Queensland: Tow Truck Act 2023 (Qld)

Tow Truck Act 2023 An Act to regulate the operation of tow trucks to remove motor vehicles from private property and damaged and seized motor vehicles Part 1 Preliminary Division 1 Introduction 1 Short title This Act may be cited as the Tow Truck Act 2023. 2 Commencement This Act commences on a day to be fixed by proclamation. 3 Main purposes of Act (1) The main purposes of this Act are— (a) to facilitate best practice in the tow truck industry by providing a balanced framework for regulating the operation of tow trucks to carry out regulated towing; and (b) to protect the public by ensuring tow trucks carrying out regulated towing are operated in a safe, competent and professional way and at a reasonable cost to consumers; and (c) to protect public safety and the safety of the road network through ensuring the following in regulated areas— (i) the safe and efficient removal of motor vehicles damaged in an incident from the scene of the incident and seized motor vehicles from the place of seizure; (ii) the safe removal of motor vehicles parked on private property. (2) The main purposes are achieved by— (a) requiring persons who conduct tow truck businesses, and persons involved in operating tow trucks to carry out regulated towing, to hold an accreditation; and (b) requiring persons who hold an accreditation to comply with duties, obligations, standards of conduct and other requirements directed at ensuring— (i) the safety of the public, including other persons involved in the carrying out of regulated towing; and (ii) the protection of consumers; and (iii) the secure storage of towed motor vehicles and movable property in towed motor vehicles; and (iv) public confidence in the towing industry; and (c) regulating the charges that may be imposed in relation to regulated towing. 4 Application of Act (1) This Act applies in relation to the operation of a tow truck to carry out regulated towing. (2) However, this Act does not apply in relation to the operation of a tow truck to carry out private property towing under the following laws, including a direction or request made under the law— (a) another Act; (b) an Act of the Commonwealth or another State; (c) a local law. Division 2 Interpretation 5 Definitions The dictionary in schedule 3 defines particular words used in this Act. 6 Meaning of tow truck (1) A tow truck is a motor vehicle— (a) that is— (i) equipped with a lifting or loading device; and Examples of a lifting or loading device— a crane, hoist or winch (ii) capable of being used for the towing of a motor vehicle; or (b) to which is attached, temporarily or otherwise, a trailer that is— (i) equipped with a lifting or loading device; and (ii) capable of being used for the towing of a motor vehicle. (2) In this Act, a reference to a tow truck includes the following things— (a) a lifting or loading device on the tow truck; (b) a trailer attached to the tow truck and any lifting or loading device on the trailer. (3) In this section— trailer see the Transport Operations (Road Use Management) Act 1995, schedule 4. 7 References to towing In this Act— (a) a reference to the towing of a motor vehicle includes carrying the vehicle; and (b) a reference to the towing of a motor vehicle from a location includes the following— (i) lifting or loading the vehicle for the purpose of towing or carrying the vehicle from the location; (ii) moving the vehicle to enable the towing or carrying of the vehicle from the location or the lifting or loading of the vehicle as mentioned in subparagraph (i); (iii) attaching a device to the vehicle for the purpose of towing or carrying the vehicle from the location or doing a thing mentioned in subparagraph (i) or (ii). 8 Meaning of regulated towing Regulated towing is— (a) the towing of a motor vehicle that is damaged in an incident in a regulated area from the scene of the incident; or (b) the towing of a motor vehicle that is seized in a regulated area from the place of seizure; or (c) private property towing. Note— See also section 4. 9 Meaning of private property towing Private property towing is the towing of a motor vehicle parked on private property in a regulated area from the property if the owner of the vehicle has not expressly requested or directed the towing of the vehicle from the property. 10 Meaning of tow truck business A tow truck business is a business or trade that involves the operation of 1 or more tow trucks to carry out regulated towing. 11 Towing authorities (1) A towing authority is a document that— (a) is in the approved form; and (b) states that a particular person who is the holder of a driver accreditation is authorised to— (i) tow a motor vehicle damaged in an incident in a regulated area from the scene of the incident; or (ii) tow a motor vehicle seized in a regulated area from the place of seizure; and (c) is given by— (i) the owner of the motor vehicle or the owner's agent; or (ii) an authorised officer. (2) An authorised officer may give a towing authority for a motor vehicle only if, when the authority is given, the owner of the vehicle, or the owner's agent, is absent from the vehicle or is incapacitated. 12 Private property towing consents (1) A private property towing consent is a document that— (a) is in the approved form; and (b) states that there is an arrangement, between the holder of an operator accreditation and the occupier of private property in a regulated area, under which the holder may, until the arrangement ends, carry out private property towing in relation to the property. (2) A private property towing consent stops having effect if the arrangement mentioned in the consent ends. Division 3 General provisions 13 Matters to be considered in deciding whether persons are appropriate persons to hold or continue to hold accreditations (1) In deciding whether a person is an appropriate person to hold or continue to hold an accreditation, the chief executive must have regard to the following matters— (a) the person's criminal history; (b) whether an accreditation held by the person has been cancelled or suspended and, if so, why the accreditation was cancelled or suspended; (c) the person's conduct while carrying out activities under an accreditation; (d) whether the person has engaged in aggressive, threatening or otherwise inappropriate behaviour towards— (i) an authorised officer; or (ii) a public service employee performing functions under or relating to the administration of this Act; (e) whether the person is, or has been, the subject of a control order or a registered corresponding control order; (f) if the person is a corporation— (i) the criminal history of each executive officer of the corporation; and (ii) whether an accreditation held by an executive officer of the corporation has been cancelled or suspended and, if so, why the accreditation was cancelled or suspended; and (iii) whether an executive officer of the corporation is, or has been, an executive officer of another corporation whose accreditation has been cancelled or suspended and, if so, why the accreditation was cancelled or suspended; and (iv) the conduct of each executive officer of the corporation while carrying out activities under an accreditation; and (v) whether an executive officer of the corporation has engaged in