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ACCIDENT TOWING SERVICES ACT 2007


TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purpose  
   2.      Commencement  
   3.      Definitions  
   4.      Objective  
   4A.     Transport Integration Act 2010  
   5.      Act to bind the Crown  

   PART 2--REQUIREMENTS AS TO TOW TRUCKS

           Division 1--Requirements for operating and driving certain tow trucks

   6.      Requirement to hold tow truck licence  
   7.      Further requirements for operating tow trucks  
   8.      Requirement for tow truck being driven to be licensed  
   9.      Offences as to unlicensed tow trucks at road accident scenes  
   9A.     Offence to use vehicle other than tow truck to provide accident towing services for hire or reward  
   10.     Power to issue regular tow truck licences  
   11.     Power to issue heavy tow truck licences  
   12.     Issue of new licences and re-issue of certain limited licences  
   13.     Period for which licence remains in force  

           Division 3--Authorisation for issue of new tow truck licences

   14.     Ministerial authorisation for the issue of regular tow truck licences  
   15.     Ministerial authorisation for the issue of heavy tow truck licences  
   16.     Notice of Ministerial authorisations under this Division  

           Division 4--Process for issuing new tow truck licences

   17.     Notice that standard tow truck licences available  
   18.     Applications for standard tow truck licences  
   19.     Time within which the Secretary must deal with application  
   20.     Approval of applications  
   21.     Issue of standard tow truck licences to approved applicants etc.  
   22.     The Secretary's discretion as to persons to whom limited tow truck licences issued  

           Division 5--General provisions applying to tow truck licences

   23.     Fees payable for licences  
   24.     Certificate on issue of licence  
   25.     Conditions on licences  
   26.     Offence not to comply with conditions on licence  
   27.     Specified tow trucks  
   28.     Nature of and dealings with tow truck licences  
   29.     Transfer of tow truck licence to another person  
   30.     Application for transfer of tow truck licence  
   31.     Recording and taking effect of transfer  

           Division 6--Cancellation and suspension of tow truck licences

   32.     The Secretary may cancel or suspend a tow truck licence  
   33.     Effect of cancellation or suspension of accreditation of licence holder  
   34.     Requirement to surrender licence certificate on cancellation or suspension of towing operator accreditation  

           Division 7--Permits to operate tow trucks in specific circumstances

   35.     Temporary permits  
   36.     Offence not to carry permit when driving  
   37.     Offence not to produce permit when asked  

           Division 8--Offences as to tow trucks

   38.     Offence not to take care in driving or operating tow truck  
   39.     Offence to leave tow truck standing for more than a certain period  
   40.     Offence for persons to travel in accident damaged motor vehicles  
   41.     Certain persons may be ordered to leave restricted road accident area  

           Division 9--Operation of tow trucks in controlled areas

   42.     Allocation offences in controlled areas  
   43.     Salvage exemption  
   44.     Prohibition on towing of vehicles removed from designated roads unless allocated  
   45.     Further allocation offences  
   46.     Declaration of controlled areas  
   47.     Appointment of allocation body  
   48.     Creation of allocation roster entitlements  
   49.     Circumstances in which roster entitlements can be applied to another licence  
   50.     Nature of allocation roster entitlement  

           Division 10--Self-management areas

   51.     Licence holder offences as to road accident scenes in self-management areas  
   52.     Self-management areas  
   53.     Review of decision by VCAT  
   54.     Time period for making application to VCAT  

   PART 3--INDUSTRY ACCREDITATION

           Division 1--Objective and requirement for accreditation

   55.     Industry accreditation objective  
   56.     Offence to operate or manage accident towing service business without accreditation  
   57.     The Secretary to accredit persons to carry on or manage accident towing services business  
   58.     How long accreditation remains in force  

           Division 2--Application for accreditation

   59.     Applications for tow truck operating accreditations  
   60.     Making of application  
   61.     The Secretary may require further information etc.  
   62.     Chief Commissioner of Police may supply information to the Secretary  
   63.     Time within which the Secretary must deal with application  
   64.     Nominated person  
   65.     When the Secretary may approve an application for accreditation  
   66.     Mandatory refusal of accreditation  
   67.     Refusal of accreditation unless the Secretary satisfied it is appropriate  
   68.     Discretionary refusal of accreditation  
   69.     Notification and reasons to be given if accreditation refused  
   70.     Disqualification for applying for accreditation  
   71.     Disqualification ceases if there has been a relevant change of circumstances  

           Division 3--Accreditation conditions and service standards

   72.     Conditions on accreditation  
   73.     The Secretary may vary, revoke or impose new conditions  
   74.     Offence to fail to comply with conditions  
   75.     Service standards  

