New South Wales: Tow Truck Industry Act 1998 (NSW)

Tow Truck Industry Act 1998 No 111 An Act to provide for a licensing and certification scheme for tow truck operators and drivers, and to regulate other matters relating to the tow truck industry; to repeal the Tow Truck Act 1989; to amend certain other Acts; and for other purposes. Part 1 Preliminary 1 Name of Act This Act is the Tow Truck Industry Act 1998. 2 Commencement This Act commences on a day or days to be appointed by proclamation. 3 Definitions (1) In this Act— accident means any collision, impact or other event (however caused) resulting in damage to a motor vehicle. accident towing work means the towing or carrying away by a tow truck of a motor vehicle involved in an accident, either from the scene of the accident or from the place to which the motor vehicle has been moved following the accident. approved means approved by the Secretary from time to time. authorised officer means a person employed in the Public Service or the Transport Service who is authorised in writing by the Secretary as an authorised officer for the purposes of this Act. certified driver means the holder of a drivers certificate. close associate—see section 5. criminal intelligence means information classified by the Commissioner of Police as criminal intelligence within the meaning of the Crimes (Criminal Organisations Control) Act 2012, or declared by the Supreme Court under that Act to be criminal intelligence. Department means the Department of Customer Service. driver licence means a driver licence within the meaning of the Road Transport Act 2013. drivers certificate means a tow truck drivers certificate in force under this Act. emergency services officer means an officer or employee of an emergency services organisation within the meaning of the State Emergency and Rescue Management Act 1989. exercise a function includes perform a duty. function includes a power, authority or duty. holding yard means a place used for the purposes of the safekeeping of towed motor vehicles. licence means a tow truck operators licence in force under this Act. licensed tow truck means a tow truck that is used or operated under the authority of a licence. licensee means the holder of a licence. motor vehicle means a motor vehicle (other than a light rail vehicle) or trailer within the meaning of the Road Transport Act 2013. operate a tow truck includes tow a motor vehicle by means of the tow truck. road means a road within the meaning of section 4(1) of the Road Transport Act 2013 (other than a road that is the subject of a declaration made under section 18(1)(b) of that Act relating to all of the provisions of that Act). road related area means a road related area within the meaning of section 4(1) of the Road Transport Act 2013 (other than a road related area that is the subject of a declaration made under section 18(1)(b) of that Act relating to all of the provisions of that Act). scene of an accident means an area proximate to the point where a motor vehicle involved in an accident has, as an immediate result of the accident, come or been brought to a stationary position. Secretary means the Secretary of the Department. tow includes— (a) lift and tow, or lift and carry, and (b) lift for the purpose of towing or carrying, and (c) carry on a trailer, and (d) place onto a trailer for the purpose of carrying, and (e) any other action prescribed by the regulations for the purposes of this definition, but does not include any activity declared by the regulations not to be towing for the purposes of this Act. tow truck—see section 4. tow truck operator means a person who conducts a business involving the operation of any tow truck for the purposes of towing motor vehicles. towing authorisation means an authorisation required under Part 4. Note— The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act. (2) A reference in this Act to an application for a licence or drivers certificate includes a reference to an application for the renewal of a licence or drivers certificate. (3) Notes included in this Act do not form part of this Act. 4 Meaning of "tow truck" (1) In this Act, a tow truck means any of the following motor vehicles that are used or operated for the purposes of towing motor vehicles— (a) a motor vehicle that is equipped with a lifting device, (b) a motor vehicle that is equipped with a trailer, towing attachment or other similar device, (c) a motor vehicle that is fitted with a tilt table-top, or with a tilt table-top and winch, (d) a motor vehicle that is fitted with a self-loading table-top that is capable of being detached from the motor vehicle for the purpose of loading or unloading another vehicle, (e) any other motor vehicle prescribed by the regulations for the purposes of this definition. (2) A tow truck does not include— (a) a motor vehicle that is declared by the regulations not to be a tow truck for the purposes of this Act (any such motor vehicle may be described by reference to a particular class of motor vehicle), or (b) a motor vehicle referred to in subsection (1) if it is used or operated in such circumstances, or for such purposes, as may be prescribed by the regulations for the purposes of this subsection. 5 Meaning of "close associate" (1) For the purposes of this Act, a person is a close associate of an applicant for a licence, or of a licensee (whether or not that applicant or licensee is a corporation), if the person— (a) holds or will hold any relevant financial interest, or exercises any relevant power (whether in his or her own right, or through an agent or on behalf of any other person), in the business of the applicant or licensee, and by virtue of that interest or power is or will be able (in the opinion of the Secretary) to exercise a significant influence over or with respect to the conduct of that business, or (b) holds or will hold any relevant position, whether in his or her own right, or through an agent or on behalf of any other person, in the business of the applicant or licensee. (2) In this section— relevant financial interest in relation to a business means— (a) any share in the capital of the business, or (b) any entitlement to receive any income derived from the business, whether the entitlement arises at law or in equity or otherwise. relevant position means the position of director, manager, and any other executive position and secretary, however those positions are designated, and such other positions as may be prescribed by the regulations for the purposes of this definition. relevant power means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others— (a) to participate in the day to day management of the business concerned, or (b) to participate in any directorial, managerial or executive decision, or (c) to elect or appoint any person to any relevant position. 6 Application of Act (1) Except to the extent provided by subsection (2), this Act does not apply to or in respect of a tow truck operated by the Crown or a statutory body representing the Crown. (2) This Act applies to persons (other than employees of the Crown or of a statutory body representing the Crown) who carry out tow truck operations under a contract or arrangement made or entered into with the Crown or a statutory body representing the Crown. (3) The regulations may exempt a class of persons from the operation of any provision or requirement of this Act in such circumstances, and subject to such conditions, as may be specified in the regulations. Any such regulation may create offences in relation to a failure to comply with a condition prescribed in relation to an exemption. 