aggressive, threatening or otherwise inappropriate behaviour towards a person mentioned in paragraph (d)(i) or (ii); and (vi) whether an executive officer of the corporation is, or has been, the subject of a control order or a registered corresponding control order; (g) if the accreditation is a driver accreditation—the person's traffic history under the Transport Operations (Road Use Management) Act 1995; (h) any other matter prescribed by regulation. (2) Subject to section 15, the chief executive may also have regard to any other matter the chief executive considers relevant. (3) In subsection (1)(b), (c) and (f), a reference to an accreditation includes an assistant's certificate, driver's certificate and licence under the repealed Act. 14 Matters to be considered in deciding whether it is in public interest for persons to hold or continue to hold accreditations (1) In deciding whether it is in the public interest for a person to hold or continue to hold an accreditation, the chief executive must have regard to the following matters— (a) the legitimate expectation of members of the public, particularly vulnerable members of the public, that they will not be subject to assault or aggressive, coercive or otherwise inappropriate behaviour from persons involved in the tow truck industry; (b) any other matter prescribed by regulation. (2) Subject to section 15, the chief executive may also have regard to any other matter the chief executive considers relevant. 15 Restriction on considering criminal intelligence (1) This section applies if the chief executive is deciding an application under part 2, or deciding whether to amend, suspend or cancel an accreditation under part 3, including deciding whether— (a) a person is an appropriate person to hold or continue to hold an accreditation; or (b) it is in the public interest for a person to hold or continue to hold an accreditation. (2) The chief executive must not have regard to criminal intelligence given by the police commissioner to the chief executive under section 145. Part 2 Accreditations Division 1 Preliminary 16 Types of accreditation (1) This Act provides for 3 types of accreditation— (a) an operator accreditation; (b) a driver accreditation; (c) an assistant accreditation. (2) An operator accreditation authorises the holder of the accreditation to conduct a tow truck business. (3) A driver accreditation authorises the holder of the accreditation to operate, or assist with the operation of, a tow truck to carry out regulated towing. (4) An assistant accreditation— (a) authorises the holder of the accreditation to operate, or assist with the operation of, a tow truck to carry out regulated towing; but (b) does not authorise the holder of the accreditation to drive a tow truck for the purpose of carrying out regulated towing. Division 2 Applications for accreditations 17 Making applications (1) A person may apply to the chief executive for an accreditation. (2) The application must— (a) be made in the way prescribed by regulation; and (b) be accompanied by the fee prescribed by regulation; and (c) include or be accompanied by the information prescribed by regulation. 18 Deciding applications (1) The chief executive must consider the application and decide to— (a) approve the application; or (b) refuse the application. (2) In deciding the application, the chief executive— (a) must consider the matters prescribed by regulation; and (b) may, subject to section 15, consider any other matter the chief executive considers relevant. (3) Without limiting subsection (1)(b), the chief executive may refuse the application— (a) if satisfied— (i) the applicant is not an appropriate person to hold the accreditation; or Note— For an application made by a partnership, see also section 136. (ii) it would not be in the public interest for the applicant to hold the accreditation; or (b) on another ground prescribed by regulation. 19 Giving accreditation documents and information notices (1) If the decision is to approve the application, the chief executive must give the applicant an accreditation document that states the following— (a) the type of accreditation that is being given; (b) the day the accreditation document is given; (c) the name of the holder of the accreditation; (d) the day the accreditation stops having effect (the expiry day); (e) the conditions imposed on the accreditation under section 20; (f) for an operator accreditation— (i) the name and business address of the tow truck business the holder is authorised to conduct under the accreditation (the authorised tow truck business); and (ii) any premises that may be used as a holding yard under the accreditation (each an authorised holding yard); and (iii) each motor vehicle that may be used as a tow truck under the accreditation (each an authorised tow truck) and a unique identification number for each vehicle; (g) for a driver accreditation or an assistant accreditation—a unique identifying number for the accreditation; (h) any other matter prescribed by regulation. (2) For subsection (1)(d), the expiry day must not be more than 5 years after the day the accreditation document is given. (3) If the decision is to refuse the application, or approve the application subject to conditions, the chief executive must give the applicant an information notice for the decision. 20 Conditions of accreditations (1) An accreditation is subject to the conditions, imposed by the chief executive, stated in the accreditation document for the accreditation. (2) The chief executive may impose a condition on an accreditation only if— (a) the chief executive considers the condition is necessary or desirable for achieving the main purposes of this Act stated in section 3(1)(b) or (c); or (b) the condition relates to an administrative matter. 21 Period of accreditations An accreditation— (a) takes effect on the day the accreditation document for the accreditation is given; and (b) stops having effect on the expiry day for the accreditation. Notes— 1 For the surrender of an accreditation, see division 5. 2 For the suspension or cancellation of an accreditation, see part 3. 22 Accreditations not transferable An accreditation can not be transferred to another person. Division 3 Renewal applications 23 Renewal notices (1) The chief executive may, before the expiry day for an accreditation, give the holder of the accreditation a notice about renewing the accreditation. (2) The notice must state— (a) the expiry day for the accreditation; and (b) that if the accreditation is not renewed before the expiry day, the accreditation stops having effect. (3) Failure to give a notice under this section does not affect the expiry of the accreditation. 24 Applications to renew accreditations (1) The holder of an accreditation may apply to the chief executive to renew the accreditation for a stated period of not more than 5 years (a renewal application). (2) The renewal application must— (a) be made in the way prescribed by regulation; and (b) be accompanied by the fee prescribed by regulation; and (c) include or be accompanied by the information prescribed by regulation. 