Western Australia: Towing Services Act 2024 (WA)

Western Australia Towing Services Act 2024 Western Australia Towing Services Act 2024 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Objects of Act 1 4. Terms used 1 5. Towing of vehicles 1 6. Vehicle crashes and crash towing 1 7. Breakdown towing 1 8. Regulated towing and regulated towing businesses 1 9. Determination of whether persons are fit and proper 1 10. Determination of whether grant or continuation of towing industry authorisation contrary to public interest 1 11. Act binds Crown 1 Part 2 — Towing businesses Division 2 — Offences and related matters 15. Release from storage 1 16. Moving vehicle from storage yard 1 Part 3 — Towing workers Division 1 — Offences and related matters 40. Towing vehicle without authorisation and powers to authorise 1 Part 4 — Fees and charges in relation to towing 68. Spotter fees prohibited 1 69. Regulations may prohibit or restrict towing and storage charges 1 Part 5 — Confidentiality and exchange of information Division 1 — Preliminary 70. Terms used 1 Division 2 — Confidentiality and disclosure of information 71. Confidentiality 1 74. Use of and access to information disclosed or obtained under this Part 1 Division 3 — Exchange of information 76. Persons in relation to whom information may be exchanged 1 77. Exchange of information between CEO and Commissioner of Police 1 78. Exchange of information between CEO and road traffic CEO 1 79. Exchange of information between CEO and relevant authority 1 80. Disclosure of information to body or person with whom agreement is made 1 81. Disclosure of information to law enforcement official 1 82. Exchange of information between CEO and interstate towing authority 1 83. Disclosures under this Part free of charge 1 Part 6 — Enforcement Division 1 — Preliminary 84. Terms used 1 Division 2 — Authorised officers Subdivision 1 — Designation 85. Authorised officers 1 Subdivision 2 — General powers 86. Purposes for which powers of authorised officers may be exercised 1 87. Powers in relation to vehicles 1 88. Directions to persons and related matters 1 89. Entry of premises 1 90. Requirement to comply with directions 1 91. Assistance to exercise powers 1 92. Duty to identify driver or person in charge of vehicle 1 93. Duty to take reasonable measures to be able to comply with identity request 1 94. Offences 1 Division 3 — Entry warrants 95. Terms used 1 96. Applications for entry warrant 1 97. Applications to be in person unless urgent 1 98. Applications to be in writing unless made remotely 1 99. Applications to be on oath unless made remotely 1 100. Form of entry warrants made remotely 1 101. Evidence obtained inadmissible if failure to comply with section 99(2)(b) or 100(1)(b) 1 102. Issue and content of entry warrants 1 103. Effect of entry warrants 1 Division 4 — Obtaining business records 104. Terms used 1 105. Application of this Division 1 106. Application for orders to produce 1 107. Issue of orders to produce 1 108. Service of orders to produce 1 109. Effect of orders to produce 1 110. Powers in relation to order to produce 1 Division 5 — Seizing things and related matters Subdivision 1 — Seizing of things 111. Application 1 112. Grounds for seizing things 1 113. Records relevant to offence 1 114. Seizing of devices and equipment 1 115. Powers to facilitate seizing of records 1 116. List of seized things to be supplied on request 1 Subdivision 2 — Procedure on seizure of privileged material 117. Terms used 1 118. Seizure or production of privileged material 1 119. Records must be secured 1 120. Applications to court 1 121. Decisions of court 1 122. Forensic examinations on records 1 123. Ancillary orders 1 124. Proceedings part of criminal jurisdiction 1 125. Appeals 1 Subdivision 3 — Return or disposal of seized things 126. Return or disposal of seized things 1 Division 6 — Improvement notices 127. Issue of improvement notices 1 128. Contents of improvement notices 1 129. Compliance with improvement notice 1 130. Extension of time for compliance, amendment and revocation 1 131. Affixing sticker to tow truck 1 Division 7 — Offences 132. Liability of officers for offence by body corporate 1 133. When prosecution can be commenced 1 Division 8 — Evidentiary provisions 134. Evidentiary certificates: records and authorisation 1 135. Evidentiary certificates: specific matters 1 136. Proof of certain matters not required in legal proceedings 1 137. Proof of appointments and signatures unnecessary 1 Division 9 — Infringement notices and Criminal Procedure Act 2004 138. Infringement notices and Criminal Procedure Act 2004 1 Part 7 — Review of decisions 139. Term used: reviewable decision 1 140. Reconsideration of reviewable decisions 1 141. Application to State Administrative Tribunal for review 1 Part 8 — Regulations Division 1 — General 142. Regulations 1 143. Regulations may refer to published documents 1 Division 2 — Safety standards 144. Safety standards for towing service providers 1 145. Safety standards for towing workers 1 146. Safety standard offences 1 147. Reasonable steps defence 1 Division 3 — Safety management systems 148. Safety management systems for towing service providers 1 Division 4 — Towing industry authorisations 149. Towing industry authorisations 1 150. Disqualification offences 1 151. Prescribed disqualification periods and reinstatement 1 Division 5 — Towing businesses, towing workers and authorisations to tow vehicles 152. Towing businesses 1 153. Towing workers 1 154. Authorisations to tow vehicles 1 Part 9 — Miscellaneous 155. Giving documents 1 156. Delegation by CEO or Commissioner of Main Roads 1 157. CEO may enter into agreements for performance of functions 1 158. Protection from personal liability 1 159. Protection of people testing or examining or giving certain information 1 160. False or misleading information 1 161. Exemption from requirements of this Act 1 Part 10 — Transitional provisions 163. Convictions of disqualification offences before commencement day 1 164. Transitional regulations 1 Part 11 — Other Acts amended Division 1 — Criminal Organisations Control Act 2012 amended 165. Act amended 1 166. Section 80 amended 1 Division 2 — Road Traffic Act 1974 amended 167. Act amended 1 168. Section 91 amended 1 169. Section 96 amended 1 Division 3 — Road Traffic (Administration) Act 2008 amended 170. Act amended 1 171. Section 12 amended 1 172. Section 110 amended 1 Division 5 — State Administrative Tribunal Act 2004 amended 176. Act amended 1 177. Schedule 1 amended 1 Notes Compilation table 1 Uncommenced provisions table 1 Defined terms Western Australia Towing Services Act 2024 An Act to — * provide for the regulation of the towing industry; and * make consequential amendments to various other Acts, and for related purposes. Part 1 — Preliminary 1. Short title This is the Towing Services Act 2024. 2. Commencement This Act comes into operation as follows — (a) Part 1 — on the day on which this Act receives the Royal Assent (assent day); (b) Part 4 (but only section 68) — on the day after assent day; (c) the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions. 3. Objects of Act The objects of this Act are — (a) to promote the safe, fair and efficient provision of services for regulated towing at a reasonable cost to consumers; and (b) to improve and maintain the reputation of the towing industry. 