6A Act does not apply to towing, salvage or storage of certain motor vehicles This Act does not apply to the towing, salvage or storage of— (a) a forklift truck, or (b) a golf buggy, or (c) a ride-on mower, or (d) an excavator, or (e) a cherry picker, or (f) any other motor vehicle or class of motor vehicle prescribed by the regulations for the purposes of this section. Part 2 8–14 (Repealed) Part 3 Tow truck operators licences and drivers certificates Division 1 Tow truck operators licences 15 Requirement for tow truck operators to be licensed A person must not carry on business as a tow truck operator unless the person holds a tow truck operators licence that authorises the kind of towing work carried on by the person in the course of that business. Maximum penalty—100 penalty units or imprisonment for 12 months, or both. 16 Classes of licences (1) The Secretary may determine different classes of licences that relate to different kinds of towing work. (2) The class of a licence, and the kind of towing work authorised by the licence, is to be endorsed on the licence. 17 Application for licence (1) A person may apply to the Secretary for a licence. (2) An application for a licence must— (a) be in the approved form, and (a1) (Repealed) (b) specify the place at which the applicant intends to keep the records and documents required to be made under this Act in connection with the applicant's business as a tow truck operator (referred to in this Act as the place of business), and (c) specify each place intended to be used as a holding yard in carrying on that business, and (d) specify the number of tow trucks to be operated by the applicant in carrying on that business, and (e) provide proof that the applicant is the responsible person (within the meaning of the Road Transport Act 2013) for each of those tow trucks, and (f) specify the names of each close associate of the applicant, and (g) contain such other particulars as may be prescribed by the regulations or as are required by the approved form, and (h) be accompanied by the fee (if any) prescribed by the regulations. 18 Restrictions on granting licence (1) The Secretary— (a) must refuse to grant an application for a licence on mandatory grounds, and (b) may refuse to grant an application for a licence on discretionary grounds. (2) The mandatory grounds for refusing to grant an application for a licence are as follows— (a) that the applicant is under the age of 18 years, (b) that the applicant has, within the period of 10 years before the application for the licence was made— (i) been convicted, or (ii) been found guilty (but with no conviction being recorded), by a court in New South Wales or elsewhere of an offence prescribed by the regulations, whether or not the offence is an offence under New South Wales law and whether or not committed before the commencement of this section, (c) that the applicant is disqualified from holding a licence, (d) that the applicant is a controlled member of a declared organisation within the meaning of the Crimes (Criminal Organisations Control) Act 2012, Note— Controlled members are prohibited from applying for licences—see section 27 of the Crimes (Criminal Organisations Control) Act 2012. (e) that the Secretary has reasonable grounds to believe from information provided by the Commissioner of Police in relation to the applicant that the applicant— (i) is a member of, or (ii) is a close associate of, or (iii) regularly associates with, one or more members of, a declared organisation within the meaning of the Crimes (Criminal Organisations Control) Act 2012, and the nature and circumstances of the applicant's relationship with the organisation or its members are such that it could reasonably be inferred that improper conduct that would further the criminal activities of the declared organisation is likely to occur if the applicant is granted a licence. (3) The discretionary grounds for refusing to grant an application for a licence are as follows— (a) that the applicant is not, in the opinion of the Secretary, a fit and proper person to hold a licence or is otherwise not competent to carry on the kind of towing work to which the proposed licence relates, (b) that the applicant has not specified a place of business, (c) that the applicant's place of business is not, in the opinion of the Secretary, suitable for keeping the records and documents required to be made or kept under this Act, (c1) that the applicant has not specified a place that is to be used as a holding yard in the course of the applicant's business or the place so specified is more than 10 kilometres from the licensee's place of business (unless the Secretary approves of it being a greater distance from that place), (d) that any place specified by the applicant as a holding yard intended to be used in the course of the applicant's business is not, in the opinion of the Secretary, suitable to be used as a holding yard, (e) that the applicant is not the registered owner, or registered operator, of each tow truck specified in the application as a tow truck intended to be operated in carrying on the applicant's business, (f) that each such specified tow truck does not, in the opinion of the Secretary, comply with the relevant requirements of this Act and the regulations or with any other relevant law relating to tow trucks, (g) that the applicant does not hold the qualifications and experience prescribed by the regulations in respect of the class of licence sought by the applicant, (h) that the applicant has not satisfactorily completed such training courses as may be approved for the purposes of this section, (i) that any close associate of the applicant has, within the period of 10 years before the application for the licence was made— (i) been convicted, or (ii) been found guilty (but with no conviction being recorded), by a court in New South Wales or elsewhere of an offence prescribed by the regulations, whether or not the offence is an offence under New South Wales law, (j) that the granting of the licence would, in the opinion of the Secretary, be contrary to the public interest. (4) The regulations may provide additional mandatory or discretionary grounds for refusing to grant an application for, or renewal or restoration of, a licence. (5) A reference in subsection (3)(a), (g) or (h) to an applicant includes a reference to each close associate of the applicant. (6) The Secretary is not, under this or any other Act or law, required to give any reasons for refusing to grant an application for a licence because of subsection (2)(e) to the extent that the giving of those reasons would disclose any criminal intelligence. 19 Grant of licence (1) The Secretary may determine an application for a licence by granting a licence to the applicant. (2) A licence is to be in the approved form, and must specify the name of the licensee and the licence number. (3) A licence authorises the licensee to carry on the kind of towing work that is specified in the licence. (4) A licence confers no right of property and is incapable of being transferred, assigned or mortgaged, charged or otherwise encumbered. 