25 Deciding renewal applications (1) The chief executive must consider the renewal application and decide to— (a) approve the application; or (b) refuse the application. (2) In deciding the renewal application, the chief executive— (a) must consider the matters prescribed by regulation; and (b) may, subject to section 15, consider any other matter the chief executive considers relevant. (3) Without limiting subsection (1)(b), the chief executive may refuse the renewal application— (a) if satisfied— (i) the applicant is not an appropriate person to continue to hold the accreditation; or Note— For a renewal application made by a partnership, see also section 136. (ii) it would not be in the public interest for the applicant to continue to hold the accreditation; or (b) on another ground prescribed by regulation. (4) To remove any doubt, it is declared that the chief executive may decide the renewal application after the expiry day for the accreditation. 26 Giving new accreditation documents and information notices (1) If the decision is to approve the renewal application, the chief executive must give the applicant a new accreditation document that states the following— (a) the type of accreditation that is being renewed; (b) the day the new accreditation document is given; (c) the name of the holder of the accreditation; (d) the day the renewed accreditation takes effect, and the day it stops having effect (the expiry day), under section 28; (e) the conditions imposed on the renewed accreditation under section 27; (f) for an operator accreditation—the matters mentioned in section 19(1)(f); (g) for a driver accreditation or an assistant accreditation—a unique identifying number for the accreditation; (h) any other matter prescribed by regulation. (2) If the decision is to refuse the renewal application, or approve the renewal application subject to conditions, the chief executive must give the applicant an information notice for the decision. 27 Conditions of renewed accreditations (1) A renewed accreditation is subject to the conditions, imposed by the chief executive, stated in the new accreditation document for the accreditation. (2) The chief executive may impose a condition on a renewed accreditation only if— (a) the chief executive considers the condition is necessary or desirable for achieving the main purposes of this Act stated in section 3(1)(b) or (c); or (b) the condition relates to an administrative matter. 28 Period of renewed accreditations (1) If the chief executive approves a renewal application for an accreditation— (a) the accreditation is renewed for the period stated in the application; and (b) the renewal period starts the day after the accreditation would otherwise stop having effect. (2) However, if the renewal application is approved after the accreditation stops having effect— (a) the renewed accreditation does not take effect until the day the new accreditation document for the accreditation is given; and (b) the renewal period starts on the day mentioned in paragraph (a). 29 When renewal applications taken to be withdrawn A renewal application is taken to be withdrawn if the accreditation to which the application relates is surrendered under division 5 or cancelled under part 3. Division 4 Amendment applications 30 Applications to amend accreditations (1) The holder of an accreditation may apply to the chief executive to amend the accreditation (an amendment application). (2) The amendment application must— (a) be made in the way prescribed by regulation; and (b) provide details of the proposed amendment; and (c) be accompanied by the fee prescribed by regulation; and (d) include or be accompanied by the information prescribed by regulation. 31 Deciding amendment applications (1) The chief executive must consider the amendment application and decide to— (a) approve the application; or (b) refuse the application. (2) In deciding the amendment application, the chief executive— (a) must consider the matters prescribed by regulation; and (b) may, subject to section 15, consider any other matter the chief executive considers relevant. (3) Without limiting subsection (1)(b), the chief executive may refuse the amendment application on a ground prescribed by regulation. 32 Giving replacement accreditation documents and information notices (1) If the decision is to approve the amendment application, the chief executive must give the applicant a replacement accreditation document for the accreditation showing the amendment. (2) However, if the accreditation document for the accreditation consists of more than 1 part, a replacement document need only be given for the part that is affected by the amendment. Example— An accreditation document for a driver accreditation is partly in the form of a card and partly in the form of a document stating the conditions imposed on the accreditation. If the amendment affects only information stated in or stored on the card, the chief executive need only give a replacement card. Alternatively, if the amendment affects only the document stating the conditions, the chief executive need only give a replacement document for the document stating the conditions. (3) If the decision is to refuse the amendment application, the chief executive must give the applicant an information notice for the decision. 33 When amendments take effect The amendment of the accreditation takes effect on the day the replacement accreditation document for the accreditation is given. 34 When amendment applications taken to be withdrawn An amendment application is taken to be withdrawn if the accreditation to which the application relates stops having effect. Division 5 Surrendering accreditations 35 Surrender of accreditations (1) The holder of an accreditation may surrender the accreditation by giving the chief executive notice of the surrender. (2) The accreditation stops having effect on the day the notice of surrender is given or a later day stated in the notice. Part 3 Amending, suspending and cancelling accreditations Division 1 Minor amendments 36 Minor amendments to accreditations (1) The chief executive may, by notice given to the holder of an accreditation, make a minor amendment to the accreditation. (2) An amendment of an accreditation is a minor amendment if— (a) the amendment is for a formal or clerical reason; or (b) the amendment omits a condition of the accreditation; or (c) the amendment does not adversely affect the interests of the holder of the accreditation; or (d) the holder of the accreditation has agreed to the amendment. (3) The amendment takes effect on the day the notice is given or a later day stated in the notice. Division 2 Amending, suspending and cancelling accreditations generally 37 Application of division This division does not apply in relation to a minor amendment of an accreditation. 38 Grounds for amending, suspending or cancelling accreditations Each of the following is a ground for amending, suspending or cancelling an accreditation— (a) the accreditation was given in error; (b) the accreditation was obtained because of materially incorrect or misleading information or documents; (c) the holder of the accreditation is not an appropriate person to continue to hold the accreditation; Note— For the holder of an accreditation that is a partnership, see also section 136. (d) it is not in the public interest for the holder of the accreditation to continue to hold the accreditation; (e) public safety has been endangered, or is likely to be endangered, because of the conduct of the following persons while carrying out activities under the accreditation— (i) the holder of the accreditation; (ii) if the holder of the accreditation is a corporation— an executive officer of the corporation; (iii) if the holder of the accreditation is a partnership— a partner in the partnership; (f) the holder of the accreditation has given false or misleading information to— (i) an authorised officer; or (ii) an authorised officer under the Heavy Vehicle National Law (Queensland); (g) another ground prescribed by regulation. Note— See also section 15. 