for--
(a) commencing or carrying out any repair work
that is not approved under subsection (1); or
(b) preparing, without the approval in writing of
the owner of the motor vehicle, any
15 quotation to repair an accident damaged
motor vehicle; or
(c) towing an accident damaged motor vehicle
as part of providing accident towing services,
unless the towing was authorised in
20 accordance with this Act and regulations
made under this Act; or
(d) storing an accident damaged motor vehicle
unless--
(i) the storing was authorised in writing by
25 the person from whom the sum or
charge is being sought; and
(ii) the sum or charge is not more than the
amount determined in accordance with
subsection (3).
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(3) For the purposes of subsection (2)(d)(ii) the sum
or charge is determined by--
(a) dividing the total number of hours that the
vehicle has been stored up to the relevant
5 time by 24; and
(b) multiplying the result by the daily storage
charge.
(4) If the result of the calculation made under
subsection (3) is not a whole number, it may be
10 increased to the next highest whole number.
(5) If any sum or charge referred to in subsection (2)
is recovered in circumstances in which subsection
(2) applies, the person on whose behalf it is
recovered is guilty of an offence unless the person
15 repays it as soon as practicable.
Penalty: 30 penalty units.
154 Cooling-off period for certain towing related repair
agreements
(1) Subject to subsection (2), if--
20 (a) the owner of an accident damaged motor
vehicle signs an agreement to repair the
vehicle; and
(b) the accident damaged motor vehicle has been
towed to the place specified in the authority
25 to tow; and
(c) at the time of the signing of the agreement to
repair, the vehicle is still in or near that
place--
the owner of the motor vehicle may, within
30 3 working days after the signing of the agreement
to repair, terminate the agreement to repair by
giving written notice to the person to whom the
agreement has been given or to an employee of
that person.
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(2) The owner of a vehicle is not entitled to terminate
an agreement to repair the vehicle under this
section if, following the period of one working
day after the signing of the agreement, the owner
5 signs a written waiver of the right to terminate the
agreement.
(3) If an agreement to repair the vehicle is terminated
under this section, the owner is not liable to the
person to whom the agreement has been given
10 for--
(a) any damages or costs arising as a result of
the signing of the agreement or the
termination of the agreement; or
(b) the cost of any work performed on the
15 vehicle after it was towed to the storage
place.
155 Owner not liable for repairs carried out at
unauthorised place
The owner of an accident damaged motor vehicle
20 is not liable for the cost of any work performed on
the vehicle if--
(a) the vehicle has been towed from the road
accident scene to a place other than the place
specified in the authority to tow; and
25 (b) the work is performed at that place.
156 Offence to fail to release towed vehicle
(1) A person who is in control of a place to which an
accident damaged motor vehicle has been towed
must not--
30 (a) refuse, frustrate or obstruct the release of; or
(b) fail to release--
the vehicle from that place to its owner.
Penalty: 50 penalty units.
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(2) A person who is in control of a place to which an
accident damaged motor vehicle has been towed
must ensure that no other person at the place--
(a) refuses, frustrates or obstructs the release of;
5 or
(b) fails to release--
the vehicle to its owner.
Penalty: 50 penalty units.
(3) It is a defence to a charge under subsection (2) if
10 the person who--
(a) refuses, frustrates or obstructs the release of;
or
(b) fails to release--
the accident damaged motor vehicle to its owner
15 is not within the control of the person who is in
control of the place to which the motor vehicle has
been towed.
(4) It is a defence to a charge under subsection (1)
or (2) if the person is owed money by the owner in
20 respect of--
(a) work done by the person on the vehicle that
was authorised in writing by the owner; or
(b) towing charges charged in accordance with
this Act; or
25 (c) storage charges charged in accordance with
this Act.
(5) Subsection (4)(a) does not apply if the work done
by the person is done pursuant to an agreement
that is terminated under section 154.
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Division 5--Obligations on repairers in relation to accident
towing services in a controlled area
157 Definitions
(1) In this Division--
5 endorsed authority to tow means an authority to
tow on which a note has been endorsed in
accordance with sections 158(a)(iii) and
158(a)(iv);
relevant accident damaged motor vehicle means
10 an accident damaged motor vehicle that is
towed from a road accident scene or, in the
case of a designated road, the safe and
convenient place, in a controlled area by a
regular tow truck.
15 (2) For the purposes of this Division--
(a) a reference to an authority to tow includes a
reference to a copy of an authority to tow;
and
(b) a reference to an endorsed authority to tow
20 includes a reference to a copy of an endorsed
authority to tow.
158 Obligations on repairers in respect of relevant
accident damaged motor vehicles
A person must not begin to prepare a quotation for
25 the cost of the damage to a relevant accident
damaged motor vehicle, or to repair the vehicle,
unless--
(a) the person has--
(i) obtained the authority to tow for that
30 vehicle; and
(ii) confirmed with the allocation body that
the job number recorded on the
authority to tow is accurate and the tow
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truck was authorised to tow the vehicle;
and
(iii) written on the authority to tow a note
stating--
5 (A) his or her name and business
address; and
(B) that the confirmation has been
obtained; and
(C) the date and time that the
10 confirmation was obtained; and
(D) the confirmation number assigned
to the confirmation by the
allocation body; and
(iv) signed the note; or
15 (b) the person has obtained an endorsed
authority to tow which has been endorsed by
another person; or
(c) the person has been given a copy of a
certificate issued under section 162 in
20 relation to the relevant accident damaged
motor vehicle.
Penalty: 30 penalty units.
159 Copies of noted-up forms must be given to
owners etc.
25 (1) A person who has endorsed an authority to tow
under sections 158(a)(iii) and 158(a)(iv) must give
that endorsed authority to tow to the owner of the
relevant accident damaged motor vehicle and to
any person authorised by the owner to prepare a
30 quotation in relation to, or to repair, the relevant
accident damaged motor vehicle, if asked to do so
by the owner or authorised person.
Penalty: 30 penalty units.
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(2) A person who has been authorised to prepare a
quotation must ensure that any written quotation
prepared by the person and given to the owner of
the relevant accident damaged motor vehicle is
5 accompanied by the endorsed authority to tow.
Penalty: 30 penalty units.
160 Obligations on repairers if the authority to tow is
defective or not provided
(1) A person who has obtained an authority to tow for
10 the purpose of preparing a quotation in relation to,
or repairing, a relevant accident damaged motor
vehicle in circumstances in which sections
158(a)(iii) and 158(a)(iv) should have been, but
have not been, complied with in relation to the
15 authority to tow must notify VicRoads, in writing
within 5 business days after receiving the
authority to tow, of the failure to comply with
sections 158(a)(iii) or 158(a)(iv).
Penalty: 30 penalty units.
20 (2) If the owner of a relevant accident damaged motor
vehicle--
(a) asks a person to prepare a quotation, or to
repair, that motor vehicle; and
(b) does not give the person an endorsed
25 authority to tow (or a certificate under
section 162) in relation to the vehicle within
5 business days after making the request--
the person must notify VicRoads in writing of that
failure within 5 business days after the end of that
30 5 day period.
Penalty: 30 penalty units.
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(3) If--
(a) the owner of a relevant accident damaged
motor vehicle asks a person (the repairer) to
prepare a quotation in relation to, or to
5 repair, that motor vehicle and states that
another person has complied with sections
158(a)(iii) and 158(a)(iv) in relation to the
authority to tow relating to the vehicle; and
(b) the repairer asks for an endorsed authority to
10 tow from that other person, but does not
receive the endorsed authority to tow from
that person within 5 business days after
making the request--
the repairer must notify VicRoads in writing
15 within 5 business days after the end of that 5 day
period that the endorsed authority to tow has not
been received.
Penalty: 30 penalty units.
161 Repairers must keep copy of authority to tow
20 A person who receives an authority to tow for the
purpose of preparing a quotation in relation to, or
repairing, a relevant accident damaged motor
vehicle--
(a) must keep the authority to tow for 3 years
25 after receiving it; and
(b) must produce for inspection that authority to
tow and any records the person keeps in
relation to quotations on being asked to do so
by a member of the force or an authorised
30 officer.
Penalty: 30 penalty units.
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162 Owner may apply for certificate if authority to tow
defective or lost
(1) If the owner of a relevant accident damaged motor
vehicle--
5 (a) has not received an authority to tow in
relation to the towing of that vehicle from
the road accident scene or safe and
convenient place (as the case requires); or
(b) has received an authority to tow in relation to
10 the towing of that vehicle from the road
accident scene or safe and convenient place
(as the case requires), but--
(i) the authority to tow, or any note that
has been subsequently added to the
15 authority to tow, contains a defect
that is of such a nature that it is not
possible for a person to comply with
section 158; or
(ii) the authority to tow has been lost,
20 destroyed, mutilated or become fully or
partially illegible--
the owner may apply to VicRoads for a certificate
authorising the preparation of a quotation in
relation to the vehicle and for the vehicle to be
25 repaired.
(2) An application for a certificate must be in a form
approved by VicRoads and must contain the
details required by VicRoads.
(3) VicRoads must comply with a request for a
30 certificate within 5 business days after
receiving--
(a) a completed application for the certificate;
and
(b) the fee (if any) prescribed for the application.
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163 Exception in relation to Division 5 offences
It is a defence to a charge under this Division if a
person has a reasonable belief that an accident
damaged motor vehicle was not damaged in a
5 controlled area.
__________________
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PART 6--ENFORCEMENT
Division 1--Accident towing demerit points
164 Demerits Register
VicRoads must keep an Accident Towing
5 Demerits Register and must record in the Register
the accident towing demerit points that an
accredited person incurs.
165 Circumstances in which accident towing demerit
points are incurred and amount
10 (1) The circumstances in which accident towing
demerit points are incurred and the determination
of the date on which the points are to be recorded
as incurred are as prescribed.