20 Licence conditions (1) A licence may be granted subject to such conditions as may be specified in the licence. (2) In addition to the conditions specified in a licence, a licence is subject to the following conditions— (a) the licensee must take all reasonable precautions to prevent loss of or from, or damage to, any motor vehicle that— (i) is towed by a tow truck operated under the licence, or (ii) is being held in the licensee's holding yard, or (iii) is otherwise under the control of the licensee, (b) the licensee must keep the records and documents required to be made by the licensee under this Act or the regulations at the licensee's place of business, (c) the licensee must permit an authorised officer or police officer to enter that place of business at any reasonable time for the purpose of exercising any function under Part 5, (c1) the licensee must maintain at least one holding yard which must be no more than 10 kilometres from the licensee's place of business (unless the Secretary approves of it being a greater distance from that place), (d) the licensee must not, in the course of carrying on business, use a holding yard other than a holding yard specified in the licence, (d1) the licensee must allow the owner of any motor vehicle stored at any holding yard used by the licensee in the course of the licensee's business, or the owner's agent, to— (i) have reasonable access to the motor vehicle, during business hours and at no charge to the owner, to collect items from the motor vehicle, and (ii) remove the motor vehicle from the holding yard after the owner, or the owner's agent, has paid the fees that have been charged by the licensee in accordance with the regulations for the towing, salvage or storage of the motor vehicle, or for a service that is related to or ancillary to the towing, salvage or storage of the motor vehicle, (d2) the licensee must not remove a vehicle stored at a holding yard used by the licensee in the course of the licensee's business for the following purposes unless authorised to do so by the owner of the motor vehicle, or the owner's agent— (i) repairing the motor vehicle, (ii) obtaining a quotation for repair, (e) the licensee must ensure that any licensed tow truck displays the distinctive number-plate issued for the tow truck by the Secretary under this Act, (f) the licensee must ensure that any licensed tow truck, and its equipment, comply with the requirements of this Act or the regulations (or any other law) with respect to the design, construction and serviceability of the tow truck or its equipment, (g) the licensee must ensure that the requirements of any law with respect to the limitation of hours of driving a tow truck are complied with, (h) the licensee must not charge a fee for the towing, salvage or storage of a motor vehicle, or for any service that is related to or ancillary to the towing, salvage or storage of a motor vehicle, if the charging of the fee would be in contravention of the regulations, and must not demand, receive or accept such a fee, (i) the licensee must not charge a fee for work that was not actually done by the licensee or by an employee or subcontractor of the licensee, (i1) in the case of a licence granted for a term of 3 or 5 years—the licensee must, within 28 days of receiving a notice from the Secretary relating to such of the licensee's licence particulars, insurance particulars and particulars of close associates as are specified in the notice— (i) confirm that the particulars specified in the notice are still accurate, or (ii) provide details of any change in any of those particulars, and provide any documents relating to those particulars, that may be specified in the notice, (i2) the licensee must notify the Secretary, as soon as practicable, of any change in the licensee's licence particulars, insurance particulars and particulars of close associates that are prescribed by the regulations, and must provide the Secretary with any documents relating to those particulars that are prescribed by the regulations, (j) the licensee must keep the licence at the licensee's place of business, (k) the licensee must ensure that a copy of the licence is kept in each licensed tow truck, (l) such other conditions as may be prescribed by the regulations. 21 (Repealed) 22 Term of licence (1) An application for a licence or renewal of a licence is to nominate one of the following terms of duration for the licence (the nominated term)— (a) 1 year, (b) 3 years, (c) 5 years. (2) A licence may only be granted for a term of 3 or 5 years if— (a) the applicant has requested that the licence be granted for a term of either 3 years or 5 years, and (b) (Repealed) (c) neither the applicant nor any of the applicant's close associates is, at the time the application is made, under investigation by the Secretary in relation to any breach of a condition of a licence or any other contravention of this Act or the regulations, and (d) neither the applicant nor any of the applicant's close associates has, in the 5 years immediately before the date of the application— (i) been subject to any prescribed disciplinary action under this Act, or (ii) engaged in any prescribed conduct, and (e) the Secretary is satisfied that a 3-year or a 5-year licence should be granted. (3) Subject to subsection (2), the Secretary may grant or renew a licence for the nominated term or a shorter term than the nominated term if satisfied that it is in the public interest to do so. (4) If an application for renewal of a licence has been made but the application is not finally determined by the Secretary before the expiry of the licence, the licence (if not suspended or sooner cancelled) continues in force until the application is finally determined. (5) If a licence is granted or renewed for a shorter term than the nominated term, the Secretary is to refund to the applicant the difference between the fee for the nominated term and the fee for the term that was granted. (6) The suspension of a licence does not affect the term of the licence. (7) This section does not affect the term of any licence granted under this Act and in force immediately before the substitution of this section by the Fair Trading Legislation Amendment (Reform) Act 2018. (8) In this section— prescribed conduct means any conduct that— (a) if the applicant or close associate applied for a licence or drivers certificate immediately after engaging in the conduct, would, in the opinion of the Secretary, be sufficient to justify the application being refused, or (b) if the applicant or close associate held a licence or drivers certificate at the time of engaging in the conduct, would, in the opinion of the Secretary, be sufficient to justify— (i) the suspension of a licence or drivers certificate held by the applicant or close associate, or (ii) the permanent revocation of a licence or drivers certificate held by the applicant or close associate, or (iii) the disqualification of the applicant or close associate from holding a licence or drivers certificate. prescribed disciplinary action means— (a) the suspension of a licence or drivers certificate held by the applicant or close associate, or (b) the permanent revocation of a licence or drivers certificate held by the applicant or close associate, or (c) the disqualification of the applicant or close associate from holding a licence or drivers certificate. 