4. Terms used In this Act — approved form means a form approved by the CEO and published on the Department's website; approved medical report means a report complying with the requirements of the regulations for a medical report; Australian driver licence means — (a) a driver's licence; or (b) a licence or other authorisation granted to a person under a law of another State or a Territory authorising the person to drive a motor vehicle on a road other than solely for the purpose of learning to drive a motor vehicle; authorised officer has the meaning given in section 85(1); authorised towing service provider means the holder of a towing business authorisation; authorised towing worker means the holder of a towing worker authorisation; authority to tow has the meaning given in section 40(1); breakdown towing has the meaning given in section 7; CEO means the chief executive officer of the Department; close associate, in relation to an applicant for a towing business authorisation or an authorised towing service provider, has the meaning given in section 12; Commissioner of Main Roads means the Commissioner of Main Roads appointed under the Main Roads Act 1930; Commissioner of Police means the person holding or acting in the office of Commissioner of Police under the Police Act 1892; conviction includes a finding of guilt, or the acceptance of a guilty plea, whether or not a conviction is recorded; crash towing has the meaning given in section 6(2) and (3); criminal record check means a document issued by the Police Force of Western Australia, the Australian Federal Police or another body or agency approved by the CEO that sets out, or summarises in a manner acceptable to the CEO, the convictions of a person for offences under a law of this State, the Commonwealth, another State or a Territory; Department means the department of the Public Service principally assisting the Minister in the administration of this Act; disqualification offence has the meaning given in section 150(4); driver's licence has the meaning given in the Road Traffic (Authorisation to Drive) Act 2008 section 3(1); engage in towing work means to do any of the following — (a) operate a tow truck; (b) load a vehicle onto a tow truck; (c) tow a vehicle using a tow truck; (d) assist or accompany any person in the execution of an act described in paragraph (a), (b) or (c); infringement notice means a notice issued to a person under a written law — (a) alleging the commission of an offence; and (b) offering the person an opportunity, by paying an amount of money prescribed under the written law and specified in the notice, to have that matter dealt with out of court; interstate towing worker authorisation means an authorisation issued under a law of another State or a Territory that — (a) authorises a person to operate, or assist in the operation of, a tow truck; and (b) meets any criteria prescribed by the regulations; medical practitioner means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession; motor vehicle has the meaning given in the Road Traffic (Administration) Act 2008 section 4; officer — (a) in relation to a towing service provider that is a body corporate, has the same meaning as it has in relation to a corporation under the Corporations Act 2001 (Commonwealth) section 9AD; or (b) in relation to any other towing service provider, means an individual who has the capacity to make decisions in relation to the operations of the towing service provider; operate, in relation to a tow truck, includes to drive the tow truck and to operate any carrying, lifting or towing mechanism of the tow truck; prescribed disqualification period, in relation to a disqualification offence, has the meaning given in section 151(3); public entity means — (a) an agency or a non‑SES organisation, as those terms are defined in the Public Sector Management Act 1994 section 3(1); or (b) a body (whether incorporated or not), or the holder of an office, that is established or continued for a public purpose under a written law; or (c) a local government, regional local government or regional subsidiary; or (d) a person or body prescribed, or a person or body of a class prescribed, by the regulations; public place means a place to which the public is permitted, whether on payment of a fee or otherwise, to have access; regulated towing has the meaning given in section 8(1); regulated towing business has the meaning given in section 8(2); relevant person, for a vehicle, means — (a) a person who is entitled to the immediate possession of the vehicle; or (b) the driver of the vehicle; responsible officer, in relation to an authorised towing service provider, means — (a) an individual nominated by the towing service provider in the application for the towing business authorisation under section 17(4)(c) and whose nomination has not ceased under the regulations; or (b) an individual who has been nominated to represent the authorised towing service provider in conducting the regulated towing business, and whose nomination has been accepted and has not ceased, under the regulations; road has the meaning given in the Road Traffic (Administration) Act 2008 section 4; safety standards means standards prescribed by regulations under Part 8 Division 2; scene, in relation to a vehicle crash, means a place referred to in section 6(2)(a), (b), (c) or (d); storage charge means any charge imposed on a relevant person for a vehicle for or in relation to any of the following — (a) the storage, release or viewing of the vehicle after it has been towed; (b) access to the vehicle after it has been towed; (c) access to personal property that is or was in the vehicle after it has been towed; storage yard — (a) means premises used, or intended to be used, to store vehicles that have been towed; but (b) does not include premises of a class prescribed by the regulations; Territory means an internal Territory as defined in the Acts Interpretation Act 1901 (Commonwealth) section 2B; tow, in relation to a vehicle, has the meaning given in section 5; towing business means a business of providing a service of towing vehicles within the State; towing business authorisation means an authorisation under Part 2 to conduct a regulated towing business; towing charge — (a) means any charge imposed on a relevant person for a vehicle for or in relation to towing the vehicle, including, without limitation, a charge for any of the following — (i) loading the vehicle onto a tow truck; (ii) towing the vehicle; (iii) unloading the vehicle from a tow truck; but (b) does not include a storage charge; towing industry authorisation means — (a) a towing business authorisation; or (b) a towing worker authorisation; towing service provider means a person who conducts a towing business; towing worker means an individual who engages in towing work; towing worker authorisation means an authorisation under Part 3 to engage in towing work for the purposes of a regulated towing business; towing worker authorisation document means a document issued under section 48; tow truck — (a) means a motor vehicle used, or intended to be used, to tow a vehicle; but (b) does not include a vehicle of a class prescribed by the regulations; traffic record check means a document issued by the Police Force of Western Australia or another body or agency approved by the CEO that sets out, or summarises in a manner acceptable to the CEO, either or both of the following — (a) the convictions of an individual for driving‑related offences under a law of this State, another State or a Territory; (b) each of the following — (i) the infringement notices issued to an individual for alleged driving‑related offences under a law of this State; (ii) the notices of an equivalent kind to those described in subparagraph (i) issued to an individual for alleged driving‑related offences under a law of another State or a Territory; vehicle — (a) has the meaning given in the Road Traffic (Administration) Act 2008 section 4; but (b) does not include any thing of a class prescribed by the regulations; vehicle crash has the meaning given in section 6(1). 5. Towing of vehicles In this Act — tow, in relation to a vehicle — (a) includes to do any of the following — (i) carry the vehicle; (ii) lift and tow the vehicle; (iii) lift and carry the vehicle; (iv) lift the vehicle for the purpose of towing it; but (b) does not include to do an act of a class prescribed by the regulations. 