Accident Towing Services Act 2007

Part 1—Preliminary

1 Purpose

The purpose of this Act is—

(a) to promote the safe, efficient and timely provision of accident towing services and other related services by—

(i) licensing the operation of tow trucks that provide accident towing services; and

(ii) accrediting operators of accident towing service businesses and managers of depots from which accident towing services are provided; and

(iii) accrediting tow truck drivers when driving licensed tow trucks or providing accident towing services; and

(iv) providing for other matters related to the provision of accident towing services; and

(v) providing for matters related to the storage and repair of motor vehicles; and

S. 1(a)(vi) inserted by No. 40/2011 s. 3.

(vi) providing for matters relating to the salvage of accident damaged motor vehicles; and

(b) to make consequential and related amendments to the Infringements Act 2006, the Melbourne City Link Act 1995, the Police Regulation Act 1958, the Road Safety Act 1986 and the Transport Act 1983.

2 Commencement

(1) Section 1, this section and clause 10 of Schedule 3 come into operation on the day after the day on which this Act receives the Royal Assent.

(2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day to be proclaimed.

(3) If a provision of this Act referred to in subsection (2) does not come into operation before 1 January 2009, it comes into operation on that day.

3 Definitions

(1) In this Act—

S. 3(1) def. of accident damaged motor vehicle substituted by No. 28/2009 s. 62(1).

accident damaged motor vehicle means a motor vehicle that has been damaged as the result of a road accident;

accident towing demerit point means a demerit point incurred in accordance with regulations made under this Act;

accident towing service means the service of operating tow trucks for the following purposes—

(a) the purpose of towing accident damaged motor vehicles, where the towing of the accident damaged motor vehicle takes place between the time when the road accident in which the motor vehicle is damaged occurs and the time when the motor vehicle is first delivered to the place specified in the authority to tow;

(b) the purpose of clearing road accident scenes;

accident towing service business means the trade or business of operating tow trucks for hire or reward for the purpose of providing accident towing services;

accredited person means the holder of—

(a) a towing operator accreditation; or

(b) a towing depot manager accreditation; or

(c) a tow truck driver accreditation;

S. 3(1) def. of allocation body amended by No. 49/2019 s. 140(Sch. 2 item 1(a)).

allocation body, in relation to a controlled area, means—

(a) if a person or body has been appointed under section 47 to be the allocation body for that area, that person or body; or

(b) in any other case, the Secretary;

approved code of practice means a code of practice the making of which, and (where the case so requires) the amending of which, has been approved by the Minister under Part 7;

authorised officer means a person appointed as an authorised officer under section 178;

authority to tow means an authorisation, obtained in accordance with Division 1 of Part 5, by the driver of a tow truck to tow an accident damaged motor vehicle;

S. 3(1) def. of basic salvage service inserted by No. 40/2011 s. 4(1).

basic salvage service means the service of salvaging a motor vehicle—

(a) using one or more tow trucks that are not heavy tow trucks; and

(b) without using a mobile crane;

S. 3(1) def. of Chief Commis-sioner of Police amended by No. 37/2014 s. 10(Sch. item 3.1(b)).

Chief Commissioner of Police means the Chief Commissioner of Police appointed under the Victoria Police Act 2013;

Commission means the Essential Services Commission established under the Essential Services Commission Act 2001;

controlled area means any area declared to be a controlled area under section 46;

corporation has the same meaning as in section 9 of the Corporations Act;

daily storage charge means an amount determined by the Minister under section 211 as the fee to be paid each day for the storing of an accident damaged motor vehicle;

S. 3(1) def. of Department amended by Nos 70/2013 s. 4(Sch. 2 item 1.1), 49/2019 s. 140(Sch. 2 (item 1(b)), 25/2025 s. 106(Sch. 1 item 2.1(a)).