(2) The number of accident towing demerit points that
15 are to be incurred for a prescribed offence is the
number prescribed for the offence.
166 Period of suspension of accreditation
(1) The period of suspension of accreditation under
this Act for incurring 6 to 11 (both inclusive)
20 accident towing demerit points within any 3 year
period is one month.
(2) The period of suspension of accreditation under
this Act for incurring 12 to 17 (both inclusive)
accident towing demerit points within any 3 year
25 period is 3 months.
(3) The period of suspension of accreditation under
this Act for incurring 18 or more accident towing
demerit points within any 3 year period is 2 years.
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167 VicRoads may suspend accreditation on service of
notice
(1) VicRoads may serve a notice of suspension on an
accredited person suspending all accreditations
5 held by that person under this Act--
(a) if the person has incurred 6 to 11 (both
inclusive) accident towing demerit points
within any 3 year period, for one month;
(b) if the person has incurred 12 to 17 (both
10 inclusive) accident towing demerit points
within any 3 year period, for 3 months;
(c) if the person has incurred 18 or more
accident towing demerit points within any
3 year period, for 2 years.
15 (2) A notice served under subsection (1) must contain
the prescribed particulars.
168 Accident towing demerit points expire after period
of suspension
At the end of a period of suspension under this
20 Division, the accident towing demerit points that
were used to calculate the period of suspension
must be disregarded when calculating the period
of any further suspension under section 166.
169 Date suspension of accreditation becomes effective
25 (1) Subject to this section and section 172(2), the
suspension of accreditation under section 167
takes effect on and from the date determined by
VicRoads and specified in the notice served under
section 167(1).
30 (2) If an accreditation that is suspended under
section 167 is suspended under another provision
of this Act, the suspension under section 167 takes
effect on and from the date the other suspension
ceases to have effect.
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(3) If an accreditation that is suspended under
section 167 is cancelled under another provision
of this Act and the person who held the
accreditation subsequently obtains a new
5 accreditation under this Act, the suspension under
section 167 applies to the new accreditation and
takes effect on and from the date the new
accreditation is granted.
170 Cancellation of accident towing demerit points
10 VicRoads may cancel accident towing demerit
points in the prescribed circumstances.
171 Recording of accident towing demerit points not
admissible in evidence except in limited
circumstances
15 The fact that accident towing demerit points are
recorded against an accredited person is not
admissible in evidence except--
(a) in proceedings in VCAT brought under
section 172; or
20 (b) if it is necessary to give evidence of that fact
in order to establish--
(i) that the accredited person has been sent
a notice advising that the person had
incurred accident towing demerit
25 points; or
(ii) that the accreditation of the accredited
person had been suspended under this
Act; or
(iii) that the accredited person had been
30 served with a notice advising the person
of the suspension of accreditation.
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172 Review by VCAT
(1) A person may apply to VCAT for review of the
decision by VicRoads to record accident towing
demerit points in the Accident Towing Demerits
5 Register against that person on the ground--
(a) that VicRoads recorded accident towing
demerit points other than as required by
regulations made under this Act; or
(b) that an error has been made in the addition of
10 the number of accident towing demerit
points incurred by the person in a relevant
period.
(2) The operation of a suspension of accreditation
under section 167 is stayed on the lodging of an
15 application for review until--
(a) the date on which the application is
determined; or
(b) if the application is withdrawn, the date on
which VCAT gives leave to the applicant to
20 withdraw the application.
Note
Section 74 of the Victorian Civil and
Administrative Tribunal Act 1998 specifies the
procedure involved in withdrawing an application to
25 VCAT.
(3) If VCAT is satisfied that the recording of the
accident towing demerit points was made in
accordance with this Act and regulations made
under this Act, VCAT must confirm the decision
30 to record those points.
(4) On an application under subsection (1), VCAT
may by order--
(a) direct VicRoads to record the accident
towing demerit points as required by
35 regulations made under this Act; or
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(b) direct VicRoads to correct an error made in
the addition of the number of accident
towing demerit points incurred by the
applicant in a relevant period; or
5 (c) in dismissing the application, if accreditation
has been suspended as a result of the
incurring of accident towing demerit points,
order that the suspension of accreditation
takes effect from a date specified in the
10 order.
(5) An application for review under subsection (1)
must be made within 28 days after the later of--
(a) the day on which the decision of VicRoads is
made; or
15 (b) if, under the Victorian Civil and
Administrative Tribunal Act 1998, the
person requests a statement of reasons for the
decision, the day on which the statement of
reasons is given to the person or the person is
20 informed under section 46(5) of that Act that
a statement of reasons will not be given.
(6) If, as a result of an order made by VCAT under
subsection (4)(a) or (4)(b), the recorded amount of
accident towing demerit points incurred by an
25 accredited person is amended by VicRoads--
(a) if the total number of accident towing
demerit points recorded against the
accredited person is less than 6, a suspension
notice served on the accredited person under
30 section 167 ceases to have effect; or
(b) if the total number of accident towing
demerit points recorded against the
accredited person is 6 or more, the person's
accreditation is taken to be suspended for the
35 period set out in section 167 corresponding
to the amended number of points and any
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suspension notice for a period more than this
period ceases to have effect.
Division 2--Infringement notices
173 Infringement notices, offences and penalties
5 (1) An authorised officer or a member of the force
may serve an infringement notice on any person
he or she reasonably believes has committed an
offence against this Act or regulations made under
this Act which is prescribed for the purposes of
10 this section.
(2) An offence referred to in subsection (1), for which
an infringement notice may be served, is an
infringement offence within the meaning of the
Infringements Act 2006.
15 (3) The penalty for the purposes of this section in
respect of any infringement specified in
subsection (1) is the amount prescribed in respect
of that infringement.
Division 3--Improvement notices
20 174 Improvement notices
(1) If VicRoads believes on reasonable grounds--
(a) that an accredited person is contravening or
has contravened a service standard; or
(b) that an accredited person is contravening or
25 has contravened a condition of the person's
accreditation; or
(c) that a person licensed under Part 2 is
contravening or has contravened a condition
of the person's licence; or
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(d) that a person licensed under Part 2, an
accredited person, or a relevant person in
relation to a person accredited under Part 3,
is contravening or has contravened a
5 provision of--
(i) this Act other than sections 6(2), 7(2),
8, 9, 34, 38, 56, 76, 91, 92, 95, 98, 115,
116, 135, 136, 180, 203(2) and (3) and
this section; or
10 (ii) any regulations made under this Act--
in circumstances that make it likely the
contravention will continue or be repeated,
VicRoads may serve on the person an
improvement notice requiring the person to
15 remedy the contravention or likely contravention,
or the matters or activities causing the
contravention or likely contravention, within the
period specified in the notice.
(2) An improvement notice must--
20 (a) state the basis for VicRoads' belief on which
the service of the notice is based; and
(b) specify the standard, condition or provision
that VicRoads believes has been, is being or
is likely to be, contravened; and
25 (c) specify a date (with or without a time) by
which the person is required to remedy the
contravention or likely contravention or the
matters or activities causing the
contravention or likely contravention, that
30 VicRoads considers reasonable having
regard to the purpose of the accreditation or
licensing and the nature of the contravention
or likely contravention; and
(d) set out the penalty for contravening the
35 notice; and
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(e) include a statement to the effect of
section 176; and
(f) state that the notice is served under this
section; and
5 (g) state how the person may seek review of the
service of the notice.
(3) An improvement notice may include directions
concerning the measures to be taken to remedy the
contravention or likely contravention, or the
10 matters or activities causing the contravention or
likely contravention, to which the notice relates.
(4) Without limiting subsection (3), an improvement
notice may include--
(a) a direction that if the person has not
15 remedied the contravention, likely
contravention, matters or activities (as the
case may be) by the date and time (if any)
specified in the notice, an activity to which
the notice relates is to cease until VicRoads
20 has certified in writing that the contravention
or likely contravention has, or the matters or
activities have, been remedied; and
(b) interim directions, or interim conditions,
restrictions or other limitations on the
25 carrying out of any activities to which the
notice relates, that VicRoads considers
necessary to minimise risks to safety or the
risk of a serious failure to provide reliable
and efficient accident towing services.
30 (5) A person on whom an improvement notice is
served must comply with the notice.
Penalty: 20 penalty units.
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(6) If an application for review of a decision under
this section has been made under section 177,
VicRoads must not give a certificate under
subsection (4)(a) in relation to the improvement
5 notice concerned until after the review ends.
175 Formal irregularities or defects in notice
An improvement notice is not invalid merely
because of--
(a) a formal defect or irregularity in the notice
10 unless the defect or irregularity causes or is
likely to cause substantial injustice; or
(b) a failure to use the correct name of the
person on whom the notice is served if the
notice sufficiently identifies the person and
15 is served on the person in accordance with
section 217 or 218, as the case requires.
176 Proceedings for offences not affected by
improvement notices
The service of an improvement notice does not
20 affect any proceeding for an offence against this
Act or regulations made under this Act in
connection with any matter in respect of which the
notice was served.
177 Review of decision by VCAT
25 (1) A person may apply to VCAT for review of a
decision by VicRoads to serve an improvement
notice on that person under section 174.
(2) An application for review under subsection (1)
must be made within 28 days after the later of--
30 (a) the day on which the decision of VicRoads is
made; or
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(b) if, under the Victorian Civil and
Administrative Tribunal Act 1998, the
person requests a statement of reasons for the
decision, the day on which the statement of
5 reasons is given to the person or the person is
informed under section 46(5) of that Act that
a statement of reasons will not be given.