6. Vehicle crashes and crash towing (1) A vehicle crash is a collision or impact that — (a) results in damage to a vehicle; and (b) occurs — (i) on a road or in a public place; or (ii) in a place other than on a road or in a public place if, immediately before the collision or impact, a vehicle involved in the collision or impact was on a road or in a public place. (2) Crash towing is the towing of a vehicle that has been involved in a vehicle crash from — (a) the place where the collision or impact occurred; or (b) a place within a 2 km radius of the place where the collision or impact occurred; or (c) a place to which the vehicle has been moved — (i) by or with the authority of a public entity or a person employed in, or engaged for the purposes of, a public entity; and (ii) for the purpose of preventing or minimising any harm, risk, hazard or obstruction caused by the vehicle; or (d) a place within a 2 km radius of a place referred to in paragraph (c). (3) Despite subsection (2), crash towing does not include towing of a class prescribed by the regulations. 7. Breakdown towing Breakdown towing — (a) is the towing of a vehicle that is broken down, bogged or stranded on a road or in a public place; but (b) does not include towing of a class prescribed by the regulations. 8. Regulated towing and regulated towing businesses (1) Regulated towing — (a) means crash towing; and (b) if the regulations so provide, includes breakdown towing; but (c) does not include any towing to which the Road Traffic Act 1974 Part 6A Division 3 applies under section 96 of that Act. (2) A towing business is a regulated towing business to the extent that it provides a service of regulated towing. (3) Subsection (2) applies to a service of regulated towing even if the service is provided to or on behalf of a public entity in relation to the performance of that entity's functions under a written law. 9. Determination of whether persons are fit and proper (1) This section applies to a determination for the purposes of this Act of whether a person is a fit and proper person to do any of the following — (a) conduct a regulated towing business; (b) represent a towing service provider in the conduct of a regulated towing business; (c) engage in towing work for the purposes of a regulated towing business. (2) Without limitation, a person is not a fit and proper person unless the person is of good repute, having regard to the person's character, honesty and integrity. (3) In the case of a determination of whether an applicant for a towing business authorisation, or an authorised towing service provider, is a fit and proper person to conduct a regulated towing business, the person is also not a fit and proper person if any close associate of the person is not of good repute, having regard to the close associate's character, honesty and integrity. (4) In determining whether a person is a fit and proper person the CEO may have regard to — (a) any matters the CEO considers relevant; and (b) any matters prescribed by the regulations. (5) Without limiting subsection (4), in determining whether an applicant for a towing worker authorisation, or an authorised towing worker, is a fit and proper person to engage in towing work for the purposes of a regulated towing business, the matters to which the CEO may have regard include — (a) the physical and mental fitness of the person; and (b) any approved medical report on the person required by the regulations; and (c) any other relevant matters. 10. Determination of whether grant or continuation of towing industry authorisation contrary to public interest A determination for the purposes of this Act of whether the grant, or continuation in force, of a towing industry authorisation is contrary to the public interest must be made having regard to the need for the creation and maintenance of public confidence and trust in the credibility and integrity of the towing industry. 11. Act binds Crown This Act binds the Crown in right of Western Australia and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities. Part 2 — Towing businesses [Division 1 has not come into operation.] Division 2 — Offences and related matters [13, 14. Have not come into operation.] 15. Release from storage (1) In this section — applicable charges, for a vehicle, means all towing charges or storage charges imposed on the relevant person for the vehicle in accordance with this Act; business day means a day that is not a Saturday, Sunday or public holiday throughout the State. (2) This section applies if a vehicle that has been towed in the conduct of a regulated towing business is stored in a storage yard. (3) If a relevant person for the vehicle pays the applicable charges (if any) for the vehicle, the towing service provider conducting the regulated towing business must ensure that the vehicle is released as soon as practicable but in any event no later than 4 hours after payment is made. Penalty for this subsection: (a) for an individual, a fine of $9 000; (b) for a body corporate, a fine of $45 000. (4) For the purposes of determining when the 4‑hour period referred to in subsection (3) expires, only time between 9 am and 5 pm on a business day is to be counted. (5) The regulations may prescribe the steps that must be taken to release the vehicle for the purposes of subsection (3). 16. Moving vehicle from storage yard (1) In this section — natural disaster means a cyclone, earthquake, flood, storm, tsunami or other natural event. (2) This section applies if a vehicle that has been towed in the conduct of a regulated towing business is stored in a storage yard. (3) The towing service provider conducting the regulated towing business must ensure that the vehicle is not moved from the storage yard except for the purpose of — (a) releasing it to a relevant person for the vehicle; or (b) moving it to another location approved in writing by a relevant person for the vehicle; or (c) preventing possible damage to the vehicle by fire or natural disaster. Penalty for this subsection: (a) for an individual, a fine of $9 000; (b) for a body corporate, a fine of $45 000. [Divisions 3 and 4 have not come into operation.] Part 3 — Towing workers Division 1 — Offences and related matters 40. Towing vehicle without authorisation and powers to authorise (1) In this section — authority to tow means a written authorisation in the approved form for the towing of a vehicle. (2) A towing worker must not tow, or attempt to tow, a vehicle for the purposes of a regulated towing business unless the towing is authorised — (a) under an authority to tow in accordance with the regulations given by a relevant person for the vehicle; or (b) under an authority to tow in accordance with the regulations given by a police officer under subsection (3); or (c) by the Commissioner of Main Roads under subsection (4); or (d) under the Road Traffic (Administration) Act 2008 or any other written law. Penalty for this subsection: a fine of $12 000. (3) A police officer may give an authority to tow a vehicle for the purposes of subsection (2)(b) if a relevant person for the vehicle is not present or is physically or mentally incapable of giving an authority to tow the vehicle. (4) The Commissioner of Main Roads may authorise the towing of a vehicle to another place for the purposes of subsection (2)(c) if the Commissioner considers that the towing is necessary to prevent or minimise a hazard or obstruction. (5) Authorisation under subsection (4) may be given orally. [41-45. Have not come into operation.] [Divisions 2 and 3 have not come into operation.] Part 4 — Fees and charges in relation to towing 68. Spotter fees prohibited (1) In this section — crash or breakdown information means information in relation to — (a) the occurrence of a vehicle crash or breakdown; or (b) the presence of a vehicle that — (i) has been involved in a vehicle crash; or (ii) has broken down or become bogged or stranded; towing procurement purpose means the purpose of — (a) obtaining work for a towing business; or (b) enabling another person to obtain work for a towing business; valuable thing — (a) includes the following — (i) any money, bonus, commission, deduction, discount, rebate, remission or other valuable consideration; (ii) any payment in excess of the actual value of any goods or service; (iii) any forbearance to demand any money or money's worth; (iv) employment, or an agreement to give employment, in any capacity; but (b) does not include — (i) charges imposed in accordance with this Act; or (ii) any remuneration given by a towing service provider to a towing worker in relation to the towing worker's duties for the purposes of a towing business. (2) A person must not, for a towing procurement purpose, give or receive, or offer to give or receive, any valuable thing in consideration of the provision of crash or breakdown information. Penalty for this subsection: (a) for an individual, a fine of $9 000; (b) for a body corporate, a fine of $45 000. 