22A Renewal of licence A licence may be renewed from time to time by making an application for a subsequent licence in accordance with this Act. Division 2 Tow truck drivers certificates 23 Requirement for tow truck drivers to hold drivers certificates (1) A person must not— (a) drive or stand a licensed tow truck on a road or road related area at any time, or (b) use or operate, or assist in the use or operation of, a licensed tow truck on a road or road related area at any time, or (c) drive or stand a tow truck (other than a licensed tow truck) on a road or road related area at any time for the purposes of towing a motor vehicle for fee or reward, unless the person holds a drivers certificate. Maximum penalty—50 penalty units or imprisonment for 6 months, or both. (2) A certified driver must not carry on any kind of towing work other than the kind of towing work that is authorised by the drivers certificate. Maximum penalty—50 penalty units or imprisonment for 6 months, or both. 24 Classes of drivers certificates (1) The Secretary may determine different classes of drivers certificates that relate to different kinds of towing work. (2) The class of a drivers certificate, and the kind of towing work authorised by the drivers certificate, is to be endorsed on the drivers certificate. 25 Application for drivers certificate (1) A natural person may apply to the Secretary for a drivers certificate. (2) An application for a drivers certificate must— (a) be in the approved form, and (a1) (Repealed) (b) contain such particulars as may be prescribed by the regulations or as are required by the approved form, and (c) be accompanied by the fee (if any) prescribed by the regulations. 26 Restrictions on granting drivers certificate (1) The Secretary— (a) must refuse to grant an application for a drivers certificate on mandatory grounds, and (b) may refuse to grant an application for a drivers certificate on discretionary grounds. (2) The mandatory grounds for refusing to grant an application for a drivers certificate are as follows— (a) that the applicant is under the age of 18 years, (b) that the applicant has, within the period of 10 years before the application for the drivers certificate was made— (i) been convicted, or (ii) been found guilty (but with no conviction being recorded), by a court in New South Wales or elsewhere of an offence prescribed by the regulations, whether or not the offence is an offence under New South Wales law and whether or not committed before the commencement of this section, (c) that the applicant does not hold a full driver licence or does not, if the applicant resides in another State or Territory, hold a licence issued under the law in force in that State or Territory which, in the opinion of the Secretary, is the equivalent of a full driver licence, (d) that the applicant is disqualified from holding a drivers certificate, (e) that the applicant is a controlled member of a declared organisation within the meaning of the Crimes (Criminal Organisations Control) Act 2012, Note— Controlled members are prohibited from applying for drivers certificates—see section 27 of the Crimes (Criminal Organisations Control) Act 2012. (f) that the Secretary has reasonable grounds to believe from information provided by the Commissioner of Police in relation to the applicant that the applicant— (i) is a member of, or (ii) is a close associate of, or (iii) regularly associates with, one or more members of, a declared organisation within the meaning of the Crimes (Criminal Organisations Control) Act 2012, and the nature and circumstances of the applicant's relationship with the organisation or its members are such that it could reasonably be inferred that improper conduct that would further the criminal activities of the declared organisation is likely to occur if the applicant is granted a drivers certificate. (3) The discretionary grounds for refusing to grant an application for a drivers certificate are as follows— (a) that the applicant is not, in the opinion of the Secretary, a fit and proper person to hold a drivers certificate or is otherwise not competent to carry on the kind of towing work to which the proposed drivers certificate relates, (b) that the applicant does not hold the qualifications and experience prescribed by the regulations in respect of the class of drivers certificate sought by the applicant, (c) that the applicant has not satisfactorily completed such training courses as may be approved for the purposes of this section, (d) that the granting of the drivers certificate would, in the opinion of the Secretary, be contrary to the public interest. (3A) The Secretary is not, under this or any other Act or law, required to give any reasons for refusing to grant an application for a drivers certificate because of subsection (2)(f) to the extent that the giving of those reasons would disclose any criminal intelligence. (4) The regulations may provide additional mandatory or discretionary grounds for refusing the granting of an application for, or renewal or restoration of, a drivers certificate. (5) A reference in subsection (2)(c) to a full driver licence is a reference to a driver licence other than a provisional licence, restricted licence or learner licence as referred to in the Road Transport Act 2013. 27 Grant of drivers certificate (1) The Secretary may determine an application for a drivers certificate by granting a drivers certificate to the applicant. (2) A drivers certificate authorises the certified driver to carry on the kind of towing work that is specified in the certificate. (3) A drivers certificate cannot be transferred to another person. 28 Form of drivers certificate (1) A drivers certificate is to be in the approved form. (2) A drivers certificate must— (a) contain a recent photograph of the certified driver (such photograph being obtained in accordance with arrangements determined by the Secretary), and (b) specify the name of the certified driver and the number of the drivers certificate, and (c) specify the class of the drivers certificate and the kind of towing work authorised by the certificate, and (d) contain such other particulars as may be prescribed by the regulations. 29 Conditions of drivers certificate (1) A drivers certificate may be granted subject to such conditions as may be specified in the drivers certificate. (2) In addition to the conditions specified in a drivers certificate, a drivers certificate is subject to the following conditions— (a) the certified driver must take all reasonable precautions to prevent loss of or from, or damage to, any motor vehicle that is towed by a tow truck used or operated by the driver, (b) the certified driver must not charge a fee for the towing or salvage of a motor vehicle, or for any service that is related to or ancillary to the towing or salvage of a motor vehicle, if the charging of the fee would be in contravention of the regulations, and must not demand, receive or accept such a fee, (b1) the certified driver must not charge a fee for work that was not actually done by the certified driver, and must not demand, receive or accept such a fee, (b2) in the case of a drivers certificate granted for a term of 3 or 5 years—the certified driver must, within 28 days of receiving a notice from the Secretary relating to such of the certified driver's drivers certificate particulars and insurance particulars as are specified in the notice— (i) confirm that the particulars specified in the notice are still accurate, or (ii) provide details of any change in any of those particulars, and provide any documents relating to those particulars, that may be specified in the notice, (b3) the certified driver must notify the Secretary, as soon as practicable, of any change in the certified driver's drivers certificate particulars that are prescribed by the regulations, and must provide the Secretary with any documents relating to those particulars that are prescribed by the regulations, (c) such other conditions as may be prescribed by the regulations. 