           Division 4--Certificates of accreditation

   76.     Issue of certificate of accreditation  
   78.     Offence to retain illegible certificate  

           Division 5--Disciplinary action

   79.     When the Secretary must cancel accreditation  
   80.     When the Secretary may take disciplinary action  
   81.     Disciplinary action that may be taken in relation to accreditations  
   82.     Procedure for taking disciplinary action  
   83.     Notice of disciplinary action  
   84.     Immediate suspension of accreditation  
   85.     Effect of suspension of accreditation  
   86.     Return of certificate of accreditation  

           Division 6--VCAT review and jurisdiction

   87.     Original jurisdiction of VCAT in relation to mandatory refusal or cancellation  
   88.     Review of decision by VCAT  
   89.     Time period for making application to VCAT  

           Division 7--Miscellaneous

   90.     Accredited person to keep records  
   91.     Accreditation cannot be transferred  
   92.     Holder of accreditation and Chief Commissioner of Police to notify the Secretary of finding of guilt  
   93.     Offence not to notify of suspension or cancellation of accreditation  
   94.     Surrender of accreditation  
   95.     Consent to surrender  
   96.     Information disclosure by the Secretary  

   PART 4--DRIVER ACCREDITATION

           Division 1--Objective and requirement for accreditation

   97.     Driver accreditation objective  
   98.     Offence to drive licensed tow truck or tow truck providing accident towing services without accreditation  
   99.     The Secretary to accredit persons to drive licensed tow truck and accompany driver  
   100.    How long accreditation remains in force  

           Division 2--Application for accreditation

   101.    Applications for tow truck driver accreditation  
   102.    Making of application  
   103.    The Secretary may require further information  
   104.    Chief Commissioner of Police may supply information to the Secretary  
   105.    Time within which the Secretary must deal with application  
   106.    When the Secretary may approve an application for accreditation  
   107.    Mandatory refusal of accreditation  
   108.    Refusal of accreditation unless the Secretary satisfied it is appropriate  
   109.    Discretionary refusal of accreditation  
   110.    Notification and reasons to be given if accreditation refused  
   111.    Disqualification from applying for accreditation  
   112.    Disqualification ceases if there has been a relevant change of circumstances  

           Division 3--Accreditation conditions

   113.    Conditions on accreditation  
   114.    The Secretary may vary, revoke or impose new conditions  
   115.    Offence to fail to comply with conditions  

           Division 4--Certificates of accreditation

   116.    Issue of certificate of accreditation  
   117.    Offence not to sign certificate on receipt  
   119.    Offence to retain illegible certificate  
   120.    Offence not to carry certificate when driving  
   121.    Offence not to produce certificate when asked  

           Division 5--Disciplinary action

   122.    When the Secretary must cancel accreditation  
   123.    Accreditation cancelled or suspended if driver licence cancelled, expired or suspended  
   124.    When the Secretary may take disciplinary action  
   125.    Disciplinary action that may be taken in relation to accreditations  
   126.    Procedure for taking disciplinary action  
   127.    Notice of disciplinary action  
   128.    Immediate suspension of accreditation  
   129.    Effect of suspension of accreditation  
   130.    Return of certificate of accreditation  
   131.    Compensation for lost income during suspension  

           Division 6--VCAT review and jurisdiction

   132.    Original jurisdiction of VCAT in relation to mandatory refusal  
   133.    Review of decision by VCAT  
   134.    Time period for making application to VCAT  

           Division 7--Miscellaneous

   135.    Accreditation cannot be transferred  
   136.    Holder of accreditation and Chief Commissioner of Police to notify of finding of guilt  
   137.    Offence not to notify of suspension or cancellation of accreditation  
   138.    Surrender of accreditation  
   139.    Consent to surrender  
   140.    Information disclosure by the Secretary  

           Division 8--Tow truck trainee permit

   140A.   Power to issue permit  
   140B.   Period for which a permit remains in force  
   140C.   Conditions on permit  
   140D.   Application for permit  
   140E.   Making of application  
   140F.   The Secretary may require further information  
   140G.   Chief Commissioner of Police may supply information to the Secretary  
   140H.   Cancellation of permit  
   140I.   Offence not to carry permit when driving  
   140J.   Offence not to produce permit when asked  

   PART 5--GENERAL ACCIDENT TOWING AND RELATED OPERATIONS

           Division 1--Authority to tow

   141.    Definitions  
   142.    Offence to tow vehicle from road accident scene without owner authority  
   143.    Authority to tow for towing in a controlled area  
   144.    Tow truck driver must provide copy of authority to tow to owner before towing the vehicle  
   145.    Authority to tow to be carried and produced and job number to be given  
   146.    Removal of accident damaged motor vehicles  
   146A.   Licence holder must provide copy of authority to tow if requested by owner  

           Division 2--Offences at road accident scenes

   147.    Offence as to seeking repair work  
   148.    Offence as to seeking towing work and storage  

           Division 3--Storage of accident damaged motor vehicles

   150.    Initial towing and storage of accident damaged motor vehicles  
   151.    Provisions concerning damaged vehicle storage  