69. Regulations may prohibit or restrict towing and storage charges (1) The regulations may make provision for or in relation to the imposition of towing charges and storage charges in relation to a regulated towing business, including by — (a) prohibiting the imposition of towing charges or storage charges of prescribed kinds or in prescribed circumstances; and (b) providing for requirements that must be complied with before towing charges or storage charges of prescribed kinds may be imposed; and (c) providing for maximum amounts, or a means of determining maximum amounts, of towing charges or storage charges that may be imposed. (2) Without limiting subsection (1), regulations under that subsection — (a) may be expressed to apply only in particular circumstances or in relation to a particular geographical area; and (b) may regulate towing charges or storage charges by reference to whether they are reasonable in the circumstances; and (c) may make different provision in relation to towing charges or storage charges imposed in different circumstances, including (without limitation) by reference to the amount of work undertaken or the distance travelled. (3) A towing service provider in relation to a regulated towing business is not entitled to recover or retain any charges imposed in contravention of regulations made under this section. Part 5 — Confidentiality and exchange of information Division 1 — Preliminary 70. Terms used In this Part — disclose includes to provide, to release and to give access to; driver's licence information means — (a) information about drivers' licences, including — (i) details of the persons who have made applications for or in relation to those licences; and (ii) details of the persons who hold or have held those licences; and (iii) information contained in a driver's licence register kept under the Road Traffic (Authorisation to Drive) Act 2008; or (b) information about authorisations (referred to in paragraph (b) of the definition of Australian driver licence in section 4) obtained by the road traffic CEO from an authority of another State or a Territory under a road law; infringement notice information means information about infringement notices, including information about the following — (a) the giving of an infringement notice to a person; (b) the payment of an amount of money in accordance with an infringement notice; (c) the withdrawal of an infringement notice; (d) a matter in relation to which an infringement notice was issued coming before a court for determination; (e) the registration of an infringement notice under the Fines, Penalties and Infringement Notices Enforcement Act 1994 Part 3; (f) any withdrawal of proceedings under the Fines, Penalties and Infringement Notices Enforcement Act 1994 Part 3 in relation to an infringement notice; interstate towing authority means a person, agency or authority of another State or a Territory that administers or performs functions under an interstate towing law; interstate towing law means — (a) a law of another State or a Territory that provides for the authorisation of persons to operate, or assist in the operation of, tow trucks or to conduct a towing business; or (b) a law prescribed by the regulations; law enforcement official means a person prescribed, or a person of a class prescribed, by the regulations; learner's permit has the meaning given in the Road Traffic (Authorisation to Drive) Act 2008 section 3(1); offence information means the following — (a) details of the following — (i) any offence with which a person has been charged, or of which a person has been convicted, in the State; (ii) any penalty, suspension, cancellation or disqualification resulting from a conviction referred to in subparagraph (i); (b) any details the Commissioner of Police has of the following — (i) any offence with which a person has been charged, or of which a person has been convicted, elsewhere than in the State; (ii) any penalty, suspension, cancellation or disqualification resulting from a conviction referred to in subparagraph (i); relevant authority means — (a) the Commissioner of Main Roads; or (b) a person or body prescribed, or a person or body of a class prescribed, by the regulations; road law has the meaning given in the Road Traffic (Administration) Act 2008 section 4; road traffic CEO means the CEO as defined in the Road Traffic (Administration) Act 2008 section 4; towing regulatory information means any of the following — (a) information about towing industry authorisations, including the following — (i) details of the persons who have made applications for or in relation to a towing industry authorisation; (ii) details of the persons who hold or have held a towing industry authorisation; (iii) details of any decision to refuse to grant a towing industry authorisation; (iv) details of the suspension or cancellation of a towing industry authorisation; (v) details of any disqualification from holding or obtaining a towing industry authorisation; (b) details of charges and convictions for offences under this Act; (c) infringement notice information relating to alleged offences under this Act; (d) information relating to whether any of the following is a fit and proper person to conduct a regulated towing business, represent a towing service provider in the conduct of a regulated towing business or engage in towing work for the purposes of a regulated towing business (as the case requires) — (i) an applicant for a towing business authorisation; (ii) an individual nominated as a responsible officer by an applicant for a towing business authorisation or an authorised towing service provider; (iii) an authorised towing service provider; (iv) a responsible officer of an authorised towing service provider; (v) an applicant for a towing worker authorisation; (vi) an authorised towing worker; (e) information relating to whether a close associate of either of the following is of good repute — (i) an applicant for a towing business authorisation; (ii) an authorised towing service provider; traffic infringement notice information means details of the instances in which a person has paid a penalty under an infringement notice under a road law, obtained by the road traffic CEO from the Commissioner of Police under a road law; vehicle licence information has the meaning given in the Road Traffic (Administration) Act 2008 section 4. Division 2 — Confidentiality and disclosure of information 71. Confidentiality (1) In this section — de‑identified data means data that, if disclosed, could not reasonably be expected to lead to the identification of — (a) any person to whom it relates; or (b) any business to which it relates. (2) A person who performs or has performed functions under this Act must not disclose any information obtained by the person in the performance of a function under this Act except — (a) in the performance of that function or another function under this Act or another written law; or (b) as authorised or required under this Act or another written law; or (c) with the consent of the person to whom the information relates; or (d) in circumstances prescribed by the regulations. Penalty for this subsection: imprisonment for 12 months or a fine of $12 000. (3) The CEO may publish de‑identified data from time to time to provide information to the public about the performance of the towing industry. (4) The CEO may, on request, provide unpublished de‑identified data to any person on payment of any fee prescribed by the regulations. [72, 73. Have not come into operation.] 