30 (Repealed) 31 Term of drivers certificate (1) An application for a drivers certificate or renewal of a drivers certificate is to nominate one of the following terms of duration for the drivers certificate (the nominated term)— (a) 1 year, (b) 3 years, (c) 5 years. (2) A drivers certificate may only be granted for a term of 3 or 5 years if— (a) the applicant has requested that the drivers certificate be granted for a term of either 3 years or 5 years, and (b) (Repealed) (c) the applicant and the applicant's close associates are not, at the time the application is made, under investigation by the Secretary in relation to any breach of a condition of a drivers certificate or any other contravention of this Act or the regulations, and (d) the applicant and the applicant's close associates have not, in the 5 years immediately before the date of the application— (i) been subject to any prescribed disciplinary action under this Act, or (ii) engaged in any prescribed conduct, and (e) the Secretary is satisfied that a 3-year or a 5-year drivers certificate should be granted. (3) Subject to subsection (2), the Secretary may grant or renew a drivers certificate for the nominated term or a shorter term than the nominated term if satisfied that it is in the public interest to do so. (4) If an application for renewal of a drivers certificate has been made but the application is not finally determined by the Secretary before the expiry of the drivers certificate, the drivers certificate (if not suspended or sooner cancelled) continues in force until the application is finally determined. (5) If a drivers certificate is granted or renewed for a shorter term than the nominated term, the Secretary is to refund to the applicant the difference between the fee for the nominated term and the fee for the term that was granted. (6) The suspension of a drivers certificate does not affect the term of the drivers certificate. (7) This section does not affect the term of any drivers certificate issued under this Act and in force immediately before the substitution of this section by the Fair Trading Legislation Amendment (Reform) Act 2018. (8) In this section— prescribed conduct means any conduct that— (a) if the applicant or close associate applied for a licence or drivers certificate immediately after engaging in the conduct, would, in the opinion of the Secretary, be sufficient to justify the application being refused, or (b) if the applicant or close associate held a licence or drivers certificate at the time of engaging in the conduct, would, in the opinion of the Secretary, be sufficient to justify— (i) the suspension of a licence or drivers certificate held by the applicant or close associate, or (ii) the permanent revocation of a licence or drivers certificate held by the applicant or close associate, or (iii) the disqualification of the applicant or close associate from holding a licence or drivers certificate. prescribed disciplinary action means— (a) the suspension of a licence or drivers certificate held by the applicant or close associate, or (b) the permanent revocation of a licence or drivers certificate held by the applicant or close associate, or (c) the disqualification of the applicant or close associate from holding a licence or drivers certificate. 31A Renewal of drivers certificate A drivers certificate may be renewed from time to time by making an application for a subsequent drivers certificate in accordance with this Act. 32 Automatic revocation of drivers certificate if driver licence no longer in force If the driver licence of a certified driver is cancelled, suspended or otherwise ceases to be in force under any Act or other law, his or her drivers certificate is, without any further action, taken to be revoked. Division 3 General provisions relating to licences and drivers certificates 33 Investigation of application for licence or drivers certificate (1) The Secretary may carry out such investigations and inquiries as the Secretary thinks necessary to enable the Secretary to properly consider an application for a licence or drivers certificate. (2) In particular, the Secretary may— (a) require any person who is an applicant for a licence or drivers certificate, or who is a close associate of the applicant, to consent to having his or her photograph taken in accordance with the arrangements determined by the Secretary, and (b) refer to the Commissioner of Police details of any person the Secretary is investigating, copies of any photographs taken and any supporting information that the Secretary considers appropriate for referral to the Commissioner. (3) The Commissioner of Police may inquire into and report to the Secretary on such matters concerning the application as the Secretary may request. (4) The Secretary may refuse to consider an application for a licence or drivers certificate while any person from whom the Secretary requires a photograph under this section refuses to allow his or her photograph to be taken in accordance with this section. (5) For the purposes of this section and section 34, a person who is the holder of a licence or drivers certificate (the current licence or drivers certificate) is taken to have applied for a subsequent licence or drivers certificate if— (a) the Secretary has, before the current licence or drivers certificate is due to expire, given that person notice that the current licence or drivers certificate is due to expire, and (b) the person does not, within the time specified in the notice, notify the Secretary that the person does not intend to apply for a subsequent licence or drivers certificate. 33A Application for exemption from requirement to hold licence or drivers certificate (1) A person may apply to the Secretary for an exemption from the requirement to hold a licence or a drivers certificate. (2) An application for an exemption must— (a) be in the approved form, and (b) be accompanied by the fee prescribed by the regulations, and (c) contain such other particulars as may be prescribed by the regulations or as are required by the approved form. (3) An exemption may, by notice in writing to the applicant, be granted— (a) in the circumstances prescribed by the regulations, and (b) subject to such conditions as may be determined by the Secretary and specified in the notice. (4) In addition to the conditions specified in the notice, an exemption is subject to the condition that evidence of the exemption must be— (a) carried at all times in each tow truck used in the business of the person who holds the exemption, and (b) produced to an authorised officer or police officer on demand whenever any such tow truck is being used. (5) The Secretary may, by notice in writing to the holder of an exemption, vary or revoke any of the conditions of the exemption if the Secretary is of the opinion that there are reasonable grounds for the variation or revocation. (6) The Secretary may, by notice in writing to the holder of an exemption, revoke the exemption if the Secretary— (a) is satisfied that the exemption is contrary to the public interest, or (b) is of the opinion that there are reasonable grounds for revoking the exemption. (7) A person who holds an exemption is guilty of an offence if a condition of the exemption is contravened. Maximum penalty—25 penalty units. 