39 Show cause notices (1) If the chief executive considers a ground exists to amend, suspend or cancel an accreditation (the proposed action), the chief executive may give the holder of the accreditation a notice (a show cause notice). (2) The show cause notice must state the following— (a) the proposed action; (b) the ground for the proposed action; (c) an outline of the facts and circumstances forming the basis for the ground; (d) if the proposed action is to amend the accreditation—the proposed amendment; (e) if the proposed action is to suspend the accreditation—the proposed suspension period; (f) that the holder of the accreditation may, within a stated period, make representations to the chief executive to show why the proposed action should not be taken. (3) For subsection (2)(f), the stated period must end at least 28 days after the day the show cause notice is given to the holder of the accreditation. (4) The chief executive may, by notice given to the holder of the accreditation, extend the period under subsection (2)(f) before or after the end of the period. 40 Representations about show cause notices (1) The holder of the accreditation may make representations about the show cause notice to the chief executive within the show cause period. (2) The chief executive must consider any representations made to the chief executive within the show cause period. 41 Ending show cause process without further action If, after considering any representations made to the chief executive within the show cause period, the chief executive no longer considers a ground exists to take the proposed action, the chief executive must— (a) take no further action about the show cause notice; and (b) give the holder of the accreditation notice that no further action is to be taken about the show cause notice. 42 Amending, suspending or cancelling accreditations (1) If, after considering any representations made to the chief executive within the show cause period, the chief executive still considers a ground exists to take the proposed action, the chief executive may— (a) if the proposed action is to amend the accreditation— (i) amend the accreditation in the way stated in the show cause notice; or (ii) amend the accreditation in another way the chief executive considers appropriate having regard to the representations; or (b) if the proposed action is to suspend the accreditation for a stated period— (i) suspend the accreditation for no longer than the stated period; or (ii) amend the accreditation in a way the chief executive considers appropriate having regard to the representations; or (c) if the proposed action is to cancel the accreditation— (i) cancel the accreditation; or (ii) suspend the accreditation for a period; or (iii) amend the accreditation in a way the chief executive considers appropriate having regard to the representations. (2) If the chief executive decides to act under subsection (1), the chief executive must give the holder of the accreditation an information notice for the decision. (3) The decision takes effect on the day the information notice is given or a later day stated in the notice. 43 Proposed actions relating to matters the subject of court proceedings If the proposed action relates to a matter that is the subject of a court proceeding, the chief executive— (a) may defer making a decision in relation to the show cause notice until the proceeding is finally decided or otherwise ends; but (b) must make the decision as soon as practicable after the proceeding is finally decided or otherwise ends. Division 3 Immediate suspensions 44 Immediate suspension of accreditations (1) The chief executive may, by notice given to the holder of an accreditation (an immediate suspension notice), immediately suspend the accreditation on the following grounds— (a) the chief executive reasonably believes— (i) the holder is not an appropriate person to continue to hold the accreditation and the accreditation should be immediately suspended; or Note— For the holder of an accreditation that is a partnership, see also section 136. (ii) it is not in the public interest for the holder to continue to hold the accreditation and the accreditation should be immediately suspended; (b) public safety has been endangered, or is likely to be endangered, because of the holder's conduct while carrying out activities under the accreditation and the accreditation should be immediately suspended. (2) Without limiting the chief executive's powers under subsection (1), it is enough to immediately suspend an accreditation if— (a) a person complains in writing to a police officer about the conduct of the holder of the accreditation and, having regard to the nature of the complaint, the chief executive reasonably believes the conduct complained of justifies taking action under subsection (1); or (b) having regard to statements or other information about the conduct of the holder of the accreditation given to the chief executive, the chief executive reasonably believes the statements or other information justify taking action under subsection (1). (3) The immediate suspension notice must— (a) state the effect of section 45; and (b) be accompanied by an information notice for the decision. (4) The chief executive must, within 7 days after the day the immediate suspension notice is given to the holder of the accreditation, give the holder a show cause notice under section 39. (5) In this section, a reference to the conduct of the holder of an accreditation includes— (a) if the holder is a corporation—the conduct of an executive officer of the corporation; and (b) if the holder is a partnership—the conduct of a partner in the partnership. 45 Period of immediate suspension (1) The immediate suspension of the accreditation— (a) takes effect immediately on the giving of the immediate suspension notice to the holder of the accreditation; and (b) continues in effect until the earlier of the following— (i) the show cause notice given to the holder under section 44(4) is finally dealt with; (ii) the end of the immediate suspension period. (2) For subsection (1)(b)(i), the show cause notice is finally dealt with on the happening of either of the following events— (a) the chief executive gives the holder of the accreditation a notice under section 41 in relation to the show cause notice; (b) the chief executive's decision under section 42 in relation to the show cause notice takes effect or any review of the decision is finally decided or otherwise ends. (3) The chief executive may, by notice given to the holder of the accreditation, extend the immediate suspension period for a period of not more than 56 days if the chief executive considers it is appropriate to do so in all the circumstances. (4) In this section— immediate suspension period means the period ending on the day that is 56 days after the day the immediate suspension notice is given and any extension of that period under subsection (3). Division 4 Automatic suspensions and cancellations 46 Definitions for division In this division— class, of a Queensland driver licence, means the class of the licence under the Transport Operations (Road Use Management) Act 1995. relevant driver licence means— (a) a Queensland driver licence of a class prescribed by regulation; or (b) a non-Queensland driver licence that corresponds to a Queensland driver licence mentioned in paragraph (a). 