74. Use of and access to information disclosed or obtained under this Part For the purposes of the performance of the CEO's functions under this Act, but not for any other purpose, the CEO may have access to and make use of information disclosed to or obtained by the CEO under this Part. [75. Has not come into operation.] Division 3 — Exchange of information 76. Persons in relation to whom information may be exchanged (1) Sections 77(3)(a) and 78(2)(b) and (c) apply in relation to a person who — (a) is a towing service provider or a towing worker in relation to a regulated towing business; or (b) is an employee or agent of a towing service provider in relation to a regulated towing business; or (c) is an applicant for a towing industry authorisation; or (d) holds or has held a towing industry authorisation; or (e) is an individual nominated as a responsible officer by an applicant for a towing business authorisation or an authorised towing service provider; or (f) is a responsible officer of an authorised towing service provider; or (g) is a close associate of an applicant for, or the holder of, a towing business authorisation. 77. Exchange of information between CEO and Commissioner of Police (1) The CEO must disclose the following information to the Commissioner of Police — (a) towing regulatory information; (b) any other information prescribed by the regulations. (2) Information disclosed under subsection (1) — (a) may be used in the performance of the Commissioner of Police's functions under a written law but not for any other purpose; and (b) may be disclosed by the Commissioner of Police to a police officer for use in the performance of the functions of that officer under this Act or any other written law but not for any other purpose. (3) The Commissioner of Police must disclose the following information to the CEO — (a) offence information about a person mentioned in section 76; (b) any other information prescribed by the regulations. 78. Exchange of information between CEO and road traffic CEO (1) The CEO must disclose the following information to the road traffic CEO — (a) towing regulatory information; (b) any other information prescribed by the regulations. (2) The road traffic CEO must disclose the following information to the CEO — (a) vehicle licence information in relation to a tow truck used, or proposed to be used, for the purposes of a regulated towing business; (b) driver's licence information about a person mentioned in section 76; (c) traffic infringement notice information about a person mentioned in section 76; (d) any other information prescribed by the regulations. [(3) has not come into operation.] 79. Exchange of information between CEO and relevant authority (1) The CEO may disclose the following information to a relevant authority if the CEO considers that the information is required by the authority for the purposes of the performance of the authority's functions — (a) towing regulatory information; (b) any other information prescribed by the regulations. (2) The CEO may seek from a relevant authority any information that the CEO considers is required for the purposes of the performance of the CEO's functions under this Act. 80. Disclosure of information to body or person with whom agreement is made The CEO may disclose the following information to a body or person with whom an agreement is made under section 157 if the CEO considers that the information is required for the performance of a function under the agreement — (a) towing regulatory information; (b) any information disclosed to the CEO under this Division or by an interstate towing authority; (c) any other information prescribed by the regulations. 81. Disclosure of information to law enforcement official The CEO may disclose the following information to a law enforcement official if the CEO considers that the information is required by the official for the purposes of the performance of the official's functions — (a) towing regulatory information; (b) any other information prescribed by the regulations. 82. Exchange of information between CEO and interstate towing authority (1) The CEO may disclose towing regulatory information to an interstate towing authority if the CEO considers that the information is required by the authority for the purposes of the performance of its functions. (2) If information disclosed under subsection (1) includes information about an offence of which a person has been convicted, or an alleged offence for which a person has been given an infringement notice, the CEO must also disclose to the interstate towing authority — (a) any quashing or setting aside of the conviction; or (b) any withdrawal of the infringement notice or the matter coming before a court for determination; or (c) any withdrawal of proceedings under the Fines, Penalties and Infringement Notices Enforcement Act 1994 Part 3 in relation to the infringement notice; or (d) anything else known to the CEO concerning the offence or alleged offence the disclosure of which is likely to be favourable to that person. (3) The CEO may seek from an interstate towing authority any information that the CEO considers is required for the purposes of the performance of the CEO's functions under this Act. 83. Disclosures under this Part free of charge Subject to section 71(4), a disclosure of information under this Part must be free of charge. Part 6 — Enforcement Division 1 — Preliminary 84. Terms used In this Part — premises includes any structure, building, vessel or place (whether built on or not) and any part of any such structure, building, vessel or place; record has the meaning given in the Criminal Investigation Act 2006 section 3(1). Division 2 — Authorised officers Subdivision 1 — Designation 85. Authorised officers (1) For the purposes of this Act, an authorised officer is — (a) a police officer; or (b) a person designated by the CEO under subsection (2). (2) The CEO may designate as an authorised officer a person employed in, or engaged for the purposes of, the Department. (3) The CEO must ensure that each authorised officer designated under subsection (2) is issued with an identity card in the approved form. (4) An authorised officer designated under subsection (2) must — (a) carry the officer's identity card when performing functions under this Act; and (b) if it is practicable to do so — produce the officer's identity card before exercising a power under this Act. (5) In any proceedings, the production of an identity card is evidence of the designation under subsection (2) of the authorised officer to whom the card relates. Subdivision 2 — General powers 86. Purposes for which powers of authorised officers may be exercised An authorised officer may exercise the powers set out in this Subdivision for 1 or more of the following purposes — (a) to monitor compliance with this Act; (b) to investigate a suspected contravention of this Act; (c) to investigate whether there are grounds for suspending or cancelling an authorisation granted under this Act. 87. Powers in relation to vehicles (1) An authorised officer may do all or any of the following in relation to a vehicle mentioned in subsection (2) — (a) stop and detain the vehicle for as long as is reasonably necessary for the exercise of any power of the authorised officer under this Act; (b) direct the driver of the vehicle, or a person engaging in towing work using the vehicle, to produce for inspection any of the following — (i) the person's driver's licence; (ii) the person's towing worker authorisation document; (iii) any additional identification document issued to the person, or required to be held or displayed by the person, in accordance with the regulations; (c) direct any person to alight from, or not to enter, the vehicle; (d) direct the driver of the vehicle, a person engaging in towing work using the vehicle, or any passenger, to — (i) state the person's name, residential address and date of birth; or (ii) give any information that is required; or (iii) answer a question put to the person; or (iv) produce a record that is in the person's possession or under the person's control; (e) inspect the vehicle and any equipment in or on the vehicle; (f) make a still or moving image or recording of the vehicle and any thing in or on the vehicle; (g) operate any thing in or on the vehicle; (h) make a copy of or take an extract from any document or thing; (i) seize a record and retain it for as long as is reasonably necessary; (j) direct the driver of the vehicle, or a person in possession of the vehicle, to give the authorised officer any assistance that the officer reasonably requires for the purpose of exercising another power under this subsection. (2) The powers in subsection (1) may be exercised in relation to — (a) a tow truck; or (b) a vehicle that the authorised officer reasonably suspects is being or has been used to travel to a place for the purposes of obtaining, or attempting to obtain, an authority to tow a vehicle for the purposes of a regulated towing business. 