34 The Secretary may require further information in relation to application (1) The Secretary may, by notice in writing, require a person who has applied for a licence or drivers certificate or who, in the opinion of the Secretary, has some association or connection with the applicant that is relevant to the application, to do any of the following things— (a) to provide, in accordance with directions in the notice, such information (including financial and other confidential information) as is relevant to the investigation of the application and is specified in the notice, (b) to produce, in accordance with directions in the notice, such records (including any financial records) relevant to the investigation of the application as are specified in the notice and to permit inspection of the records, the taking of extracts from them and the making of copies of them, (c) to authorise a person described in the notice to comply with a specified requirement of the kind referred to in paragraph (a) or (b), (d) to furnish to the Secretary such authorisations and consents as the Secretary directs for the purpose of enabling the Secretary to obtain information (including financial and other confidential information) from other persons concerning the person and his or her associates or relations. (2) If a requirement made under this section is not complied with, the Secretary may refuse to consider the application concerned. (3) A person who complies with a requirement of a notice under this section does not on that account incur a liability to another person. (4) The reasonable costs incurred by the Secretary in investigating and inquiring into an application for a licence or drivers certificate are payable to the Secretary by the applicant, unless the Secretary determines otherwise in a particular case. (5) The Secretary may require part or full payment in advance of the amount the Secretary estimates will be payable by the applicant and may refuse to deal with the application until the required payment is made. (6) Investigation and inquiry costs may include reasonable travelling expenses within or outside the State. (7) It is a condition of any licence or drivers certificate granted to the applicant that any amount payable under this section is paid. 35 Variation of conditions (1) The Secretary may amend a licence or drivers certificate— (a) by varying any conditions specified in the licence or certificate, or (b) by adding specified conditions to the licence or certificate, or (c) by omitting specified conditions from the licence or certificate. (2) The Secretary may do so on application by the licensee or certified driver concerned, or as the Secretary otherwise thinks fit. (3) If the Secretary decides to amend the licence or drivers certificate, the Secretary must notify the licensee or certified driver concerned in writing of the amendment. (4) Any such amendment takes effect on and from a date specified in the notice, being a date not earlier than 7 days after the notice is served on the licensee or certified driver concerned. (5) The Secretary may not vary or omit a condition referred to in section 20(2) or 29(2). 36 False or misleading statements A person must not, in respect of— (a) an application for a licence or drivers certificate, or (b) an application for an amendment of a licence or drivers certificate, or (c) a notice of any proposed change in the particulars specified in a licence or drivers certificate, make any statement which the person knows to be false or misleading in a material particular. Maximum penalty—50 penalty units or imprisonment for 6 months, or both. 37 Requirement to notify the Secretary of proposed changes in particulars (1) A licensee or certified driver must notify the Secretary in writing of any proposed change in the particulars specified in the licence or drivers certificate at least 7 days before the proposed change occurs. Maximum penalty—25 penalty units. (2) The Secretary may approve the proposed change of particulars by amending the licence or drivers certificate. The Secretary may grant a replacement licence or certificate on payment of such fee as may be determined by the Secretary. 38 Duplicate licence or drivers certificate If the Secretary is satisfied that a licence or drivers certificate has been lost or destroyed, the Secretary may, on payment of any fee determined by the Secretary, issue a duplicate licence or drivers certificate. 39 Register of licences, drivers certificates and exemptions (1) The Secretary is to keep a register, in such form as the Secretary determines, of licences, drivers certificates and exemptions. (2) The register is to contain the following information in respect of each licence, drivers certificate or exemption— (a) the matters that by or under this Act are required to be specified in the licence, drivers certificate or exemption, (b) particulars of any amendment of the licence, drivers certificate or exemption, (c) particulars of any suspension or revocation, or voluntary surrender, of the licence, drivers certificate or exemption, (d) such other particulars as may be determined by the Secretary. (3) The information is to be recorded in the register in such manner as the Secretary thinks fit. (4) The Secretary may cause to be made such alterations in the register as are necessary to ensure that the information recorded in the register is accurate. (5) The register or any part of the register may, at all reasonable hours, be inspected, and copies of any entry in the register or that part may be taken, with the consent of the Secretary, by a police officer or any officer of the Secretary, or by any other person authorised by the Secretary on payment of such fee as may be determined by the Secretary. 40 Voluntary surrender of licence or drivers certificate A licensee or certified driver may voluntarily surrender the licence or drivers certificate held by the licensee or certified driver by delivering it to the Secretary (by post or in person) with a notification in writing that the licence or certificate is surrendered. 40A Restoration of licence or drivers certificate (1) An application for the restoration of a licence or drivers certificate must be made— (a) within 3 months of the expiry of the licence or drivers certificate, or (b) within the further period determined by the Secretary on the application of the person seeking the restoration of the licence or drivers certificate. (2) Without limiting subsection (1) (b), the Secretary may extend the period within which an application for the restoration of a licence or drivers certificate may be made if the Secretary is satisfied that— (a) in a case where the applicant failed to apply for renewal before the licence or drivers certificate expired—the failure to apply for renewal of the licence or drivers certificate before it expired was due to inadvertence, or (b) it is just and equitable to restore the licence or drivers certificate. (3) A licence or drivers certificate that has been surrendered or cancelled must not be restored. (4) An application for the restoration of a licence or drivers certificate must— (a) be made in the approved form (if any), and (b) be accompanied by the fee prescribed by the regulations, and (c) nominate a term of duration