47 Automatic cancellation of accreditations held by individuals if individual dies or becomes insolvent An accreditation held by an individual is automatically cancelled on the happening of the following events— (a) the individual dies; (b) if the accreditation is an operator accreditation—the individual becomes an insolvent under administration under the Corporations Act, section 9. 48 Automatic cancellation of operator accreditations held by corporations or partnerships (1) An operator accreditation held by a corporation is automatically cancelled on the corporation being wound up or deregistered under the Corporations Act. (2) An operator accreditation held by a partnership is automatically cancelled on the partnership being wound up, dissolved or otherwise ending under the Partnership Act 1891. 49 Automatic suspension of driver accreditations if relevant driver licence suspended (1) This section applies if a relevant driver licence held by the holder of a driver accreditation is suspended. (2) The driver accreditation is automatically suspended from the day the relevant driver licence is suspended until the suspension of the licence ends. 50 Automatic suspension of driver accreditations if relevant driver licence stops having effect (1) This section applies if a relevant driver licence held by the holder of a driver accreditation stops having effect. (2) The driver accreditation is automatically suspended from the day the relevant driver licence stops having effect until the day a new relevant driver licence obtained by the holder of the driver accreditation takes effect. (3) This section does not apply if the relevant driver licence stops having effect because— (a) the relevant driver licence is suspended; or (b) if the relevant driver licence is a non-Queensland driver licence—the holder of the driver accreditation obtains a Queensland driver licence of a class prescribed by regulation. Division 5 Replacement accreditation documents 51 Giving replacement accreditation documents if accreditations amended (1) This section applies if an accreditation is amended under this part. (2) The chief executive must, as soon as practicable, give the holder of the accreditation a replacement accreditation document for the accreditation showing the amendment. (3) However, if the accreditation document for the accreditation consists of more than 1 part, a replacement document need only be given for the part that is affected by the amendment. Example— An accreditation document for a driver accreditation is partly in the form of a card and partly in the form of a document stating the conditions imposed on the accreditation. If the amendment affects only information stated in or stored on the card, the chief executive need only give a replacement card. Alternatively, if the amendment affects only the document stating the conditions, the chief executive need only give a replacement document for the document stating the conditions. Part 4 Offences and notifying particular matters Division 1 Offences relating to conducting tow truck businesses and operating tow trucks 52 Conducting tow truck business without operator accreditation (1) A person must not conduct a tow truck business unless the person is the holder of an operator accreditation for the business. Maximum penalty—160 penalty units. (2) For this section, a person conducts a tow truck business— (a) if the person has effective control and management of the business; and (b) whether the person conducts the business— (i) alone or with another person; or (ii) personally or through an agent or employee. (3) However, a person does not conduct a tow truck business to the extent the person is engaged solely as a worker in, or an officer of, the business. 53 Operating or assisting with operation of tow trucks without driver accreditation or assistant accreditation (1) This section applies if— (a) a motor vehicle— (i) is damaged in an incident in a regulated area; or (ii) is seized in a regulated area; or (b) a motor vehicle is parked on private property in a regulated area and the owner of the vehicle has not expressly requested or directed the towing of the vehicle from the property. (2) A person must not drive, or offer to drive, a tow truck for the purpose of towing the motor vehicle from the scene of the incident, place of seizure or private property unless the person is the holder of a driver accreditation. Maximum penalty—80 penalty units. (3) A person who is at the scene of the incident, place of seizure or private property must not otherwise operate, or assist with the operation of, a tow truck to tow the motor vehicle from the scene, place or property unless the person is the holder of— (a) a driver accreditation; or (b) an assistant accreditation. Maximum penalty—80 penalty units. (4) For subsection (3), a person is not assisting with the operation of a tow truck to the extent the person is carrying out repairs to the tow truck. Division 2 Offences relating to holders of operator accreditations and employees 54 Provision of towing services The holder of an operator accreditation must ensure that the authorised tow truck business for the accreditation provides a towing service that operates 24 hours a day, 7 days a week, unless the holder has a reasonable excuse. Maximum penalty—50 penalty units. 55 Only authorised tow trucks may be used The holder of an operator accreditation commits an offence if a person operates a tow truck, other than an authorised tow truck for the accreditation, to carry out regulated towing under the accreditation. Maximum penalty—50 penalty units. 56 Storing towed motor vehicles and movable property (1) The holder of an operator accreditation must not use premises to store a motor vehicle towed under the accreditation, or movable property inside the vehicle, unless the premises are— (a) if there is a towing authority for the vehicle—the premises nominated by the authorising person for the vehicle, and stated in the towing authority, as the premises to which the vehicle is to be towed; or (b) otherwise—an authorised holding yard for the accreditation. Maximum penalty—80 penalty units. Note— See also section 154 in relation to temporary holding yards. (2) However, subsection (1)(b) does not apply in relation to an operator accreditation if an exemption decision is in effect for the accreditation. 57 Preventing damage to towed motor vehicles (1) This section applies in relation to a motor vehicle that has been towed under an operator accreditation. (2) The holder of the operator accreditation must ensure all reasonable precautions are taken to prevent damage to the motor vehicle while the vehicle is under the holder's control. Maximum penalty—50 penalty units. (3) In this section, a reference to damage to a motor vehicle includes damage to or the loss of movable property in the vehicle. 