Division 4--Authorised officers
178 Appointment of authorised officer
10 (1) VicRoads, by instrument, may appoint any person
(including any person employed in the
Department under Part 3 of the Public
Administration Act 2004) who is suitably
qualified or trained to exercise the powers of an
15 authorised officer under this Act.
(2) Without limiting the persons who may be
appointed under subsection (1), a person
authorised under Part 9 of the Road Safety Act
1986 may be an authorised officer for the
20 purposes of this Act.
(3) An appointment under this section is for the term,
and subject to the conditions, specified in the
instrument of appointment.
(4) Without limiting the conditions to which the
25 appointment of an authorised officer may be
subject, a condition may specify one or more of
the following--
(a) the functions and powers under this Act that
may not be exercised by the authorised
30 officer;
(b) the functions and powers under this Act that
may be exercised by the authorised officer;
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(c) the circumstances or manner in which a
function or power under this Act may be
exercised by the authorised officer.
179 Identity cards
5 (1) VicRoads must issue an identity card to an
authorised officer.
(2) An identity card must--
(a) contain the name and a photograph of the
authorised officer to whom it is issued; and
10 (b) identify the authorised officer to whom it is
issued as an authorised officer appointed
under this Part.
180 Return of identity cards
If a person to whom an identity card has been
15 issued ceases to be an authorised officer, the
person must return the identity card to VicRoads
as soon as practicable.
Penalty: 10 penalty units.
Division 5--Searches of tow trucks
20 181 Power to enter and search tow trucks for
compliance purposes
(1) For the purpose of determining whether this Act,
regulations made under this Act or a service
standard is being complied with, an inspector may
25 enter and search a tow truck that is--
(a) on any road or road related area; or
(b) in any public place.
(2) Without limiting subsection (1), an inspector who
enters and searches a tow truck under subsection
30 (1) may, for the purpose set out in that subsection,
do any one or more of the following--
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(a) weigh the tow truck or any part of the tow
truck or its equipment or load; or
(b) otherwise measure or test the tow truck or
any part of the tow truck or its equipment or
5 load (other than a passenger); or
(c) take samples, photographs or film, videotape
or otherwise record images or record sounds;
or
(d) require any person in or on the tow truck to
10 produce to the inspector any document that is
required to be kept for the purpose set out in
subsection (1) and that is located in or on the
tow truck that is in the person's custody or
possession or under the person's control; or
15 (e) make copies of, or take extracts from, any
document that is required to be kept for the
purpose set out in subsection (1) and that is
kept in or on the tow truck; or
(f) exercise any other power under this Act
20 conferred on the inspector for those
purposes.
(3) This section does not authorise the use of force,
but the inspector may do any or all of the
following--
25 (a) open unlocked doors, panels, objects or other
things, or open unlocked places;
(b) move, but not take away, anything that is not
locked up or sealed.
(4) This section does not authorise an inspector to
30 search a person, even if the person is part of a tow
truck's load.
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182 Power to enter and search tow trucks for the
purpose of obtaining evidence of contravention
(1) If an inspector believes on reasonable grounds that
a tow truck has been used, or is being used, in
5 contravention of this Act, regulations made under
this Act or a service standard, an inspector may
enter and search the tow truck if it is--
(a) on any road or road related area; or
(b) in any public place.
10 (2) An inspector may form the necessary belief during
or after a search under section 181, or
independently of a search under section 181.
(3) Without limiting subsection (1), an inspector who
enters and searches a tow truck under subsection
15 (1) may, for the purposes set out in that
subsection, do any one or more of the following--
(a) do anything that he or she may do in
conducting a search for compliance purposes
under section 181;
20 (b) search for anything that may be evidence of
the commission of an offence against this
Act, regulations made under this Act or a
service standard; or
(c) search for and inspect any documents,
25 devices or other things that relate to the tow
truck or any part of its equipment or load and
that are located in or on the tow truck; or
(d) copy any documents located in or on the tow
truck that the inspector believes on
30 reasonable grounds provide, or may on
further inspection provide, evidence of a
contravention of this Act, regulations made
under this Act or a service standard.
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(4) The inspector may seize and remove any
documents, devices or other things from the tow
truck that the inspector believes on reasonable
grounds provide, or may on further examination
5 provide, evidence of a contravention of this Act,
regulations made under this Act or a service
standard.
(5) This section does not authorise the use of force,
but the inspector may do any or all of the
10 following--
(a) open unlocked doors, panels, objects or other
things, or open unlocked places;
(b) move, but not take away, anything that is not
locked up or sealed.
15 (6) This section does not authorise an inspector to
search a person, even if the person is part of a tow
truck's load.
183 Production of identification by inspectors before
vehicle searches
20 (1) This section applies if--
(a) an inspector wishes to search a tow truck
under this Division; and
(b) the driver, or another person apparently in
charge of the tow truck, is present in, on or
25 near the tow truck.
(2) Before starting to search the tow truck, an
inspector who is not a member of the force must
identify himself or herself to the driver or person
by producing his or her identity card for
30 inspection by the driver or person.
(3) In the case of an inspector who is a member of the
force, but who is not in uniform, before starting to
search the tow truck he or she must identify
himself or herself to the driver or person by
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producing his or her identification as a member of
the force.
(4) In the case of an inspector who is a member of the
force and who is in uniform, before starting to
5 search the tow truck he or she must, if requested
to do so by the driver or person, state orally his or
her name, rank and place of duty.
(5) If an inspector decides to start a search under
section 182 while in the process of conducting a
10 search for compliance purposes under section 181,
it is not necessary for the inspector to comply with
subsection (2), (3) or (4) again if the inspector
starts the search under section 182 during, or
immediately after, the search for compliance
15 purposes under section 181.
184 Production of identification during searches
(1) An inspector conducting a search of a tow truck
under this Division must, if asked to do so,
produce for inspection--
20 (a) if the inspector is an authorised officer, his or
her identity card;
(b) if the inspector is a member of the force who
is not in uniform, his or her identification as
a member of the force.
25 (2) An inspector must comply with subsection (1)
even if he or she has complied with section 183.
(3) An inspector who is a member of the force and
who is in uniform conducting a search of a tow
truck under this Division must, if requested to do
30 so by the driver or other person apparently in
charge of the tow truck, state orally his or her
name, rank and place of duty unless he or she has
already done so to that driver or other person in
compliance with section 183 or this subsection.
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(4) It is not necessary for an inspector to comply with
a request to produce identification that is made by
a person to whom the inspector has already
produced that identification before or during a
5 search.
185 Consent not needed for searches
An inspector may exercise a power under this
Division at any time, and without the consent of
the tow truck driver, or other person apparently in
10 charge of the vehicle, or any other person.
Division 6--Search of business premises
186 Entry or search of premises with consent
(1) If an inspector believes on reasonable grounds that
a person has contravened this Act, regulations
15 made under this Act or a service standard, the
inspector, with the consent of the occupier of the
premises at which the person is conducting an
accident towing service business or a business of
repairing accident damaged motor vehicles,
20 may--
(a) enter and search the premises, including any
tow truck found on the premises;
(b) examine anything found at the premises that
the inspector believes on reasonable grounds
25 to be connected with the alleged
contravention;
(c) seize anything found on the premises which
the inspector believes on reasonable grounds
to be connected with the alleged
30 contravention;
(d) in the case of any document on the premises,
if the inspector believes on reasonable
grounds that it is connected with the alleged
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contravention, the inspector may do all or
any of the following--
(i) require the document to be produced
for examination;
5 (ii) examine, make copies of or take
extracts from the document, or arrange
for the making of copies or the taking
of extracts to be done on the premises
or elsewhere;
10 (iii) remove the document for so long as is
reasonably necessary to make copies of
or take extracts from the document;
(e) make any still or moving image or audio-
visual recording that the inspector believes
15 on reasonable grounds is necessary for the
purpose of establishing the alleged
contravention.
(2) In addition to any power under this section, in
relation to a tow truck an inspector may do
20 anything he or she may do under section 181.
(3) An inspector must not enter and search any
premises with the consent of the occupier unless,
before the occupier consents to that entry, the
inspector--
25 (a) has--
(i) if the inspector is an authorised officer,
produced his or her identity card for
inspection; or
(ii) if the inspector is a member of the force
30 who is not in uniform, produced his or
her identification as a member of the
force; or
(iii) if the inspector is a member of the force
who is in uniform, stated his or her
35 name, rank and place of duty; and
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(b) has informed the occupier--
(i) of the purpose of the search; and
(ii) that the occupier may refuse to give
consent to the entry and search or to the
5 seizure of anything found during the
search; and
(iii) that the occupier may refuse to consent
to the taking of any copy of or extract
from a document found on the premises
10 during the search; and
(iv) that anything seized or taken during the
search with the consent of the occupier
may be used in evidence in
proceedings.
15 (4) If an occupier consents to an entry and search, the
inspector who requested consent must, before
entering the premises, ask the occupier to sign an
acknowledgment stating--
(a) that the occupier has been informed of the
20 purpose of the search and that anything
seized or taken in the search with the consent
of the occupier may be used in evidence in
proceedings; and
(b) that the occupier has been informed that he
25 or she may refuse to give consent to the entry
and search or to the seizure of anything or to
the taking of any sample, copy or extract;
and
(c) that the occupier has consented to such an
30 entry and search; and
(d) the date and time that the occupier
consented.
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(5) If an occupier consents to the seizure or taking of
any thing during a search under this section, the
inspector must, before seizing or taking the thing,
ask the occupier to sign an acknowledgment
5 stating--
(a) that the occupier has consented to the seizure
or taking of the thing; and
(b) the date and time that the occupier
consented.
10 (6) An occupier who signs an acknowledgment must
be given a copy of the signed acknowledgment
before the inspector leaves the premises.