88. Directions to persons and related matters (1) An authorised officer may do all or any of the following — (a) direct a person mentioned in subsection (2) to — (i) state the person's name, residential address and date of birth; or (ii) give any information that is required; or (iii) answer a question put to the person; (b) direct a person mentioned in subsection (2) to produce a record that is in the person's possession or under the person's control; (c) make a copy of, take an extract from, download or print out any record produced under paragraph (b); (d) seize a record produced under paragraph (b) and retain it for as long as is reasonably necessary. (2) The powers in subsection (1)(a) and (b) may be exercised in relation to any of the following — (a) a person who holds or has held a towing business authorisation or an agent of such a person; (b) a person whom an authorised officer suspects on reasonable grounds is or was a towing service provider in relation to a regulated towing business or an agent of such a person; (c) a person who is or was a responsible officer of an authorised towing service provider; (d) a person who is or was an employee of an authorised towing service provider; (e) a person who holds or has held a towing worker authorisation; (f) a person whom an authorised officer suspects on reasonable grounds has engaged in towing work for the purposes of a regulated towing business. 89. Entry of premises (1) An authorised officer may, in accordance with this section, enter premises occupied by a person mentioned in subsection (7) and do all or any of the following at the premises — (a) search the premises; (b) inspect a vehicle parked at the premises; (c) direct any person in charge of a vehicle, or any person in a vehicle, parked on the premises to — (i) give any information that is required; or (ii) answer a question put to the person; or (iii) state the person's name, residential address and date of birth; or (iv) produce a record that is in the person's possession or under the person's control; (d) make a still or moving image or recording of the premises and any thing in or on the premises; (e) operate a computer or other thing at the premises; (f) make a copy of, take an extract from, download or print out any record found at the premises or produced under paragraph (c)(iv); (g) seize a record found at the premises or produced under paragraph (c)(iv) and retain it for as long as is reasonably necessary; (h) direct the occupier of the premises, or a person at the premises, to give the authorised officer any assistance that the officer reasonably requires for the purposes referred to in section 86. (2) The power to enter premises under subsection (1) may be exercised — (a) at any time under an entry warrant issued under Division 3; or (b) at any time with the consent of the occupier of the premises; or (c) if a business is carried on at the premises — at any time during the usual business operating hours applicable at the premises (whether or not the premises are actually being used for that purpose), and without a warrant and without the consent of the occupier of the premises or any other person. (3) An authorised officer must not exercise the power to enter premises mentioned in subsection (2)(c) without a warrant or the consent of the occupier unless the authorised officer reasonably believes that the premises are attended. (4) An authorised officer must not exercise the power to enter premises mentioned in subsection (2)(c) without a warrant or the consent of the occupier if the premises are, or any part of premises is, used predominantly for residential purposes. (5) The power to search premises under this section does not include a power to search a person. (6) An authorised officer who is a police officer may use reasonable force in the exercise of powers under this section. (7) The powers in subsection (1) may be exercised in relation to premises occupied by any of the following — (a) a person who holds or has held a towing business authorisation or an agent of such a person; (b) a person whom an authorised officer suspects on reasonable grounds is or was a towing service provider in relation to a regulated towing business or an agent of such a person; (c) a person who is or was a responsible officer of an authorised towing service provider; (d) a person who is or was an employee of an authorised towing service provider; (e) a person who holds or has held a towing worker authorisation; (f) a person whom an authorised officer suspects on reasonable grounds has engaged in towing work for the purposes of a regulated towing business. 90. Requirement to comply with directions If a person is directed under section 87, 88 or 89 to give any information, answer any question or produce any record — (a) the person cannot refuse to comply with the direction on the ground that the information, answer or record may tend to incriminate the person or render the person liable to any penalty; but (b) if the person is an individual — the information or answer given, or record produced, by the person is not admissible in evidence against the person in any criminal proceedings other than proceedings for perjury or for providing false or misleading information under section 160. 91. Assistance to exercise powers (1) An authorised officer may authorise as many other persons to assist in the exercise of the authorised officer's powers under this Subdivision as are reasonably necessary in the circumstances. (2) A person authorised under subsection (1) may exercise the power or assist the authorised officer to exercise the power, as the case requires. (3) Whether requested to do so or not, a person may assist another person to exercise a power under this Subdivision if the person reasonably suspects that the other person — (a) is lawfully entitled to exercise the power; and (b) needs assistance for the purpose of doing so. (4) A person who under this section is authorised by another person to exercise a power, or is assisting another person to exercise a power, must comply with any lawful and reasonable directions of the other person when exercising or assisting to exercise the power. (5) If a person, acting under this section, exercises a power under this Subdivision having been authorised by another person to do so, or assists another person to exercise a power under this Subdivision, any enactment that protects the person or the State from liability for the person's acts or omissions is taken to operate as if those acts or omissions included the person's acts or omissions when acting under this section. 