           Division 4--Obligations on repairers

   153.    No repair work to be carried out without owner's approval  
   154.    Cooling-off period for certain towing related repair agreements  
   155.    Owner not liable for repairs carried out at unauthorised place  
   156.    Offence to fail to release towed vehicle  

           Division 5--Obligations on repairers in relation to accident towing services in a controlled area

   157.    Definitions  
   158.    Obligations on repairers in respect of relevant accident damaged motor vehicles  
   159.    Copies of noted-up forms must be given to owners etc.  
   160.    Obligations on repairers if the authority to tow is defective or not provided  
   161.    Repairers must keep copy of authority to tow  
   162.    Owner may apply for certificate if authority to tow defective or lost  
   163.    Exception in relation to Division 5 offences  

   PART 6--ENFORCEMENT

           Division 1--Accident towing demerit points

   164.    Demerits Register  
   164A.   Who may incur accident towing demerit points?  
   165.    Circumstances in which accident towing demerit points are incurred and amount  
   166.    Period of suspension of accreditation  
   167.    The Secretary must suspend accreditation on service of notice  
   168.    Expiry of accident towing demerit points  
   169.    Date suspension of accreditation becomes effective  
   170.    Cancellation of accident towing demerit points  
   171.    Recording of accident towing demerit points not admissible in evidence except in limited circumstances  
   172.    Review by VCAT  

           Division 2--Infringement notices

   173.    Infringement notices, offences and penalties  

           Division 3--Improvement notices

   174.    Improvement notices  
   175.    Formal irregularities or defects in notice  
   176.    Proceedings for offences not affected by improvement notices  
   177.    Review of decision by VCAT  

           Division 4--Authorised officers

   178.    Appointment of authorised officer  
   179.    Identity cards  
   180.    Return of identity cards  
   181.    Power to enter and search tow trucks for compliance purposes  
   182.    Power to enter and search tow trucks for the purpose of obtaining evidence of contravention  
   183.    Production of identification by inspectors before vehicle searches  
   184.    Production of identification during searches  
   185.    Consent not needed for searches  

           Division 6--Search of business premises

   186.    Entry or search of premises with consent  
   187.    Entry of premises open to the public  
   188.    Entry without consent or warrant  
   189.    Search warrant  
   190.    Announcement before entry  
   191.    Details of warrant to be given to occupier  
   192.    Seizure of things not mentioned in the warrant  
   193.    Embargo notice  

           Division 7--Processes to deal with seized equipment or goods

   194.    Use or seizure of electronic equipment at premises  
   195.    Copies of certain things seized to be given  
   196.    Access to seized things  
   197.    Retention and return of seized documents or things  
   198.    Magistrates' Court may extend 3 month period  

           Division 8--General

   199.    Requirement to assist inspector during entry  
   200.    Self-incrimination not an excuse  
   201.    Direction to state name and address  
   202.    Manner of giving directions  
   203.    Offences as to compliance with requirements of, obstructing or hindering or impersonating an inspector  
   204.    Persons who may bring proceedings  

   PART 7--CODES OF PRACTICE

   205.    Codes of practice  
   206.    Amendment of approved codes of practice  
   207.    Revocation of approvals of codes of practice  
   208.    Availability of approved codes of practice  
   209.    Minister must consult before approving code of practice or amendment or revocation of code of practice  
   210.    Effect of approved code of practice  

   PART 7A--CHARGES

           Division 1--Determination of charges

   211.    Minister to determine charges for accident towing services and other services  
   212.    Determinations of charges  

           Division 2--Review of charges

   212A.   Periodic review of charges  
   212B.   Additional review at Minister's direction  
   212C.   Conduct of review  
   212D.   Objectives not to apply  
   212E.   Powers relating to reviews  
   212F.   Recommendations  
   212G.   Tabling of recommendations  

           Division 3--Indexation of charges

   212H.   Charges to be adjusted for CPI  

           Division 4--Offences

   212I.   Offence to charge unreasonable sum or sum different to charge determined under section 211  
   212J.   Offence to pay for obtaining work in respect of accident damaged motor vehicle  
   212K.   Offence to pay for handing over work in respect of accident damaged motor vehicle  

   PART 8--MISCELLANEOUS

   215.    Offence to provide false or misleading information  
   216.    No compensation payable  
   217.    Service of documents on natural persons  
   218.    Service of documents on corporations and address of corporations  
   219.    When service deemed to be effective  
   220.    Evidentiary provisions  
   221.    Offences by bodies corporate  
   222.    Conduct by officers, employees or agents  
   223.    Regulations  
   224.     Transitional provisions for commencement of new Scheme  

   PART 9--TRANSITIONAL PROVISIONS--TRANSPORT LEGISLATION AMENDMENT ACT 2019

   225.    Definitions  
   226.    Application of Interpretation of Legislation Act 1984  
   227.    Superseded references  
   228.    Things done by VicRoads before commencement day  
   229.    Things commenced but not completed by VicRoads before commencement day  
   230.    Fees determined by VicRoads  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           ENDNOTES


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