(7) If, in any proceeding, an acknowledgment is not
produced to the court or a tribunal, it must be
15 presumed, until the contrary is proved, that the
occupier did not consent to the entry and search or
to the seizure or the taking of the thing.
187 Entry of premises open to the public
An inspector may enter and inspect any part of a
20 premises which is, at the time of the entry and
inspection, open to the public.
188 Entry without consent or warrant
(1) For the purpose of monitoring compliance with
this Act, regulations made under this Act or a
25 service standard, an inspector may, subject to
subsection (2)--
(a) enter and search any premises, including any
tow truck found on the premises, at which
the inspector believes on reasonable
30 grounds--
(i) a person is conducting an accident
towing services business or a business
of repairing accident damaged motor
vehicles; or
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(ii) a person is keeping a record or
document that is required to be kept by
this Act or regulations made under this
Act, or that may show whether or not
5 this Act, regulations made under this
Act or a service standard is being
complied with;
(b) examine anything found on the premises;
(c) seize anything found on the premises or
10 secure anything found on the premises
against interference, if the inspector believes
on reasonable grounds that it is connected
with a contravention of this Act, regulations
made under this Act or a service standard;
15 (d) examine and test any equipment found on the
premises that is of a kind used in connection
with an accident towing services business or
a business of repairing accident damaged
motor vehicles;
20 (e) in the case of any document on the premises,
do all or any of the following--
(i) require the document to be produced
for examination;
(ii) examine, make copies or take extracts
25 from the document, or arrange for the
making of copies of or the taking of
extracts to be done on the premises or
elsewhere;
(iii) remove the document for so long as is
30 reasonably necessary to make copies of
or take extracts from the document;
(f) make any still or moving image or audio-
visual recording;
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(g) bring any equipment onto the premises that
the inspector believes on reasonable grounds
is necessary for the examination or
processing of things (including documents)
5 found at the premises in order to determine
whether they are things that may be seized
under this section.
(2) An inspector--
(a) must not exercise a power under
10 subsection (1) in any part of the premises
that is used for residential purposes; and
(b) must not exercise a power under
subsection (1) except--
(i) between the hours of 9 a.m. to 5 p.m.;
15 or
(ii) when the premises are open for
business.
(3) If an inspector exercises a power of entry under
this section without the owner or occupier being
20 present the inspector must, on leaving the
premises, leave a notice setting out--
(a) the time of entry; and
(b) the purpose of entry; and
(c) a description of things done while on the
25 premises; and
(d) the time of departure; and
(e) the procedure for contacting VicRoads for
further details of the entry.
(4) In addition to any power under this section, in
30 relation to a tow truck an inspector may do
anything he or she may do under section 181(2).
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Part 6--Enforcement
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189 Search warrant
(1) An inspector may apply to a magistrate for the
issue of a search warrant in relation to any
premises at which a person is conducting an
5 accident towing service business, or a business of
repairing accident damaged motor vehicles, if the
inspector believes on reasonable grounds that
there is, or may be within the next 72 hours, on
the premises, evidence of the commission of an
10 offence against this Act, regulations made under
this Act or a service standard.
(2) If a magistrate is satisfied that there are reasonable
grounds for suspecting that there is, or may be
within the next 72 hours, on any premises at
15 which the person is conducting an accident towing
service business, or a business of repairing
accident damaged motor vehicles, a thing or
things of a particular kind that may be evidence of
the commission of an offence against this Act,
20 regulations made under this Act or a service
standard, the magistrate may issue a search
warrant authorising an inspector named in the
warrant and any assistants the inspector considers
necessary--
25 (a) to enter the premises, or the part of premises,
named or described in the warrant; and
(b) to search for and seize any thing named or
described in the warrant.
(3) In addition to any other requirement, a search
30 warrant issued under this section must state--
(a) the offence suspected; and
(b) the premises to be searched; and
(c) a description of the thing for which the
search is to be made; and
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(d) any conditions to which the warrant is
subject; and
(e) whether entry is authorised to be made at any
time or during stated hours; and
5 (f) a day, not later than 7 days after the issue of
the warrant, on which the warrant ceases to
have effect.
(4) A search warrant must be issued in accordance
with the Magistrates' Court Act 1989 and in the
10 form set out in regulations made under that Act.
(5) Despite section 78 of the Magistrates' Court Act
1989, a search warrant must not authorise an
inspector to arrest a person.
(6) Subject to any provision to the contrary in this
15 Division, the rules to be observed with respect to
search warrants mentioned in the Magistrates'
Court Act 1989 extend and apply to warrants
under this section.
190 Announcement before entry
20 (1) Before executing a search warrant, the inspector
named in the warrant or any other person
authorised under section 189(2)--
(a) must announce that he or she is authorised
by the warrant to enter the premises; and
25 (b) must give any person at the premises an
opportunity to allow entry to the premises.
(2) An inspector need not comply with subsection (1)
if he or she believes on reasonable grounds that
immediate entry to the premises is required to
30 ensure--
(a) the safety of any person; or
(b) that the effective execution of the warrant is
not frustrated.
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Part 6--Enforcement
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191 Details of warrant to be given to occupier
(1) If the occupier is present at the premises where a
search warrant is being executed, the inspector
must--
5 (a) identify himself or herself to the occupier;
and
(b) give to the occupier a copy of the warrant.
(2) If the occupier is not present at the premises
where a search warrant is being executed, the
10 inspector must--
(a) identify himself or herself to a person at the
premises; and
(b) give the person a copy of the warrant.
192 Seizure of things not mentioned in the warrant
15 A search warrant authorises the inspector
executing the warrant, in addition to the seizure of
any thing of the kind described in the warrant, to
seize any thing which is not of the kind described
in the warrant if--
20 (a) the inspector believes on reasonable grounds
that the thing--
(i) is of a kind that could have been
included in a warrant issued under this
Division; or
25 (ii) will afford evidence about a
contravention of this Act, regulations
made under this Act or a service
standard; and
(b) in the case of seizure, the inspector believes
30 on reasonable grounds that it is necessary to
seize that thing in order to prevent its
concealment, loss or destruction or its use in
contravention of this Act, regulations made
under this Act or a service standard.
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193 Embargo notice
(1) An inspector executing a search warrant under
section 189 who is authorised by that warrant to
seize any thing may, if the thing cannot, or cannot
5 readily, be physically seized and removed, issue
an embargo notice in the prescribed form--
(a) by causing a copy of the notice to be served
on the occupier; or
(b) if that person cannot be located after all
10 reasonable steps have been taken to do so, by
affixing a copy of the notice to the thing in a
prominent position.
(2) A person who knows that an embargo notice
relates to a thing must not--
15 (a) sell; or
(b) lease; or
(c) without the written consent of the inspector
who issued the embargo notice, move; or
(d) transfer; or
20 (e) otherwise deal with--
the thing or any part of the thing.
Penalty: 60 penalty units.
(3) It is a defence to a prosecution for an offence
against subsection (2) to prove that the defendant
25 moved the thing or the part of the thing for the
purpose of protecting and preserving it.
(4) Despite anything in any other Act, a sale, lease,
transfer or other dealing with a thing in
contravention of this section is void.
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Division 7--Processes to deal with seized equipment or
goods
194 Use or seizure of electronic equipment at premises
(1) If--
5 (a) while acting under section 188, an inspector
finds a thing at the premises that is or
includes a disk, tape or other device for the
storage of information; and
(b) there is at the premises equipment that may
10 be used with the disk, tape or other storage
device; and
(c) the inspector believes on reasonable grounds
that information stored in the disk, tape or
other storage device may be relevant to
15 determine whether this Act, regulations
made under this Act or a service standard has
or have been complied with--
the inspector may operate, or may require the
occupier of the premises or an employee of the
20 occupier to operate, the equipment to access the
information.
(2) If the inspector finds that a disk, tape or other
storage device at the premises contains
information that the inspector believes on
25 reasonable grounds stores information that is
relevant to determine whether this Act, regulations
made under this Act or a service standard has or
have been complied with, the inspector--
(a) may put the information in a documentary
30 form and seize the documents so produced;
or
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s. 195
(b) may copy the information to another disk,
tape or other storage device and remove that
disk, tape or storage device from the
premises; or
5 (c) if it is not practicable to put the information
in a documentary form or to copy the
information, may seize the disk, tape or other
storage device and the equipment that
enables the information to be accessed.
10 (3) An inspector must not operate or seize equipment
for a purpose set out in this section unless the
inspector believes on reasonable grounds that the
operation can be carried out without damage to
the equipment.
15 195 Copies of certain things seized to be given
(1) If, in exercising a power under this Part, an
inspector seizes--
(a) a document; or
(b) a thing that can be readily copied; or
20 (c) a storage device that contains information
that can be readily copied--
the inspector must give a copy of the document,
thing or information (certified as correct by the
inspector) to the owner or the custodian of the
25 document, thing or device within 21 days after the
seizure.
(2) Subsection (1) does not apply if the inspector is
unable to discover the identity of the owner or
custodian of the document, thing or device.
30 (3) If it is not practicable to comply with subsection
(1) in respect of a thing before the inspector
finishes the search, the inspector must give a
receipt for it to the person from whom it is seized
and removed.
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(4) A copy of a document, thing or information,
certified under subsection (1) shall be received in
all courts and tribunals to be evidence of equal
validity to the original.
5 196 Access to seized things
(1) If a thing is seized under this Part, the inspector
who seized the thing must, if practicable, allow
the person who would normally be entitled to
possession of it reasonable access to it while it
10 remains in the possession, or under the control, of
the inspector.
(2) This section does not apply if the inspector has
given the person an accurate copy of the thing.
197 Retention and return of seized documents or things
15 (1) If an inspector seizes a document or other thing
under this Part, the inspector must take reasonable
steps to return the document or thing to the person
from whom it was seized if the reason for its
seizure no longer exists.