92. Duty to identify driver or person in charge of vehicle (1) In this section — responsible person, in relation to a vehicle — (a) means a person who is a person responsible for the vehicle under the Road Traffic (Administration) Act 2008 section 6; and (b) includes a person to whom possession or control of the vehicle is entrusted at the time of the alleged offence referred to in subsection (2)(a) or (3)(a) (as the case requires); relevant offence means an offence under this Act involving — (a) the operation of a tow truck; or (b) obtaining, or attempting to obtain, an authority to tow a vehicle for the purposes of a regulated towing business. (2) A responsible person for a vehicle commits an offence if — (a) a relevant offence is alleged to have been committed; and (b) it is alleged that the vehicle was used by a person in connection with the commission of the alleged offence; and (c) an authorised officer requests the responsible person to give information that may lead to the identification of the driver or person in charge of the vehicle at the time of the alleged offence; and (d) the responsible person has, or could reasonably have ascertained, the information; and (e) the responsible person, without lawful excuse, fails to give the information. Penalty for this subsection: (a) for an individual — (i) for a first offence, a fine of $5 000; (ii) for a subsequent offence, a fine of $10 000; (b) for a body corporate, a fine of $25 000. (3) A responsible person for a vehicle commits an offence if — (a) a relevant offence is alleged to have been committed; and (b) it is alleged that the vehicle was used in connection with the commission of the alleged offence; and (c) an authorised officer requests the responsible person to give information that may lead to the identification of the driver or person in charge of the vehicle at the time of the alleged offence; and (d) the responsible person gives information that the person knows to be false or misleading in a material particular in response to the request. Penalty for this subsection: (a) for an individual — (i) for a first offence, a fine of $5 000; (ii) for a subsequent offence, a fine of $10 000; (b) for a body corporate, a fine of $25 000. (4) If a person is charged with an offence under subsection (2), the person may be convicted of an offence under section 93(2). 93. Duty to take reasonable measures to be able to comply with identity request (1) In this section — identity request means a request made under this Subdivision for information as to the identity of the person who was driving or in charge of a vehicle at any particular time; responsible person, for a vehicle, means a person who is a person responsible for the vehicle under the Road Traffic (Administration) Act 2008 section 6. (2) A responsible person for a vehicle commits an offence if the responsible person fails to take reasonable measures, or make reasonable arrangements, to ensure that if an identity request is made in relation to the vehicle, the responsible person will be able to comply with it. Penalty for this subsection: (a) for an individual — (i) for a first offence, a fine of $5 000; (ii) for a subsequent offence, a fine of $10 000; (b) for a body corporate, a fine of $25 000. 94. Offences (1) A person must comply with a direction of an authorised officer given under this Part. Penalty for this subsection: (a) for an individual, a fine of $5 000; (b) for a body corporate, a fine of $25 000. (2) A person must not hinder or obstruct an authorised officer in the performance of a function under this Part. Penalty for this subsection: (a) for an individual, a fine of $9 000; (b) for a body corporate, a fine of $45 000. Division 3 — Entry warrants 95. Terms used (1) In this Division — making an application includes giving information in support of the application; official details means — (a) in relation to a police officer — the officer's surname, rank and registered number; or (b) in relation to a person designated by the CEO under section 85(2) — the person's full name and official title; remote communication means any way of communicating at a distance, including by telephone, fax, email, radio and other electronic means. 96. Applications for entry warrant (1) An authorised officer may apply to a magistrate for an entry warrant authorising the entry of premises for the purposes referred to in section 86. (2) The application must be made in accordance with this Division and must include information prescribed by the regulations (if any). 97. Applications to be in person unless urgent (1) An application must be made in person before a magistrate unless — (a) the warrant is needed urgently; and (b) the applicant reasonably suspects that a magistrate is not available within a reasonable distance of the applicant or is not available in person within a reasonable time. (2) If subsection (1)(a) and (b) apply — (a) the application may be made to a magistrate by remote communication; and (b) the magistrate must not grant the application unless satisfied about the matters in subsection (1)(a) and (b). 98. Applications to be in writing unless made remotely (1) An application must be made in writing unless — (a) the application is made by remote communication; and (b) it is not practicable to send the magistrate written material. (2) If subsection (1)(a) and (b) apply — (a) the application may be made orally; and (b) the magistrate must make a written record of the application and any information given in support of it. 99. Applications to be on oath unless made remotely (1) An application must be made on oath unless — (a) the application is made by remote communication; and (b) it is not practicable for the magistrate to administer an oath to the applicant. (2) If subsection (1)(a) and (b) apply — (a) the application may be made in an unsworn form; and (b) if the magistrate issues an entry warrant, the applicant must as soon as practicable send the magistrate an affidavit verifying the application and any information given in support of it. 100. Form of entry warrants made remotely (1) If, on an application made by remote communication, a magistrate issues an entry warrant, the magistrate must, if practicable, send a copy of the original warrant to the applicant by remote communication, but otherwise — (a) the magistrate must send to the applicant by remote communication any information that must be set out in the warrant; and (b) the applicant must complete a form of warrant with the information received and give the magistrate a copy of the form as soon as practicable after doing so; and (c) the magistrate must attach a copy of the form to the original warrant and any affidavit received from the applicant and make them available for collection by the applicant. (2) The copy of the original warrant sent, or the form of the warrant completed, as the case may be, under subsection (1) has the same force and effect as the original warrant. 101. Evidence obtained inadmissible if failure to comply with section 99(2)(b) or 100(1)(b) If an applicant fails to comply with section 99(2)(b) or 100(1)(b), any evidence obtained under the entry warrant is not admissible in proceedings in a court or in the State Administrative Tribunal. 102. Issue and content of entry warrants (1) In relation to an application under section 96, a magistrate may issue an entry warrant if satisfied that it is necessary for the authorised officer to enter premises for purposes referred to in section 86. (2) An entry warrant must contain the following information — (a) the applicant's official details; (b) a reasonably particular description of the premises to which it relates; (c) a reasonably particular description of the purposes for which entry is required; (d) if a contravention of this Act is suspected — the provision concerned; (e) the period during which it may be executed, which must not be longer than 30 days; (f) the name of the magistrate who issued it; (g) the date and time when it was issued. (3) An entry warrant must be in the form prescribed by the regulations. (4) If a magistrate refuses to issue an entry warrant, the magistrate must record on the application the fact of, the date and time of, and the reasons for, the refusal. 