for the licence or drivers certificate. (5) A licence or drivers certificate restored at any time is taken to have been restored from the day on which the licence or drivers certificate expired. (6) Subject to this section, this Act applies to an application for the restoration of a licence or drivers certificate in the same way as it applies to an application for a licence or drivers certificate. Division 4 Disciplinary action by Secretary 41 Disciplinary action (1) This Division enables the Secretary to take disciplinary action against a licensee or certified driver. (2) In accordance with this Division, the Secretary may do any of the following— (a) in the case of a licence or drivers certificate granted for a term of 1 year or less—suspend the licence or drivers certificate for a specified period, (a1) in the case of a licence or drivers certificate granted for a term of 3 or 5 years—suspend the licence or drivers certificate for a specified period and, when the suspension ends, reduce the period for which the licence or drivers certificate is in force so that it will cease to be in force on the next anniversary of its issue (and refund fees accordingly), (b) permanently revoke a licence or drivers certificate, (c) disqualify a licensee or certified driver from holding a licence or drivers certificate for a specified period, (d) impose a fine not exceeding $500 on a licensee or certified driver, (e) give a direction under section 84 to a licensee or certified driver, (f) caution or reprimand a licensee or certified driver. (2A) Despite subsection (2), the Secretary must cancel a licence or drivers certificate if disciplinary action is taken on the grounds referred to in section 42(2). (3) In deciding whether to take disciplinary action under this Division, the Secretary may— (a) conduct an inquiry under section 80, or (b) invite the licensee or certified driver concerned to show cause, by way of a written submission, as to why the Secretary should not take any such action. (4) However, the Secretary is not required to conduct any such inquiry, or to invite the licensee or certified driver concerned to show cause, if the Secretary is of the opinion that it is in the public interest that the Secretary take immediate disciplinary action under this Division. (5) If any written submissions are made by a licensee or certified driver in accordance with subsection (3)(b), the Secretary must, before taking disciplinary action under this Division, take those submissions into consideration. (6) The Secretary is not prevented from taking disciplinary action under this Division merely because the licensee or certified driver concerned is subject to criminal or civil proceedings that relate to the same matters or incident to which the disciplinary action relates. (7) A reference in this Division to a licensee or certified driver includes a reference to a former licensee, or former certified driver, respectively. 42 Grounds for taking disciplinary action (1) The Secretary may take disciplinary action under this Division against a licensee or certified driver for any of the following reasons— (a) any reason for which the licensee or certified driver would not have been granted a licence or drivers certificate initially, (b) the licensee or certified driver has been charged with an indictable offence, (c) the licensee or certified driver supplied information that was (to the licensee's or driver's knowledge) false or misleading in a material particular in, or in connection with, the application for the licence or drivers certificate, (d) the licensee or certified driver has contravened any provision of this Act or the regulations, whether or not the licensee or driver has been convicted of an offence for the contravention, (e) the licensee or certified driver has contravened any condition to which the licence or drivers certificate is subject, (f) the Secretary is of the opinion that the licensee or certified driver is no longer a fit and proper person to hold a licence or drivers certificate, respectively, (g) the licensee failed to specify the name of each close associate of the licensee in the application for the licence, (h) the licensee has, in the opinion of the Secretary, been engaged in any fraudulent or dishonest conduct or activity in connection with the licensee's business as a tow truck operator, (i) the licensee has, in the case of a natural person, become bankrupt, applied to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounded with his or her creditors or made an assignment of his or her remuneration for their benefit, (j) the licensee is, in the case of a corporation, in the course of being wound up, or is under official management, or is a corporation for which a receiver or manager has been appointed, or has entered into a compromise or scheme of arrangement with its creditors, (k) the licensee has, for a continuous period of one month or more, ceased to carry on business as a tow truck operator, (l) any other reason prescribed by the regulations. (2) The Secretary must take disciplinary action under this Division against a licensee or certified driver if the Secretary has reasonable grounds to believe from information held in relation to the licensee or certified driver— (a) that the licensee or certified driver is a member of, a close associate of, or regularly associates with one or more members of, a declared organisation within the meaning of the Crimes (Criminal Organisations Control) Act 2012, and (b) that the nature and circumstances of the licensee's or certified driver's relationship with the organisation or its members are such that it could reasonably be inferred that improper conduct that furthers the criminal activities of the declared organisation is occurring or is likely to occur if the licensee or certified driver continues to hold the licence or drivers certificate, respectively. 43 Procedure for implementing disciplinary action (1) If the Secretary decides— (a) to suspend or revoke a licence or a drivers certificate, or (b) to disqualify a licensee or certified driver from holding a licence or drivers certificate for a specified period, or (c) to impose a fine on a licensee or certified driver, the Secretary is required to serve on the licensee or certified driver a notice informing the person of its decision. (2) The notice must include the reasons for the Secretary's decision. (2A) The Secretary is not, under this or any other Act or law, required to give any reasons for cancelling a licence or drivers certificate under section 41(2A) to the extent that the giving of those reasons would disclose any criminal intelligence. (3) The suspension or revocation of a licence or drivers certificate, or any period of disqualification, takes effect when the notice is served or on a later date specified in the notice. (4) A notice that suspends a licence or drivers certificate must specify the period of suspension. (5) A notice that disqualifies a licensee or certified driver from holding a licence or drivers certificate must specify the period of disqualification. (6) The Secretary may, by serving a further notice on a licensee or certified driver, cancel a notice under this section before the notice takes effect. 