20 (2) If the document or thing seized has not been
returned within 3 months after it was seized, the
inspector must take reasonable steps to return it
unless--
(a) proceedings for the purpose for which the
25 document or thing was seized or retained
have commenced within that 3 month period
and those proceedings (including any appeal)
have not been completed; or
(b) the Magistrates' Court makes an order under
30 section 198 extending the period during
which the document or thing may be
retained.
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198 Magistrates' Court may extend 3 month period
(1) An inspector may apply to the Magistrates' Court
within 3 months after seizing a document or other
thing under this Part for an extension (not
5 exceeding 3 months) of the period for which the
inspector may retain the document or thing but so
that the total period of retention does not exceed
12 months.
(2) The Magistrates' Court may order such an
10 extension if it is satisfied that the total period of
retention of the document or thing does not
exceed 12 months and that retention of the
document or thing is necessary--
(a) for the purpose of an investigation into
15 whether a contravention of this Act,
regulations made under this Act or a service
standard has occurred; or
(b) to enable evidence of a contravention of this
Act, regulations made under this Act or a
20 service standard to be obtained for the
purpose of a proceeding under this Act.
(3) The Magistrates' Court may adjourn an
application to enable notice of the application to
be given to any person.
25 Division 8--General
199 Requirement to assist inspector during entry
To the extent that it is reasonably necessary to
determine compliance with this Act, regulations
made under this Act or a service standard, an
30 inspector exercising a power of entry in respect of
premises under and in accordance with Division 6
may require the occupier of the premises--
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Part 6--Enforcement
s. 200
(a) to give information to the inspector, orally or
in writing; and
(b) to produce documents to the inspector; and
(c) to give reasonable assistance to the inspector.
5 200 Self-incrimination not an excuse
(1) A person is not excused from complying with a
requirement or direction made under this Division
on the ground that complying with the
requirement or direction may result in information
10 being provided that might incriminate the person.
(2) Any information obtained from a natural person
under this Division is not admissible in evidence
against the person in criminal proceedings other
than proceedings in respect of the provision of
15 false information.
(3) Despite subsection (2), any information obtained
from a person under section 201 is admissible in
evidence against the person in criminal
proceedings.
20 (4) Despite subsection (2), any information obtained
from a person under this Division that is contained
in any document or item--
(a) that the person is required to keep by this
Act, regulations made under this Act or a
25 service standard; or
(b) that was obtained without the direct
assistance of the person--
is admissible in evidence against the person in any
criminal proceedings.
30 (5) For the purposes of subsection (4), a person
provides direct assistance in the obtaining of a
document or item if the person is required to
identify, to reveal the location of, or to explain the
contents of, the document or item.
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201 Direction to state name and address
(1) An inspector may, for the purpose of determining
compliance with this Act, regulations made under
this Act or a service standard, direct an individual
5 whom the inspector believes on reasonable
grounds is, or may be, the holder of an
accreditation or licence under this Act, to state his
or her name and business address.
(2) A person must comply immediately with a
10 direction under subsection (1).
Penalty: 5 penalty units.
(3) A person must not, in purported compliance with
a direction, knowingly provide a false name or
address.
15 Penalty: 5 penalty units.
(4) In any proceedings against a person for an offence
of failing to state the person's business address, it
is a defence if the person charged establishes that
the person did not have a business address or that
20 the person's business address was not connected
(directly or indirectly) with the provision of
accident towing services.
(5) This section does not affect any other law that
requires a person to state the person's name or
25 address.
202 Manner of giving directions
If giving a direction under this Act, the inspector
giving the direction must warn the person to
whom the direction is given that it is an offence
30 under this Act to fail to comply with the direction.
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Part 6--Enforcement
s. 203
203 Offences as to compliance with requirements of,
obstructing or hindering or impersonating an
inspector
(1) A person must not, without reasonable excuse,
5 refuse or fail to comply with a requirement of
VicRoads or an inspector under this Part.
Penalty: 60 penalty units.
(2) A person must not obstruct or hinder an inspector
who is exercising a power or function under this
10 Part.
Penalty: 60 penalty units.
(3) A person must not impersonate an inspector.
Penalty: 60 penalty units.
204 Persons who may bring proceedings
15 (1) The following persons are the only persons who
may bring proceedings for an offence against this
Act or regulations made under this Act--
(a) VicRoads;
(b) an authorised officer who has the written
20 authorisation of VicRoads (either generally
or in a particular case);
(c) a member of the force.
(2) VicRoads may give an authorisation for the
purposes of subsection (1)(b).
25 (3) An authorisation under subsection (2) is sufficient
authority to continue proceedings in any case
where the court amends the charge, warrant or
summons.
(4) An authorised officer who brings proceedings
30 may conduct the proceedings before the court.
__________________
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Part 7--Codes of Practice
s. 205
PART 7--CODES OF PRACTICE
205 Codes of practice
(1) For the purpose of providing practical guidance to
the holders of accreditations under this Act, the
5 Minister may approve one or more codes of
practice.
(2) A code of practice--
(a) may consist of any code, standard, rule,
specification or provision relating to any
10 aspect of the operating or driving of tow
trucks for the purpose of providing accident
towing services; and
(b) may apply, incorporate or refer to any
document formulated or published by any
15 body or authority as in force at the time the
code of practice is approved, or as amended,
formulated or published from time to time.
(3) The approval of a code of practice takes effect on
the day on which notice of the approval is
20 published in the Government Gazette, or on any
later day specified in the notice.
206 Amendment of approved codes of practice
(1) The Minister may approve any amendment to the
whole, or any part, of an approved code of
25 practice.
(2) The approval of an amendment to an approved
code of practice takes effect on the day on which
notice of the approval of the amendment is
published in the Government Gazette, or on any
30 later day specified in the notice.
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Part 7--Codes of Practice
s. 207
207 Revocation of approvals of codes of practice
(1) The Minister may revoke an approval of a code of
practice.
(2) The approval of an approved code of practice
5 ceases to have effect at the end of the day on
which notice of the revocation of the approval
under subsection (1) is published in the
Government Gazette, or on any later day specified
in the notice.
10 208 Availability of approved codes of practice
The Minister must cause--
(a) a current copy of every approved code of
practice; and
(b) a copy of every document applied,
15 incorporated or referred to in an approved
code of practice (in the form in which that
document has effect in the approved code of
practice)--
to be made available for inspection by members of
20 the public without charge at the office of
VicRoads during normal office hours.
209 Minister must consult before approving code of
practice or amendment or revocation of code of
practice
25 Before the Minister approves a code of practice or
any amendment of an approved code of practice,
or revocation of the approval of a code of practice
under this Part, the Minister must consult with any
person or body that may be affected by the
30 making, amending or revocation of the code of
practice.
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Part 7--Codes of Practice
s. 210
210 Effect of approved code of practice
A person does not incur any civil or criminal
liability merely because that person has failed to
comply with any provision of an approved code of
5 practice.
__________________
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Part 8--Miscellaneous
s. 211
PART 8--MISCELLANEOUS
211 Minister to determine charges for accident towing
services and other services
The Minister may determine the amounts that may
5 be charged by the providers of the following--
(a) accident towing services;
(b) the service of storing accident damaged
motor vehicles--
for the provision of those services.
10 212 Determinations of charges
(1) The Minister must not make a determination
under section 211 unless he or she--
(a) has referred the matter to the Commission
for investigation under Division 9 of Part VI
15 of the Transport Act 1983 and has received
the Commission's report on the investigation;
and
(b) has received a report from VicRoads.
(2) A determination of the Minister under
20 section 211--
(a) may be of general or of specially limited
application; and
(b) may differ according to differences in time,
place or circumstance.
25 (3) A determination under section 211 takes effect
when it is published in the Government Gazette,
or, if a later day is specified in the determination,
on that day.
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s. 213
(4) A determination under section 211 may be
amended or revoked and the provisions of this
section apply to any such amendment or
revocation of a determination in the same manner
5 as that in which they apply to the making of the
determination.
213 Power of VicRoads to determine fees
(1) VicRoads may determine fees for applications
under this Act.
10 (2) VicRoads must obtain the approval of the Minister
for any determination made under subsection (1).
(3) Any fee determined under subsection (1) may
differ according to differences in time, place or
circumstance.
15 (4) Any fee determined by VicRoads under
subsection (1) must be published in the
Government Gazette.
214 Power of delegation
Without limiting section 32(2) of the Transport
20 Act 1983, VicRoads may by instrument delegate
to a public sector employee employed by the
Department (by name or description of office) any
power VicRoads has under this Act other than this
power of delegation.
25 Note
Section 32(2) of the Transport Act 1983 gives VicRoads
the power to delegate its powers under any Act to an officer
of VicRoads.
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Accident Towing Services Bill 2007
Part 8--Miscellaneous
s. 215
215 Offence to provide false or misleading information
(1) A person must not either deliberately or
recklessly--
(a) provide any information under this Act that
5 is false or misleading; or
(b) provide under this Act any document that is
false or misleading; or
(c) make any representation under this Act that
provides a false or misleading impression; or
10 (d) fail to include any matter in any information
or document provided under this Act if the
failure causes the information or document
to be false or misleading; or
(e) engage in conduct, or a course of conduct,
15 for a purpose that is relevant to this Act, if
that conduct is misleading or deceptive, or is
likely to mislead or deceive.
Penalty: 50 penalty units.
(2) Subsection (1)(b) does not apply if, at the time the
20 person provided the document the person either--
(a) informed the person or body to whom the
document was provided that the record
contained a detail that was false or
misleading and specified in what respect it
25 was false or misleading; or
(b) took all reasonable steps to provide that
person or body with that information.