Department means the Department of Transport and Planning;

depot means a premises from which tow trucks are being operated in the course of an accident towing service business;

S. 3(1) def. of designated road amended by Nos 70/2012 s. 13(2), 8/2019 s. 79(1), 18/2020 s. 114(1).

designated road means—

(a) the Link road;

(b) the Extension road;

(c) EastLink;

(ca) the Peninsula Link Freeway;

(cb) the West Gate Tunnel tollway;

(cc) the North East Link road;

(d) any freeway within the meaning of the Road Management Act 2004;

(e) any road that has been declared under section 119A of the Road Management Act 2004 to be a road to which that section applies;

director, in relation to a corporation, has the same meaning as it has in section 9 of the Corporations Act;

drive, in relation to a motor vehicle, includes being in control of the motor vehicle;

driver accreditation objective means the objective set out in section 97;

EastLink has the same meaning as in the EastLink Project Act 2004;

Extension road has the same meaning as in the Melbourne City Link Act 1995;

Freeway Corporation has the same meaning as in the EastLink Project Act 2004;

S. 3(1) def. of heavy tow truck repealed by No. 28/2009 s. 62(2),
new def. of heavy tow truck
inserted by No. 40/2011 s. 4(1).

heavy tow truck means a tow truck that is capable of towing a motor vehicle that has a gross vehicle mass of 4 tonnes or more;

heavy tow truck licence means a licence under section 11;

industry accreditation objective means the objective set out in section 55;

S. 3(1) def. of inspector amended by No. 37/2014 s. 10(Sch. item 3.1(c)).

inspector means—

(a) an authorised officer; or

(b) a police officer who has been authorised by the Chief Commissioner of Police to exercise powers for the purposes of this Act;

infringement notice has the same meaning as in the Infringements Act 2006;

job number means the number given by an allocation body to an authorisation given by that body to tow an accident damaged motor vehicle from a road accident scene in the controlled area of that body;

S. 3(1) def. of licensed (heavy) tow truck repealed by No. 28/2009 s. 62(2).

S. 3(1) def. of licensed (regular) tow truck repealed by No. 28/2009 s. 62(2).

S. 3(1) def. of licensed tow truck substituted by No. 28/2009 s. 62(3).

licensed tow truck means a tow truck that is specified in a tow truck licence;

S. 3(1) def. of limited tow truck licence amended by No. 8/2019 s. 79(2), substituted by No. 18/2020 s. 114(2).

limited tow truck licence means—

(a) a regular tow truck licence issued under section 10(2), 10(3), 10(4) or 10(5); or

(b) a heavy tow truck licence issued under section 11(2), 11(3), 11(4) or 11(5);

Link road has the same meaning as in the Melbourne City Link Act 1995;

S. 3(1) def. of mass, dimension or load restraint limit or requirement inserted by No. 28/2009 s. 62(5), substituted by No. 30/2013 s. 60(Sch. item 2.1).

mass, dimension or load restraint limit or requirement means—

(a) a mass, dimension or load restraint limit or requirement within the meaning of the Road Safety Act 1986; or

(b) a mass, dimension or loading requirement within the meaning of the Heavy Vehicle National Law (Victoria);

Melbourne controlled area means the area declared to be the Melbourne controlled area under section 46;

See also clause 9 of Schedule 3 for the transitional meaning of this term.

Melbourne licence means a regular tow truck licence, the specified depot for which is in the Melbourne controlled area;

S. 3(1) def. of member of the force repealed by No. 37/2014 s. 10(Sch. item 3.1(d)).

S. 3(1) def. of motor vehicle amended by No. 6/2010 s. 203(1) (Sch. 6 item 1.1(a)) (as amended by No. 45/2010 s. 22).

motor vehicle has the same meaning as in section 86(1) of the Transport (Compliance and Miscellaneous) Act 1983;

nominated person means a person nominated under section 64;

S. 3(1) def. of non-limited tow truck licence repealed by No. 40/2011 s. 21(Sch. item 1).

S. 3(1) def. of North East Link road inserted by No. 18/2020 s. 114(3).

North East Link road has the same meaning as in the North East Link Act 2020;

S. 3(1) def. of North East Link State Tolling Corporation inserted by No. 18/2020 s. 114(3).

North East Link State Tolling Corporation has the same meaning as in the North East Link Act 2020;

operate, in relation to a tow truck, means directing, controlling or being responsible for the tow truck, but does not mean driving the tow truck;

owner, in relation to a tow truck, includes the following—

(a) a person who is the owner of the tow truck;

(b) a person who has the use of the tow truck under a lease agreement;

(c) a person in whose name a tow truck is registered under the Road Safety Act 1986 or any Act or Ordinance of any State or Territory of the Commonwealth corresponding to this Act;

S. 3(1) def. of Peninsula Link Freeway inserted by No. 70/2012 s. 13(1).

Peninsula Link Freeway has the same meaning as in the Road Management Act 2004;

S. 3(1) def. of Peninsula Link Freeway Corporation inserted by No. 70/2012 s. 13(1).

Peninsula Link Freeway Corporation has the same meaning as in the Road Management Act 2004.