103. Effect of entry warrants (1) An entry warrant has effect according to its content and this section. (2) An entry warrant comes into force when it is issued by a magistrate. (3) An entry warrant may be executed by any authorised officer. Division 4 — Obtaining business records 104. Terms used In this Division — business record means a record prepared or used in the ordinary course of a business for the purpose of recording any matter related to the business; order to produce means an order issued under section 107. 105. Application of this Division (1) An order to produce must not be issued under this Division to a person in relation to a business record that relates or may relate to an offence that the person is suspected of having committed. (2) This Division does not prevent an authorised officer from applying for an entry warrant in relation to a business record, whether before or after the issue of an order to produce. 106. Application for orders to produce (1) An authorised officer may apply for an order to produce a business record for the following purposes — (a) to investigate a suspected contravention of this Act; (b) to investigate suspected grounds for suspending or cancelling an authorisation granted under this Act. (2) An application for an order to produce must be made to a JP in accordance with Division 3, which applies for that purpose — (a) as if a reference in that Division to a magistrate were a reference to a JP; and (b) with any other necessary changes. (3) An application for an order to produce a business record must — (a) state the applicant's official details; and (b) state the purpose for which the order is required; and (c) set out the information prescribed by the regulations (if any); and (d) state the name of the person to whom the order will apply; and (e) state that the person is not suspected of having committed an offence; and (f) describe with reasonable particularity the business record or class of business record that the applicant wants the person to produce; and (g) state the reason the applicant reasonably believes the business record or class of business record is relevant to the investigation; and (h) state whether the original or a copy of the business record or class of business record is required. 107. Issue of orders to produce (1) On an application made under section 106(1), a JP may issue an order to produce a business record if satisfied that, in relation to each of the matters in section 106(1) that the applicant suspects, there are reasonable grounds for the applicant to have that suspicion. (2) An order to produce must contain the following information — (a) the applicant's official details; (b) the name of the person to whom the order applies; (c) a reasonably particular description of the business record or class of business record to be produced by the person; (d) an order that the person produce the record or records; (e) whether the original or a copy of the record or records is required; (f) whether a paper, electronic or other version of the record or records is required; (g) the place where the record or records are to be produced; (h) the date on or before which the order must be obeyed, which must allow a reasonable period for the person to obey the order; (i) the name of the JP who issued the order; (j) the date and time when the order was issued. (3) An order to produce must be in the form prescribed by the regulations. (4) If a JP refuses to issue an order to produce, the JP must record on the application the fact of, the date and time of, and the reasons for, the refusal. 108. Service of orders to produce (1) An order to produce must be served on the person to whom it applies as soon as practicable after it is issued. (2) An order to produce may be served by personal service or by post or, with the consent of the person to be served, by email or fax or in some other way agreed with the person. 109. Effect of orders to produce (1) An order to produce has effect according to its content. (2) A person who is served with an order to produce and who, without reasonable excuse, does not obey it commits an offence. Penalty for this subsection: (a) for an individual, a fine of $5 000; (b) for a body corporate, a fine of $25 000. 110. Powers in relation to order to produce (1) An authorised officer to whom a business record is produced under an order to produce may retain it for a reasonable time to determine its evidentiary value. (2) An authorised officer to whom a business record is produced may, if necessary to preserve the evidentiary value of the record or to subject it to forensic analysis — (a) seize the record; and (b) whether or not the record is seized, make a forensic analysis of it; and (c) make and retain a copy of it. (3) A person who produces a business record in compliance with an order to produce is not liable to any action or remedy by any person at common law for producing that record. Division 5 — Seizing things and related matters Subdivision 1 — Seizing of things 111. Application This Subdivision applies to and in relation to the seizing under this Part of a thing. 112. Grounds for seizing things If this Part provides that an authorised officer may seize a thing, the authorised officer may do so only if the authorised officer reasonably suspects that it is necessary to seize the thing for 1 or more of the following purposes — (a) to prevent it from being concealed, disturbed or lost; (b) to preserve its evidentiary value; (c) to subject it to forensic analysis; (d) to prevent it from being used in the commission of an offence. 113. Records relevant to offence (1) If a record may be seized, the authorised officer authorised to seize it may, if practicable, reproduce the record, whether or not in the same form, and instead seize the reproduction. Example for this subsection: A record on a computer could be reproduced by printing it out on paper or copying it to a data storage device and the paper or data storage device could then be seized. (2) If a record is seized, the authorised officer authorised to seize it may copy or take extracts from the record. (3) Subsection (4) applies if a record is seized and a person who appears entitled to possession of the record, and who does not already have a copy of the record, requests a copy of it. (4) The authorised officer must — (a) if it is reasonably practicable to do so, give a copy of the record to the person as soon as practicable after it is seized; or (b) unless the authorised officer reasonably suspects that doing so will jeopardise the evidentiary value of the record, allow the person to inspect the record and to make and keep a copy of it. 114. Seizing of devices and equipment If a record may be seized, an authorised officer may also, subject to section 112, seize any device or equipment in the possession of the person from whom the record may be seized that is reasonably suspected to be needed to gain access to, recover or reproduce the information in the record. 115. Powers to facilitate seizing of records (1) An authorised officer may exercise a power under this section for the purpose of seizing a record or exercising a power in section 113(1) or (2). (2) An authorised officer may operate any device or equipment, whether seized under section 114 or not, that is — (a) needed to gain access to, recover or make a reproduction of the record; and (b) possessed by the person from whom the record may be seized. (3) Subsection (4) applies if an authorised officer reasonably suspects that the person from whom the record may be seized, or an employee or agent of that person, knows how to gain access to or operate the device or equipment referred to in subsection (2). (4) The authorised officer may direct a person referred to in subsection (3) to provide any information or assistance that is reasonable and necessary to enable the authorised officer to seize the record or exercise the power. 116. List of seized things to be supplied on request (1) If an authorised officer seizes any thing, the following persons may ask the authorised officer for a list of what was seized — (a) the person who had custody or control of the thing before it was seized; (b) the occupier of th