58 Unlocking particular motor vehicles (1) The holder of an operator accreditation, or an employee of the authorised tow truck business for an operator accreditation, must not unlock— (a) a motor vehicle damaged in an incident, or seized, in a regulated area if the vehicle is at the scene of the incident or place of seizure; or (b) a motor vehicle parked on private property in a regulated area if— (i) the owner of the motor vehicle has not expressly requested or directed the towing of the vehicle from the property; and (ii) a private property towing consent, that relates to an arrangement between the holder of the accreditation and the occupier of the property, is in effect for the property; or (c) a motor vehicle in relation to which regulated towing is being carried out under the accreditation; or (d) a motor vehicle in relation to which regulated towing has been carried out if the vehicle is at the location to which it has been towed. Maximum penalty—50 penalty units. (2) A person does not commit an offence against subsection (1) if— (a) the person is the owner of the motor vehicle or the owner's agent; or (b) the owner of the motor vehicle or the owner's agent has consented to the person unlocking the vehicle. 59 Moving motor vehicles after towing (1) This section applies if— (a) regulated towing is carried out in relation to a motor vehicle; and (b) the motor vehicle is towed to an authorised holding yard for an operator accreditation. (2) The holder of the operator accreditation, or an employee of the authorised tow truck business for the accreditation, must not move the motor vehicle from the authorised holding yard unless the holder or employee is moving the vehicle— (a) to release the vehicle to its owner or the owner's agent under section 60; or (b) to another location approved by the owner of the vehicle, or the owner's agent, by notice given to the holder after the vehicle arrives at the authorised holding yard; or (c) to prevent possible damage to the vehicle as a result of fire or a natural event such as a storm or flood. Maximum penalty—50 penalty units. 60 Releasing motor vehicles stored in authorised holding yards (1) This section applies if— (a) a motor vehicle is towed under an operator accreditation to an authorised holding yard for the accreditation; and (b) the owner of the vehicle, or the owner's agent, asks the holder of the accreditation to release the vehicle to the owner or agent. (2) The holder of the operator accreditation must comply with the request within the period, and in the way, prescribed by regulation. Maximum penalty—50 penalty units. (3) However, subsection (2) does not apply if— (a) the holder of the operator accreditation has imposed a charge under this Act on the owner of the motor vehicle in relation to— (i) the towing, storage, viewing or accessing of the vehicle; or (ii) the taking of property from the vehicle; and (b) the charge has not been paid. 61 Notice to police commissioner about private property towing (1) This section applies if— (a) private property towing is carried out in relation to a motor vehicle under an operator accreditation; and (b) the motor vehicle is towed to an authorised holding yard for the operator accreditation. (2) The holder of the operator accreditation must give the police commissioner notice of the tow as soon as practicable, but no later than 1 hour, after the motor vehicle arrives at the authorised holding yard for the operator accreditation. Maximum penalty—30 penalty units. (3) The notice must be given— (a) in the approved form; or (b) in another way prescribed by regulation. 62 Directing persons to do particular things The holder of an operator accreditation must not direct a person to do an act in contravention of the following provisions— (a) section 53; (b) sections 64 to 67. Maximum penalty—160 penalty units. 63 Disclosing sensitive information (1) This section applies if— (a) a person who is the holder of an operator accreditation obtains sensitive information in the course of conducting the authorised tow truck business for the accreditation; or (b) a person who is an employee of the authorised tow truck business for an operator accreditation obtains sensitive information in the course of carrying out their employment. (2) The person must not disclose the sensitive information to anyone else other than under this section. Maximum penalty—100 penalty units. (3) The person may disclose the sensitive information— (a) to an authorised officer or another person prescribed by regulation; or (b) to the following persons to the extent the disclosure is necessary for conducting the authorised tow truck business for the operator accreditation— (i) an employee of the authorised tow truck business; (ii) for a person mentioned in subsection (1)(b)—the holder of the operator accreditation; or (c) to the extent the disclosure is required under this Act or another law; or (d) in compliance with a lawful process requiring production of documents to, or giving evidence before, a court or tribunal. (4) The person may also disclose the sensitive information to— (a) if the information is personal information about an individual—the individual; or (b) if the information is about the location to which a motor vehicle has been towed under an operator accreditation—the owner of the vehicle or the owner's agent. (5) In this section— disclose includes give access to. sensitive information means— (a) personal information about an individual who is the owner or driver of a motor vehicle, or another individual, involved in any of the following events— (i) an incident, or the seizure of a motor vehicle, in a regulated area; (ii) the carrying out of private property towing in relation to a motor vehicle; (iii) the release of a motor vehicle that has been secured to a tow truck in preparation for moving the vehicle from private property in a regulated area, if the owner of the vehicle has not expressly requested or directed the towing of the vehicle from the property; or (b) information about the location to which a motor vehicle has been towed under an operator accreditation, unless the location is an authorised holding yard for the accreditation. Division 3 Offences relating to holders of driver accreditations 64 Requirement to obtain towing authority (1) This section applies if— (a) a motor vehicle— (i) is damaged in an incident in a regulated area; or (ii) is seized in a regulated area; and (b) the holder of a driver accreditation attends the scene of the incident or place of seizure. (2) The holder of the driver accreditation must not operate a tow truck to tow the motor vehicle from the scene of the incident or place of seizure unless the authorising person for the vehicle has signed or has, by notice given to the holder, approved a towing authority authorising the holder to tow the vehicle from the scene or place. Maximum penalty—60 penalty units. (3) However, subsection (2) does not apply in relation to the towing of a motor vehicle from a prescribed road as part of a tow to safety service. (4) In this section— operate does not include offer to operate. 