S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 3.1(a)).

police officer has the same meaning as in the Victoria Police Act 2013;

S. 3(1) def. of regular tow truck repealed by No. 28/2009 s. 62(2).

regular tow truck licence means a licence under section 10;

relevant agency means a relevant agency (that is not an enforcement agency) within the meaning of the Melbourne City Link Act 1995;

S. 3(1) def. of relevant North East Link agency inserted by No. 18/2020 s. 114(3).

relevant North East Link agency means—

(a) the North East Link State Tolling Corporation; or

(b) the North East Link operator (within the meaning of the North East Link Act 2020);

relevant person, in relation to an applicant for accreditation under Part 3 or a person accredited under Part 3, means—

(a) any person who holds a share in the capital of, or an entitlement to receive income derived from, the business to which the application or accreditation relates and by virtue of that interest is able to exercise a significant influence over or with respect to the management of the activities to which the application or the accreditation relates; or

(b) any person who is entitled to exercise any power to participate in the management of the activities to which the application or the accreditation relates or to elect or appoint any person connected with the management of the business to which the application or accreditation relates; or

(c) any person who is a director, secretary, member of the committee of management, or connected with the management, of the business to which the application or accreditation relates;

S. 3(1) def. of relevant West Gate Tunnel agency inserted by No. 8/2019 s. 79(4).

relevant West Gate Tunnel agency means the West Gate Tunnel Corporation or the West Gate Tunnel operator within the meaning of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019;

road has the same meaning as in the Road Safety Act 1986;

road accident means an impact or collision of one or more motor vehicles—

(a) on a road or road related area; or

(b) not on a road or road related area, if immediately before the impact or collision one or more of the vehicles involved in the impact or collision had been travelling on a road or road related area;

road accident scene means an area within a 2 kilometre radius of a road accident;

S. 3(1) def. of road accident scene roster substituted by No. 28/2009 s. 62(4).

road accident scene roster, in relation to a controlled area, means the roster, that is kept by the allocation body for the area, of allocations of tow trucks to do the following—

(a) to attend road accident scenes in the controlled area;

(b) to be used to tow accident damaged motor vehicles, with a gross vehicle mass of less than 4 tonnes, from road accident scenes in the controlled area;

road related area has the same meaning as in the Road Safety Act 1986;

S. 3(1) def. of salvage substituted by No. 40/2011 s. 4(2).

salvage, in the case of an accident damaged motor vehicle that, as a result of the accident—

(a) is in a location that is not a road or a road related area; or

(b) is embedded in a building or in an object that is not a motor vehicle; or

(c) is overturned or on its side—

means the moving of the motor vehicle to a place on a road or road related area or into an upright position or both so that it may be towed by a tow truck without assistance;

S. 3(1) def. of Secretary inserted by No. 49/2019 s. 140(Sch. 2 item 1(c)), amended by No. 25/2025 s. 106(Sch. 1 item 2.1(b)).

Secretary means Secretary to the Department;

self-management area means an area declared to be a self-management area under section 52;

service standard means a service standard determined under section 75;

specified depot in relation to a licensed tow truck, means the depot specified in the tow truck licence under which the tow truck operates;

S. 3(1) def. of standard tow truck licence inserted by No. 40/2011 s. 21(Sch. item 2).

standard tow truck licence means a tow truck licence that is not a limited tow truck licence;

temporary permit means a permit granted under section 35;

S. 3(1) def. of tow
amended by No. 40/2011 s. 4(3).

tow, in relation to any motor vehicle, includes—

(a) lifting and towing the motor vehicle;

(b) lifting and carrying the motor vehicle;

(c) lifting the motor vehicle for the purpose of towing the motor vehicle—

but does not include salvage of the motor vehicle;

tow truck means—

(a) any motor vehicle—

(i) that is equipped with a crane, winch, ramp or other lifting device; and

(ii) that is used or intended to be used for the towing of motor vehicles; or

(b) a motor vehicle to which is attached, temporarily or otherwise, a trailer or device that is—

(i) equipped with a winch or ramp or other lifting device; and

(ii) that is used or intended to be used for the towing of motor vehicles;