216 No compensation payable
(1) Subject to section 131, no compensation is
30 payable to any person in respect of or as a
consequence of any decision or determination
made under this Act--
561012B.I-17/4/2007 162 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 8--Miscellaneous
s. 217
(a) to grant, issue, renew, reject, suspend or
cancel any accreditation, licence or other
authority under this Act; or
(b) to add or vary any condition of a licence
5 under this Act; or
(c) to alter the depot or area in respect of which
any licence has been granted under this Act.
(2) Without limiting subsection (1) and subject to
section 131, no compensation is payable to any
10 person in respect of, or as a consequence of, a
decision of VicRoads under Part 3 or 4--
(a) to approve or refuse an application for
accreditation; or
(b) to impose a condition, restriction or other
15 limitation on an accreditation; or
(c) to vary or revoke a condition, restriction or
other limitation on an accreditation; or
(d) to take disciplinary action.
217 Service of documents on natural persons
20 A document required or permitted by this Act to
be served on a person other than a corporation
must be served--
(a) by delivering the document to that person
personally; or
25 (b) by prepaying and posting the document as a
letter addressed to that person at his or her
last known place of residence or business or,
if he or she is carrying on business at 2 or
more places, at one of those places; or
30 (c) by leaving the document at the last known
place of residence of that person with some
person apparently a resident of that place and
apparently not less than 16 years of age; or
561012B.I-17/4/2007 163 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 8--Miscellaneous
s. 218
(d) by leaving the document at the last known
place of business of that person, or if he or
she is carrying on business at 2 or more
places, at one of those places, with some
5 person apparently in the service of that
person and apparently not less than sixteen
years of age.
218 Service of documents on corporations and address
of corporations
10 (1) A document required by this Act to be served on a
person, being a corporation, must be served--
(a) by prepaying and posting the document as a
letter addressed to the corporation at its last
known place of business or, if it is carrying
15 on business at two or more places, at one of
those places; or
(b) by leaving it at that place, or at one of those
places, with some person apparently in the
service of the corporation and apparently not
20 less than sixteen years of age.
(2) A corporation's address is the corporation's
registered office under the Corporations Act or the
corporation's principal place of business.
219 When service deemed to be effective
25 (1) Subject to evidence to the contrary, if a document
required or permitted by this Act to be served on a
person was posted to an accredited person at the
address shown on the person's certificate of
accreditation, the person is deemed to have
30 received the notice on the third postal business
day after it was posted.
561012B.I-17/4/2007 164 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 8--Miscellaneous
s. 220
(2) Subject to evidence to the contrary, if a document
required or permitted by this Act to be served on
the holder of a licence under Part 2 was posted to
the licence holder at the address shown on the
5 person's licence certificate, the person is deemed
to have received the notice on the third postal
business day after it was posted.
220 Evidentiary provisions
(1) A certificate purporting to be signed by the Chief
10 Executive of VicRoads, appointed under the
Transport Act 1983, certifying any of the matters
set out in subsection (2) is admissible in evidence
in any proceeding and, in the absence of evidence
to the contrary, is proof of the matters stated in the
15 certificate.
(2) A certificate referred to in subsection (1) may
certify any of the following matters--
(a) that on a stated day, a stated document was
the whole or a part of a register kept under
20 section 31(4) or 164;
(b) that on a stated day a person was, or was not,
an authorised officer;
(c) that a stated document is an instrument of
appointment made under section 178(1);
25 (d) that a stated document is an identity card, or
a copy of an identity card, issued under
section 179(1);
(e) that a stated document is a Ministerial
authorisation made under section 14(1)
30 or 15(1);
(f) that an authorised officer is authorised by
VicRoads under section 204(1)(b) to bring
proceedings for an offence against this Act
or regulations made under this Act;
561012B.I-17/4/2007 165 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 8--Miscellaneous
s. 221
(g) that a stated document is--
(i) a certificate of a tow truck licence
issued under section 24(1);
(ii) a certificate of accreditation issued
5 under section 76(1) or 116(1);
(iii) a replacement certificate of
accreditation issued under section 76(3)
or 116(2);
(iv) an improvement notice made under
10 section 174;
(v) an instrument of delegation under
section 214;
(h) that a stated document is a copy of a thing
referred to in paragraph (g).
15 221 Offences by bodies corporate
(1) If a body corporate contravenes any provision of
this Act, each officer (within the meaning of
section 9 of the Corporations Act) of the body
corporate who knowingly authorised or permitted
20 the contravention is to be taken to have
contravened the same provision.
(2) A person may be proceeded against and convicted
under a provision in accordance with subsection
(1), whether or not the body corporate has been
25 proceeded against or convicted.
(3) Nothing in this section affects any liability
imposed on a body corporate for an offence
committed by the body corporate against this Act.
561012B.I-17/4/2007 166 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 8--Miscellaneous
s. 222
222 Conduct by officers, employees or agents
(1) For the purpose of any proceedings under this Act,
any conduct engaged in on behalf of a body
corporate is deemed to have been engaged in also
5 by the body corporate, if the conduct was engaged
in by an employee, agent or officer (within the
meaning of section 9 of the Corporations Act) of
the body corporate within the scope of the
employee, agent or officer's actual or apparent
10 authority.
(2) For the purpose of any proceedings under this Act,
any conduct engaged in on behalf of a person
other than a body corporate (the principal) is
deemed to have been engaged in also by the
15 principal, if the conduct was engaged in by an
employee of the principal within the scope of the
employee's actual or apparent authority.
(3) If, in any proceedings under this Act, it is
necessary to establish the state of mind of a body
20 corporate in relation to particular conduct, it is
sufficient to show--
(a) that the conduct was engaged in by an officer
of that body corporate within the scope of
the officer's actual or apparent authority and
25 the officer had that state of mind; or
(b) that the conduct was engaged in by an agent
of the body corporate and--
(i) the agent acted at the specific direction
or with the specific consent or
30 agreement of the body corporate; or
(ii) the agent had that state of mind; or
(iii) the body corporate was aware of the
agent's state of mind when the conduct
was engaged in.
561012B.I-17/4/2007 167 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 8--Miscellaneous
s. 223
(4) If, in any proceedings under this Act, it is
necessary to establish the state of mind of a person
other than a body corporate in relation to
particular conduct, it is sufficient to show--
5 (a) that the conduct was engaged in by an
employee of that person within the scope of
the employee's actual or apparent authority
and the employee had that state of mind; or
(b) that the conduct was engaged in by an agent
10 of the person and--
(i) the agent acted at the specific direction
or with the specific consent or
agreement of the person; or
(ii) the agent had that state of mind; or
15 (iii) the person was aware of the agent's
state of mind when the conduct was
engaged in.
(5) A reference in this section to the state of mind of a
person includes a reference to the knowledge,
20 intention, opinion, belief or purpose of the person
and the person's reasons for the intention, opinion,
belief or purpose.
223 Regulations
(1) The Governor in Council may make regulations
25 for or with respect to the following--
(a) prescribing and regulating in respect of
persons who are holders of accreditations
under this Act--
(i) the conduct and duties of such persons;
30 and
(ii) generally, conditions relating to the
operation and use of motor vehicles
when driven by such persons;
561012B.I-17/4/2007 168 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 8--Miscellaneous
s. 223
(b) accreditations under this Act, including, but
not limited to--
(i) conditions to which such accreditations
or any class of such accreditations are
5 subject; and
(ii) qualifications to be required of, and the
tests to be passed by, applicants for
such accreditations; and
(iii) applications for such accreditations and
10 the cancellation or suspension of such
accreditations;
(c) licences under this Act, including but not
limited to--
(i) conditions to which such licences or
15 any class of such licences are subject;
and
(ii) applications for such licences and the
cancellation or suspension of such
licences;
20 (d) the operation of road accident scene rosters
in controlled areas, including, but not limited
to, the removal or suspension of persons
from the roster;
(e) duties of tow truck drivers at road accident
25 scenes;
(f) the design, construction, equipment,
maintenance and repair of tow trucks used
for the purpose of providing accident towing
services;
30 (g) any matter with respect to the demerits
system and the Accident Towing Demerits
Register;
561012B.I-17/4/2007 169 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 8--Miscellaneous
s. 223
(h) prescribing offences to be infringement
offences and prescribing the penalties for
those offences;
(i) prescribing requirements to keep records and
5 the manner and form in which records are to
be kept;
(j) authorities to tow;
(k) prescribing forms;
(l) prescribing fees;
10 (m) any matter or thing required or permitted by
this Act to be prescribed or necessary to be
prescribed to give effect to this Act.
(2) Any regulations made under this section--
(a) may be of general or of specially limited
15 application; and
(b) may differ according to differences in time,
place or circumstance; and
(c) may prescribe penalties of not more than
20 penalty units for any contravention of the
20 regulations; and
(d) may confer a power or discretionary
authority on a person or body or a class of
person or body; and
(e) may apply, adopt or incorporate (with or
25 without modification) any matter contained
in a document as in force at the time the
regulations are made or at any time before
then; and
561012B.I-17/4/2007 170 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 8--Miscellaneous
s. 224
(f) may provide for the exemption of a specified
person, body or thing or a specified class of
person, body or thing from any of the
provisions of the regulations, whether
5 unconditionally or on specified conditions
and either wholly or to such an extent as is
specified.
224 Transitional provisions for commencement of new
Scheme
10 Schedule 3 has effect.
__________________
561012B.I-17/4/2007 171 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 9--Amendments to the Transport Act and other Acts
s. 225
PART 9--AMENDMENTS TO THE TRANSPORT ACT AND
OTHER ACTS
See: Division 1--Amendments to the Transport Act 1983
Act No.
9921.
Reprint No. 12 225 Objects and functions of Roads Corporation
as at
5 1 January In section 16(2) of the Transport Act 1983, for
2007
and "2004" substitute "2004, the Accident Towing
amending Services Act 2007".