44 Effect of suspension (1) A suspended licence does not authorise the licensee to carry on the business of a tow truck operator during the period specified in the notice suspending the licence. (2) A suspended drivers certificate does not authorise the certified driver to do anything during the period specified in the notice suspending the certificate that would require the person to otherwise hold a drivers certificate. Division 5 Administrative review by Civil and Administrative Tribunal 45 Application to Civil and Administrative Tribunal for administrative review (1) A person may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of any of the following decisions— (a) the refusal or failure by the Secretary to grant a licence or drivers certificate to the person, (a1) the granting of a licence or drivers certificate to the person that is of a shorter duration than that for which the person applied, (b) a condition imposed by the Secretary in relation to a licence or drivers certificate granted to the person, (c) the suspension or revocation of a licence or drivers certificate granted to the person, (d) the disqualification of the person from holding a licence or drivers certificate, (e) the imposition of a fine on the person, (f) the giving of a direction under section 84 to the person. (1A) In determining an application for an administrative review of a decision to refuse to grant an application for a licence or a drivers certificate on the grounds referred to in section 18(2)(e) or 26(2)(f), respectively, or to cancel a licence or drivers certificate under section 41(2A), the Civil and Administrative Tribunal (and any Appeal Panel of the Tribunal in determining any internal appeal against such a review under the Civil and Administrative Tribunal Act 2013)— (a) is to ensure that it does not, in the reasons for its decision or otherwise, disclose any criminal intelligence, and (b) in order to prevent the disclosure of any criminal intelligence, is to receive evidence and hear argument in the absence of the public, the applicant for the administrative review and the applicant's representative and of any other interested party, unless the Commissioner of Police approves otherwise. (2) For the purposes of this section, an application for the grant of a licence or drivers certificate is taken to have been refused if the licence or drivers certificate is not granted within 90 days after the application is made in accordance with this Act. Part 4 Regulation of tow truck industry and towing operations Division 1 Towing authorisations 46–48 (Repealed) 49 Requirement to obtain towing authorisation (1) A certified driver must not carry out, or attempt to carry out, any accident towing work unless a towing authorisation has been obtained for the towing work. Maximum penalty—50 penalty units. (2) However, a person is not required to comply with subsection (1) if the person is carrying out, or is attempting to carry out, the towing work— (a) in accordance with any direction of a police officer or an authorised officer (including a direction that is given by telephone or other electronic transmission) to move a motor vehicle that, in the opinion of the officer, is causing an unreasonable obstruction to traffic, to the nearest place where it no longer causes an obstruction to traffic, or (b) in such circumstances as may be prescribed by the regulations. (3) A police officer or authorised officer may only give a direction described in subsection (2)(a) if, in the opinion of the officer, the motor vehicle cannot reasonably, in the circumstances, be driven away. (4) The regulations may provide that a towing authorisation is required in such other circumstances as may be prescribed. (5) A towing authorisation required by or under this section is to be in the approved form. 49A Restrictions on obtaining towing authorisations after authority already granted (1) A person must not obtain, or attempt to obtain, a towing authorisation in respect of any motor vehicle if another person has obtained a towing authorisation for the motor vehicle. Maximum penalty—20 penalty units. (2) However, subsection (1) does not apply if the towing work authorised by the towing authorisation concerned has been completed. 50 Restrictions on obtaining towing authorisations (1) A person must not obtain, or attempt to obtain, a towing authorisation for the carrying out of towing work unless— (a) the person holds a drivers certificate, and (b) the person is the driver of a licensed tow truck, and (c) the tow truck is standing at or in the vicinity of the motor vehicle that is required to be towed, and (d), (e) (Repealed) (f) the towing work is to be carried out by the tow truck referred to in paragraph (c). Maximum penalty—50 penalty units. (2) (Repealed) 51 Towing in accordance with towing authorisation (1) A towing authorisation authorises the towing only of the motor vehicle that is specified in the authorisation. (2) If a person has obtained a towing authorisation for the towing of a motor vehicle, the person must tow the motor vehicle in accordance with the particulars specified in the authorisation. Maximum penalty—50 penalty units. (3) Without limiting subsection (2), the person must tow the motor vehicle concerned— (a) to the destination specified in the authorisation, or (b) if the specified destination is not accessible at the time of the towing— (i) to the nearest holding yard specified in the licence under the authority of which the tow truck is operated, and (ii) to the specified destination as soon as is reasonably practicable after the specified destination becomes accessible, or (c) if a destination is not specified in the towing authorisation— (i) to the nearest holding yard specified in the licence under the authority of which the tow truck is operated, or (ii) in accordance with the regulations. Maximum penalty—50 penalty units. (4) A person who is required to obtain a towing authorisation must ensure that the towing authorisation is completed and dealt with in accordance with the regulations. Maximum penalty—50 penalty units. 52 Regulations relating to towing authorisations The regulations may— (a) specify the persons who may give a towing authorisation, and (b) specify the particulars that must be specified in a towing authorisation (including the destination to which a motor vehicle is to be towed in accordance with the authorisation), and (c) prescribe fees and charges payable to the Secretary in relation to towing authorisations, and (d) prescribe the procedures for dealing with towing authorisations, and (e) make provision for the keeping of records in relation to towing authorisations, and (f) prohibit a person from inducing another person to sign a towing authorisation by knowingly making a false or misleading statement, and (g) make provision for or with respect to any other matter relating to towing authorisations. 53 Alteration of completed towing authorisation prohibited A person must not, without reasonable excuse, alter a towing authorisation after it has been signed in accordance with the regulations. Maximum penalty—50 penalty units. Division 2 (Repealed) Division 3 Miscellaneous provisions relating to tow trucks and towing operations 54 Charges and fees for towing, salvage, storage and related services (1) The regulations may make provision for or with respect to regulating the fees that can be charged by a licensee or certified driver for the towing, salvage or storage of a motor vehicle or for any service that is related to or ancillary to the towing, salvage or storage of a motor vehicle. (2) Without limiting subsection (1), the regulations under this section can include provision that— (a)