65 Carrying out private property towing without private property towing consent (1) This section applies if— (a) a motor vehicle is parked on private property in a regulated area; and (b) the owner of the motor vehicle has not expressly requested or directed the towing of the vehicle from the property; and (c) the holder of a driver accreditation attends the property. (2) The holder of the driver accreditation must not operate a tow truck to tow the motor vehicle from the private property unless— (a) a private property towing consent is in effect for the property; and (b) the private property towing consent relates to an arrangement between— (i) the occupier of the property; and (ii) the holder of the operator accreditation under which the holder of the driver accreditation is acting. Maximum penalty—60 penalty units. 66 Driving to or from scene of incident or place of seizure with passengers (1) This section applies if a motor vehicle— (a) is damaged in an incident in a regulated area; or (b) is seized in a regulated area. (2) The holder of a driver accreditation must not drive a tow truck to or from the scene of the incident or place of seizure if a person, other than an accepted person, is in the tow truck. Maximum penalty—40 penalty units. (3) In this section— accepted person means— (a) the owner of the motor vehicle or the owner's agent; or (b) a person who was the driver of or a passenger in the motor vehicle; or (c) for a motor vehicle mentioned in subsection (1)(a)—a person who is supporting a child who was the driver of or a passenger in the vehicle while the child is a passenger in the tow truck; or (d) the holder of an accreditation; or (e) an executive officer of a corporation that is the holder of an operator accreditation; or (f) a partner in a partnership that is the holder of an operator accreditation. 67 Driving to or from private property with passengers (1) This section applies if— (a) a motor vehicle is parked on private property in a regulated area; and (b) the owner of the motor vehicle has not expressly requested or directed the towing of the vehicle from the property; and (c) the holder of a driver accreditation attends the private property with a tow truck for the purpose of towing the motor vehicle from the property. (2) The holder of the driver accreditation must not drive the tow truck to or from the private property if a person, other than an accepted person, is in the tow truck. Maximum penalty—40 penalty units. (3) In this section— accepted person means— (a) the owner of the motor vehicle or the owner's agent; or (b) a person who was the driver of or a passenger in the motor vehicle; or (c) the holder of an accreditation; or (d) an executive officer of a corporation that is the holder of an operator accreditation; or (e) a partner in a partnership that is the holder of an operator accreditation. 68 Riding in towed motor vehicles (1) This section applies if— (a) a motor vehicle— (i) is damaged in an incident in a regulated area; or (ii) is seized in a regulated area; or (b) a motor vehicle is parked on private property in a regulated area and the owner of the vehicle has not expressly requested or directed the towing of the vehicle from the property. (2) The holder of a driver accreditation must not operate a tow truck to tow the motor vehicle from the scene of the incident, place of seizure or private property if a person is in the vehicle while the vehicle is being towed. Maximum penalty—60 penalty units. (3) In this section— operate does not include offer to operate. 69 Preventing damage to towed motor vehicles (1) This section applies if the holder of a driver accreditation operates, or assists with the operation of, a tow truck to carry out regulated towing in relation to a motor vehicle. (2) The holder of the driver accreditation must ensure all reasonable precautions are taken to prevent damage to the motor vehicle while the regulated towing is being carried out. Maximum penalty—50 penalty units. (3) In this section, a reference to damage to a motor vehicle includes damage to or the loss of movable property in the vehicle. Division 4 Offence relating to holders of assistant accreditations 70 Preventing damage to towed motor vehicles (1) This section applies if the holder of an assistant accreditation operates, or assists with the operation of, a tow truck to carry out regulated towing in relation to a motor vehicle. (2) The holder of the assistant accreditation must ensure all reasonable precautions are taken to prevent damage to the motor vehicle while the regulated towing is being carried out. Maximum penalty—50 penalty units. (3) In this section, a reference to damage to a motor vehicle includes damage to or the loss of movable property in the vehicle. Division 5 Notification of particular matters 71 Definitions for division In this division— dealt with, in relation to an infringement notice, means— (a) dealt with in a way mentioned in the State Penalties Enforcement Act 1999, section 22; or (b) withdrawn or cancelled under that Act. notifiable offence, for an accreditation, means an offence against any of the following— (a) this Act or the repealed Act; (b) the Drugs Misuse Act 1986; (c) the Heavy Vehicle National Law (Queensland); (d) the Police Powers and Responsibilities Act 2000, section 754; (e) the Weapons Act 1990; (f) a provision of the Criminal Code stated in schedule 1, part 1; (g) for an operator accreditation—a provision of the Criminal Code stated in schedule 1, part 2; (h) a law of another jurisdiction, including a jurisdiction outside Australia, that substantially corresponds to a law or provision mentioned in— (i) paragraphs (a) to (f); or (ii) for an operator accreditation—paragraph (g). 72 Requirement to notify of new executive officers or partners—holders of operator accreditations (1) The holder of an operator accreditation must give the chief executive notice of the following events within 14 days after the day the event happens— (a) if the holder is a corporation—a new executive officer of the corporation is appointed; (b) if the holder is a partnership—a new partner joins the partnership. Maximum penalty—20 penalty units. (2) The notice must be— (a) in the approved form; and (b) accompanied by the fee prescribed by regulation. 73 Requirement to notify chief executive of particular matters—applicants for accreditations (1) This section applies if— (a) a person applies for an accreditation under part 2, division 2; and (b) before the application is decided, any of the following persons (each a relevant person) is charged with, or served with an infringement notice for, a notifiable offence for the accreditation— (i) the applicant; (ii) if the applicant is a corporation—an executive officer of the corporation; (iii) if the applicant is a partnership—a partner in the partnership. (2) The applicant must, as soon as practicable but no later than 14 days after the day the relevant person is charged or served with the infringement notice, give the chief executive notice of the charge or infringement notice. Maximum penalty—20 penalty units. (3) Also, the applicant must, as soon as practicable but no later than 14 days after the day the charge or infringement notice is dealt with, give the chief executive notice of the following matters— (a) for a charge—the outcome of the charge; (b) for an infringement notice—how the infringement notice has been dealt with. Maximum penalty—20 penalty units. (4) The applicant does not commit an offence against subsection (2) or (3) if the applicant has a reasonable excuse. (5) Also, the applicant does not commit an offence against subsection (2) or (3) if, before the end of the period mentioned in the subsection— (a) the application is withdrawn; or (b) if subsection (1)(b)(ii) or (iii) applies— (i) the relevant person stops being an executive officer of the corporation or a partner in the partnership; and (ii) the applicant gives the chief executive notice of the day the relevant person stopped being an executive officer of the corporation or a partner in the partnership. 