Act Nos
95/2005,
97/2005,
226 Substitution of heading to Part VI
9/2006,
47/2006, For the heading to Part VI of the Transport Act
10 48/2006, 1983 substitute--
71/2006 and
85/2006.
LawToday: "PART VI--LICENSING OF CERTAIN
www. VEHICLES AND DRIVER ACCREDITATION".
legislation.
vic.gov.au
227 Definitions
(1) In section 86(1) of the Transport Act 1983
15 repeal the following definitions--
(a) accident; and
(b) accident scene; and
(c) accident tow truck; and
(d) accident towing; and
20 (e) allocation centre; and
(f) authority to tow; and
(g) carry; and
(h) controlled area; and
(i) damaged motor vehicle; and
25 (j) heavy accident tow truck; and
(k) operator, in relation to a tow truck; and
(l) tow; and
561012B.I-17/4/2007 172 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 9--Amendments to the Transport Act and other Acts
s. 228
(m) tow truck; and
(n) tow truck licence; and
(o) trade towing.
(2) In section 86(1) of the Transport Act 1983 in the
5 definition of owner--
(a) in paragraphs (a) and (b), for "commercial
passenger vehicle, commercial goods vehicle
or tow truck" substitute "commercial
passenger vehicle or commercial goods
10 vehicle";
(b) in paragraph (c), for--
"(ii) a commercial goods vehicle;
(v) a tow truck--"
substitute--
15 "(ii) a commercial goods vehicle--".
228 Annual licence fees
(1) In section 147A(1) of the Transport Act 1983--
(a) omit "or tow truck licence";
(b) omit "or tow truck (as the case requires)".
20 (2) In section 147A(3) of the Transport Act 1983,
omit "or tow truck licence".
(3) Sections 147A(4) and (5) of the Transport
Act 1983 is repealed.
229 Setting of fees
25 In section 147B(1) of the Transport Act 1983--
(a) for paragraph (a) substitute--
"(a) the fees payable under sections 140(2),
143A(7)(b), 147A(1) and (4),
149(1A)(b), 150(3), 151(2), 152 and
30 154(2); and";
561012B.I-17/4/2007 173 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 9--Amendments to the Transport Act and other Acts
s. 230
(b) in paragraph (b), omit "or tow trucks" and
"or tow truck".
230 Goods vehicle used as passenger vehicle to be
licensed
5 For section 155(2)(d) of the Transport Act 1983
substitute--
"(d) carried in a tow truck, if that carriage is not
prohibited under the Accident Towing
Services Act 2007.".
10 231 Repeal of Division 8 of Part VI, Tow Trucks
Division 8 of Part VI of the Transport Act 1983
is repealed.
232 Reference by Minister
For section 186(1)(c) of the Transport Act 1983
15 substitute--
"(c) charges determined under section 213 of the
Accident Towing Services Act 2007--".
See: Division 2--Amendments to the Road Safety Act 1986
Act No.
127/1986.
Reprint No. 10 233 Definitions
as at
20 9 November (1) In section 3(1) of the Road Safety Act 1986, for
2006 and
amending the definition of commercial motor vehicle
Act Nos substitute--
19/1991,
97/2005,
48/2006 and
"commercial motor vehicle means--
81/2006.
LawToday: (a) a commercial goods vehicle or a
25 www. commercial passenger vehicle within
legislation.
vic.gov.au the meaning of Part VI of the
Transport Act 1983; or
(b) a tow truck within the meaning of the
Accident Towing Services Act 2007;".
561012B.I-17/4/2007 174 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 9--Amendments to the Transport Act and other Acts
s. 234
(2) In section 84C(1) of the Road Safety Act 1986, in
the definition of tow truck for "Transport Act
1983" substitute "Accident Towing Services
Act 2007".
5 234 Removal of vehicles from council controlled areas
(1) For section 90F(3) of the Road Safety Act 1986
substitute--
"(3) A vehicle removed in accordance with this
section from a council controlled area must
10 be towed from the area by a tow truck,
within the meaning of the Accident Towing
Services Act 2007.".
(2) Section 90F(4) of the Road Safety Act 1986 is
repealed.
15 (3) For section 90F(5) of the Road Safety Act 1986
substitute--
"(5) A vehicle that has been towed under this
section must be taken to, and stored at, the
place specified by the member of the police
20 force and released to its owner or the owner's
agent on payment by that person of a release
fee.".
235 Disclosure of information
After section 92(3)(g) of the Road Safety Act
25 1986 insert--
"(ga) for the purposes of the Accident Towing
Services Act 2007;".
561012B.I-17/4/2007 175 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 9--Amendments to the Transport Act and other Acts
s. 236
Division 3--Amendments to the Infringements Act 2006, the
Police Regulation Act 1958 and the Melbourne City Link
Act 1995
See: 236 Alteration of references in the Infringements
Act No.
5 12/2006. Act 2006
Reprint No. 1
as at (1) For section 34(b) of the Infringements Act 2006
1 July 2006
and
substitute--
amending
Act Nos "(b) an offence under the Accident Towing
48/2006 and Services Act 2007 does not prevent the
81/2006.
10 LawToday: incurring of accident towing demerit points
www.dms. under that Act in relation to that offence.".
dpc.vic.
gov.au (2) In section 98 of the Infringements Act 2006, for
"Part VI of the Transport Act 1983 operating in
accordance with a licence granted under
15 Division 8 of that Part" substitute "the Accident
Towing Services Act 2007".
See: 237 Alteration of references in the Police Regulation
Act No.
6338. Act 1958
Reprint No. 11
as at In section 127A(1F) of the Police Regulation Act
9 November
20 2006
1958--
and
amending (a) for "a tow truck operator within the meaning
Act Nos of Part VI of the Transport Act 1983"
97/2005,
24/2006, substitute "the operator or driver of a tow
43/2006 and truck, within the meaning of the Accident
48/2006.
25 LawToday: Towing Services Act 2007, or a person who
www. manages a depot, within the meaning of that
legislation.
vic.gov.au Act,";
(b) for "92(3)(d)" substitute "92(3)(da)".
561012B.I-17/4/2007 176 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Part 9--Amendments to the Transport Act and other Acts
s. 238
238 Amendment of Melbourne City Link Act 1995 See:
Act No.
Section 114A(3) of the Melbourne City Link Act 107/1995.
1995 is repealed. Reprint No. 6
as at
10 February
2006
and
amending
Act Nos
61/2005,
32/2006,
48/2006,
63/2006,
74/2006,
81/2006 and
85/2006.
LawToday:
www.
legislation.
vic.gov.au
239 Repeal of Part
5 This Part is repealed on 1 January 2010.
__________________
561012B.I-17/4/2007 177 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Sch. 1
SCHEDULES
SCHEDULE 1
Sections 66, 67, 68, 70(3), 79, 80, 87, 92
INDUSTRY ACCREDITATION OFFENCES
5 1 Serious violent offences
The offences listed in this clause are the
following--
(a) an offence specified in clause 3 of
Schedule 1 to the Sentencing Act 1991; or
10 (b) an offence under a law of a jurisdiction other
than Victoria (including jurisdictions outside
Australia) that, if it had been committed in
Victoria, would have constituted an offence
of a kind listed in paragraph (a).
15 2 Fraud, dishonesty, violence, sexual offences or drug
trafficking
The offences listed in this clause are the
following--
(a) an offence specified in clause 1 of
20 Schedule 1 to the Sentencing Act 1991 that
is not an offence of a kind listed in
clause 1(a); or
(b) an offence involving fraud, dishonesty, or
violence punishable by imprisonment of
25 3 months or more; or
(c) an offence specified in clause 2 of
Schedule 1 to the Sentencing Act 1991 that
is not an offence specified in clause 3 of that
Schedule or referred to in paragraph (b); or
561012B.I-17/4/2007 178 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Sch. 1
(d) an offence specified in clause 4 of
Schedule 1 to the Sentencing Act 1991 that
is not an offence of a kind listed in
paragraph (b); or
5 (e) an offence under a law of a jurisdiction other
than Victoria (including jurisdictions outside
Australia) that, if it had been committed in
Victoria, would have constituted an offence
of a kind listed in this clause.
10 3 Other offences
The offences listed in this clause are any offences
that are not offences of a kind listed in clauses 1
or 2.
__________________
561012B.I-17/4/2007 179 BILL LA INTRODUCTION 17/4/2007
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Sch. 2
SCHEDULE 2
Sections 107, 108, 109, 111(3), 122, 124, 128(2), 132(5), 136
DRIVER ACCREDITATION OFFENCES
1 Serious violent offences and sexual offences
5 The offences listed in this clause are the
following--
(a) an offence specified in clause 3 of
Schedule 1 to the Sentencing Act 1991; or
(b) an offence against the Crimes Act 1958 that
10 involves sexual penetration (within the
meaning given by section 35(1) of the
Crimes Act 1958); or
(c) an offence against a provision of the Crimes
Act 1958 amended or repealed before the
15 commencement of Part 9 of this Act of
which the necessary elements at the time it
was committed consisted of elements that
constitute an offence of a kind listed in
paragraph (b); or
20 (d) an offence under a law of a jurisdiction other
than Victoria (including jurisdictions outside
Australia) that, if it had been committed in
Victoria, would have constituted an offence
of a kind listed in this clause.
25 2 Fraud, dishonesty, violence, sexual offences or drug
trafficking
The offences listed in this clause are the
following--
(a) an offence specified in clause 1 of
30 Schedule 1 to the Sentencing Act 1991 that
is not an offence of a kind listed in
clause 1(a); or
561012B.I-17/4/2007 180 BILL LA INTRODUCTION 17/4/2007
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Sch. 2
(b) an offence involving fraud, dishonesty, or
violence punishable by imprisonment of
3 months or more; or
(c) an offence specified in clause 2 of
5 Schedule 1 to the Sentencing Act 1991 that
is not an offence specified in clause 3 of that
Schedule or referred to in paragraph (b); or
(d) an offence specified in clause 4 of
Schedule 1 to the Sentencing Act 1991 that
10 is not an offence of a kind listed in
paragraph (b); or
(e) an offence under a law of a jurisdiction other
than Victoria (including jurisdictions outside
Australia) that, if it had been committed in
15 Victoria, would have constituted an offence
of a kind listed in this clause.
3 Other offences
The offences listed in this clause are any offences
that are not offences of a kind listed in clauses 1
20 or 2.
__________________
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Accident Towing Services Bill 2007
Sch. 3
SCHEDULE 3
Section 224
TRANSITIONAL PROVISIONS FOR NEW ACCIDENT
TOWING SERVICES SCHEME
5 1 Definitions
In this Schedule--
commencement day means the day on which
Part 9 of this Act commences;
disqualified person, in respect of--
10 (a) tow truck driver accreditation, means a
person in respect of whom, if the
person were to be an applicant for tow
truck driver accreditation, VicRoads
would be required to refuse
15 accreditation under section 107; or
(b) towing operator accreditation, means a
person in respect of whom, if the
person were to be an applicant for a
towing operator accreditation,
20 VicRoads would be required to refuse
the accreditation under section 66(1);
old Act means the Transport Act 1983 as in force
immediately before the commencement day;
old accident towing licence means an accident
25 towing licence, within the meaning of
Part VI of the old Act, being a licence that is
in force immediately before the
commencement day;
old demerits register means the register of demerit
30 points kept by the Secretary under section
181B of the old Act as in force immediately
before the commencement day;
561012B.I-17/4/2007 182 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Sch. 3
old driver authority means an accident towing
driver authority that has been issued under
section 182B of the old Act and that is in
force immediately before the commencement
5 day;
old heavy accident tow truck towing licence
means a heavy accident tow truck towing
licence, within the meaning of Part VI of the
old Act, that is in force immediately before
10 the commencement day;
old limited tow truck licence means--
(a) a heavy accident towing licence within
the meaning of Part VI of the old Act;
or
15 (b) an accident towing licence within the
meaning of Part VI of the old Act--
that is in force immediately before the
commencement day and that is held by a
relevant agency;
20 Secretary means the person who is, for the time
being, the Department Head (within the
meaning of the Public Administration Act
2004) of the Department.
2 Tow Truck Driver Authorities
25 A person who was, immediately before the
commencement day, the holder of an old driver
authority--
(a) who is not a disqualified person; or
(b) who is a disqualified person who has been
30 determined to be eligible by VicRoads under
clause 10(1)(a)--
is taken to be the holder of a tow truck driver
accreditation that is taken to--
561012B.I-17/4/2007 183 BILL LA INTRODUCTION 17/4/2007
Accident Towing Services Bill 2007
Sch. 3
(c) continue in force for the remainder of the
period of the old driver authority; and
(d) be subject to the same conditions as those
that applied to the old driver authority
5 immediately before the commencement day,
to the extent that those conditions are not
inconsistent with this Act.
3 Accident towing licences
(1) A person who was, immediately before the
10 commencement day, the holder of an old heavy
accident tow truck towing licence is taken to be
the holder of a heavy tow truck licence--
(a) for which the tow truck, to which the licence
applied immediately before the
15 commencement day, is taken to be the
specified tow truck for the licence; and
(b) that--
(i) is taken to continue in force for the
remainder of the period of the old
20 licence; and
(ii) is taken to be subject to the same
conditions as those that applied to the
old licence immediately before the
commencement day, to the extent that
25 those conditions are not inconsistent
with this Act or regulations made under
this Act; and
(iii) in the case of such a licence that is an
old limited tow truck licence, is taken
30 to be a limited tow truck licence.
(2) A person who was, immediately before the
commencement day, the holder of an old accident
towing licence is taken to be the holder of a
regular tow truck licence--
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(a) for which the tow truck, to which the licence
applied immediately before the
commencement day, is taken to be the
specified tow truck for the licence; and
5 (b) that--
(i) is taken to continue in force for the
remainder of the period of the old
licence; and
(ii) is taken to be subject to the same
10 conditions as those that applied to the
old licence immediately before the
commencement day, to the extent that
those conditions are not inconsistent
with this Act or regulations made under
15 this Act; and
(iii) in the case of such a licence that is an
old limited tow truck licence, is taken
to be a limited tow truck licence.
4 Operator accreditations
20 A person who was, immediately before the
commencement day, the holder of an old heavy
accident tow truck towing licence or the holder of
an old accident towing licence--
(a) who is not a disqualified person; or
25 (b) who is a disqualified person who has been
determined to be eligible by VicRoads under
clause 10(1)(b) or 10(1)(c)--
is taken to be the holder of a towing operator
accreditation that is to be taken to remain in force
30 for a period of 12 months from the
commencement day, unless sooner cancelled or
suspended under this Act.
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5 Demerit points
If, immediately before the commencement day, a
person is recorded in the old demerits register as
having incurred demerit points, the demerit points
5 so recorded are taken to be accident towing
demerit points within the meaning of this Act
incurred by that person and, for the purposes of
this Act, the point in time at which the demerit
points have been incurred is to be taken to be the
10 same point in time as that which applied under the
old Act.
6 Determination of tow truck charges
A determination of the Minister that has been
made under section 184A of the old Act, and that
15 is in force immediately before the commencement
day, is taken to be a determination made under
section 211 and may be amended or revoked
accordingly.
7 Continuation of operation of regulations
20 If Part 9 of this Act commences before
14 November 2008, despite that commencement,
Part 4 of the Transport (Tow Truck) Regulations
2005, as in force immediately before that
commencement is to be taken to continue in force
25 until 14 November 2008, as if the Regulations
were made under this Act, and the following
provisions apply--
(a) the Regulations may be amended or revoked
as if they were made under this Act;
30 (b) in the Regulations--
licensing authority is to be taken to mean
VicRoads.
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8 Saving of references in agreements etc.
(1) Any reference to the Director of Public Transport
in any relevant agreement, instrument, deed or
other document, so far as it relates to any period
5 after the commencement day and if not
inconsistent with the context or subject-matter,
must be construed as a reference to VicRoads.
(2) In this clause--
relevant agreement, instrument, deed or other
10 document means any agreement, instrument,
deed or other document--
(a) entered into under Division 8 of Part VI
of the Transport Act 1983 (as in force
before its repeal by this Act); and
15 (b) in force immediately before the
commencement day.
9 Melbourne controlled area
(1) Despite the commencement of Part 9 of this Act,
the Melbourne controlled area is to be taken to be
20 the area described by a declaration published in
the Government Gazette on 31 October 2002 at
pages 2919 to 2921.
(2) This clause is repealed on the first anniversary of
its commencement.
25 10 Determinations of eligibility
(1) VicRoads may determine that--
(a) the holder of an old driver authority who is a
disqualified person in respect of tow truck
driver accreditation is eligible to be taken to
30 be the holder of a tow truck driver
accreditation; or
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(b) the holder of an old heavy accident tow truck
towing licence who is a disqualified person
in respect of towing operator accreditation is
eligible to be taken to be the holder of a
5 towing operator accreditation; or
(c) the holder of an old accident towing licence
who is a disqualified person in respect of
towing operator accreditation is eligible to be
taken to be the holder of a towing operator
10 accreditation.
(2) VicRoads must--
(a) refuse an application for a determination
under subclause (1)(a) unless VicRoads is
satisfied that the applicant has demonstrated
15 that there are exceptional circumstances that
make the determination appropriate having
regard to the driver accreditation objective.
(b) refuse an application for a determination
under subclause (1)(b) or (c) unless
20 VicRoads is satisfied that the applicant has
demonstrated that there are exceptional
circumstances that make the determination
appropriate having regard to the industry
accreditation objective.
25 (3) In making a determination under subclause (1)
VicRoads may have regard to all or any of the
following matters--
(a) the nature and gravity of any relevant
offence or alleged offence and its relevance
30 to the activities in respect of which
accreditation is sought; and
(b) the period of time since the offence or
alleged offence was committed or was
alleged to have been committed; and
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(c) if there has been a finding of guilt or a
conviction, whether the finding of guilt or
the conviction was recorded; and
(d) if there has been a finding of guilt or a
5 conviction, the sentence (if any) imposed for
the offence; and
(e) the age of the applicant or nominated person
or relevant person when the offence or
alleged offence was committed or was
10 alleged to have been committed; and
(f) if there has been a finding of guilt or a
conviction, whether or not the conduct that
constituted the offence has been
decriminalised since the offence was
15 committed; and
(g) the behaviour of the applicant or nominated
person or relevant person since committing
the offence or since the offence was alleged
to have been committed; and
20 (h) the likelihood of the applicant or nominated
person or relevant person committing an
offence in the future, in particular, any future
threat to persons involved in accidents or the
owners of accident damaged motor vehicles;
25 and
(i) any information given by the applicant,
nominated person or relevant person; and
(j) any other matter that VicRoads considers
relevant.
30 (4) A person who is the holder of an old driver
authority, an old heavy accident tow truck towing
licence or an old accident towing licence may
apply to VicRoads for a determination under
subclause (1).
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(5) An application under this clause must be made
before the commencement day.
(6) So far as is necessary to give effect to this clause
before the commencement day, words and phrases
5 used in this clause have the same meaning as they
would have if the remaining provisions of the Act
were in operation.
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Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561012B.I-17/4/2007 191 BILL LA INTRODUCTION 17/4/2007
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