74 Requirement to notify chief executive of particular matters—holders of accreditations (1) This section applies to the holder of an accreditation if any of the following persons (each a relevant person) is charged with, or served with an infringement notice for, a notifiable offence for the accreditation— (a) the holder; (b) if the holder is a corporation—an executive officer of the corporation; (c) if the holder is a partnership—a partner in the partnership. (2) The holder of the accreditation must, as soon as practicable but no later than 14 days after the day the relevant person is charged or served with the infringement notice, give the chief executive notice of the charge or infringement notice. Maximum penalty—20 penalty units. (3) Also, the holder of the accreditation must, as soon as practicable but no later than 14 days after the day the charge or infringement notice is dealt with, give the chief executive notice of the following matters— (a) for a charge—the outcome of the charge; (b) for an infringement notice—how the infringement notice has been dealt with. Maximum penalty—20 penalty units. (4) The holder of the accreditation does not commit an offence against subsection (2) or (3) if the holder has a reasonable excuse. (5) Also, the holder of the accreditation does not commit an offence against subsection (2) or (3) if, before the end of the period mentioned in the subsection— (a) the accreditation is surrendered or otherwise stops having effect; or (b) if subsection (1)(b) or (c) applies— (i) the relevant person stops being an executive officer of the corporation or a partner in the partnership; and (ii) the holder gives the chief executive notice of the day the relevant person stopped being an executive officer of the corporation or a partner in the partnership. 75 Requirement to notify executive officers of particular matters (1) This section applies if— (a) a corporation applies for an operator accreditation under part 2, division 2; and (b) before the application is decided, a person who is an executive officer of the corporation is charged with, or served with an infringement notice for, a notifiable offence for the accreditation. (2) This section also applies if a person, who is an executive officer of a corporation that is the holder of an operator accreditation, is charged with, or served with an infringement notice for, a notifiable offence for the accreditation. (3) The person must, as soon as practicable but no later than 14 days after the day the person is charged or served with the infringement notice, give each of the other executive officers of the corporation notice of the charge or infringement notice. Maximum penalty—20 penalty units. (4) Also, the person must, as soon as practicable but no later than 14 days after the day the charge or infringement notice is dealt with, give each of the other executive officers of the corporation notice of the following matters— (a) for a charge—the outcome of the charge; (b) for an infringement notice—how the infringement notice has been dealt with. Maximum penalty—20 penalty units. (5) A person does not commit an offence against subsection (3) or (4) if— (a) the person has a reasonable excuse; or (b) before the end of the period mentioned in the subsection, the person— (i) stops being an executive officer of the corporation; and (ii) gives the chief executive notice of the day the person stopped being an executive officer of the corporation. 76 Requirement to notify partners in partnerships of particular matters (1) This section applies if— (a) a partnership applies for an operator accreditation under part 2, division 2; and (b) before the application is decided, a person who is a partner in the partnership is charged with, or served with an infringement notice for, a notifiable offence for the accreditation. (2) This section also applies if a person, who is a partner in a partnership that is the holder of an operator accreditation, is charged with, or served with an infringement notice for, a notifiable offence for the accreditation. (3) The person must, as soon as practicable but no later than 14 days after the day the person is charged or served with the infringement notice, give each of the other partners in the partnership notice of the charge or infringement notice. Maximum penalty—20 penalty units. (4) Also, the person must, as soon as practicable but no later than 14 days after the day the charge or infringement notice is dealt with, give each of the other partners in the partnership notice of the following matters— (a) for a charge—the outcome of the charge; (b) for an infringement notice—how the infringement notice has been dealt with. Maximum penalty—20 penalty units. (5) The person does not commit an offence against subsection (3) or (4) if— (a) the person has a reasonable excuse; or (b) before the end of the period mentioned in the subsection, the person— (i) stops being a partner in the partnership; and (ii) gives the chief executive notice of the day the person stopped being a partner in the partnership. Division 6 Other offences 77 Holding more than 1 driver accreditation or assistant accreditation (1) A person must not hold more than 1 driver accreditation at the same time. Maximum penalty—40 penalty units. (2) A person must not hold more than 1 assistant accreditation at the same time. Maximum penalty—40 penalty units. 78 Obtaining or attempting to obtain towing authorities A person must not obtain, or attempt to obtain, a towing authority unless the person is the holder of a driver accreditation. Maximum penalty—60 penalty units. 79 Obtaining or attempting to obtain private property towing consents A person must not obtain, or attempt to obtain, a private property towing consent unless the person is the holder of an operator accreditation. Maximum penalty—60 penalty units. 80 False or misleading information (1) A person must not, in relation to the administration of this Act, give an official information the person knows is false or misleading in a material particular. Maximum penalty—60 penalty units. (2) However, subsection (1) does not apply to a person who gives information in a document if, when giving the information, the person— (a) tells the official, to the best of the person's ability, how the document is false or misleading; and (b) if the person has, or can reasonably obtain, the correct information—gives the correct information. (3) In this section— official means the chief executive or an authorised officer. 81 Offences of dishonesty and coercion A person must not— (a) forge any