S. 3(1) def. of towing depot manager accreditation repealed by No. 43/2012 s. 3(Sch. item 2(a)).

S. 3(1) def. of towing operator accreditation repealed by No. 43/2012 s. 3(Sch. item 2(a)).

tow truck driver accreditation means an accreditation under section 99;

tow truck licence means a licence under Part 2;

S. 3(1) def. of tow truck trainee permit inserted by No. 28/2009 s. 62(5).

tow truck trainee permit means a permit issued under section 140A(1);

S. 3(1) def. of towing depot manager accreditation inserted by No. 43/2012 s. 3(Sch. item 2(b)).

towing depot manager accreditation means an accreditation under section 57(2);

S. 3(1) def. of towing operator accreditation inserted by No. 43/2012 s. 3(Sch. item 2(b)).

towing operator accreditation means an accreditation under section 57(1);

S. 3(1) def. of VicRoads amended by No. 6/2010 s. 203(1) (Sch. 6 item 1.1(b)) (as amended by No. 45/2010 s. 22), repealed by No. 49/2019 s. 140(Sch. 2 item 1(d)).

S. 3(1) def. of West Gate Tunnel Corporation inserted by No. 8/2019 s. 79(4).

West Gate Tunnel Corporation has the same meaning as it has in the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019;

S. 3(1) def. of West Gate Tunnel tollway inserted by No. 8/2019 s. 79(4).

West Gate Tunnel tollway has the same meaning as it has in the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019.

(2) In this Act, a reference to a person who has been found guilty of an offence is a reference to a person—

(a) against whom a court has made a formal finding that he or she is guilty of the offence; or

(b) from whom a court has accepted an admission under section 100 of the Sentencing Act 1991 that he or she has committed the offence, or from whom a similar admission has been accepted under equivalent provisions of the laws of a jurisdiction other than Victoria; or

(c) against whom a finding has been made under—

S. 3(2)(c)(i) amended by No. 55/2014 s. 140(a).

(i) section 17(1)(b) or 38X(1)(b) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 that he or she was not guilty of the offence because of mental impairment; or

S. 3(2)(c)(ii) amended by No. 55/2014 s. 140(b).

(ii) section 17(1)(c) or 38X(1)(c) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 that he or she committed the offence—

or against whom a similar finding has been made under equivalent provisions of the laws of a jurisdiction other than Victoria—

being an admission or finding that has not been subsequently quashed or set aside by a court.

(3) In this Act, a reference to a person who has been charged with an offence is a reference to a person—

S. 3(3)(a) substituted by No. 68/2009 s. 97(Sch. item 4.1).

(a) against whom an indictment charging the offence has been filed; or

S. 3(3)(b) amended by No. 68/2009 s. 97(Sch. item 4.2).

(b) against whom a charge-sheet charging the offence has been filed, whether or not—

(i) a summons to answer the charge; or

(ii) a warrant to arrest the person—

has been issued or served.

(4) In this Act, a reference to a charge that has not been finally disposed of is a reference to a charge that has not been finally dealt with by—

S. 3(4)(a) amended by No. 68/2009 s. 97(Sch. item 4.3).

(a) being withdrawn or by the discontinuance of the prosecution; or

(b) the charge having been dismissed by a court; or

S. 3(4)(c) amended by Nos 68/2009 s. 97(Sch. item 4.4), 5/2025 s. 44.

(c) the person charged having been discharged by a court following a committal proceeding; or

S. 3(4)(d) amended by No. 68/2009 s. 97(Sch. item 4.5).

(d) the person charged having been acquitted or found guilty of the offence by a court; or

(e) any other prescribed means.

S. 3(4A) inserted by No. 40/2011 s. 4(4)

(4A) In this Act, a reference to a charge determined under section 211 includes a reference to a charge that has been indexed under Division 3 of Part 7A.

S. 3(5) amended by Nos 70/2013 s. 4(Sch. 2 item 1.2), 25/2025 s. 106(Sch. 1 item 2.2).

(5) If under the Public Administration Act 2004 the name of the Department of Transport and Planning is changed, the reference in subsection (1) to that Department must, from the date when the name is changed, be treated as a reference to the Department by its new name.

S. 3(6) inserted by No. 28/2009 s. 62(6), amended by No. 30/2013 s. 60(Sch. item 2.2).

(6) For the purposes of this Act, a tow truck is to be regarded as capable of towing a vehicle, if the towing of the vehicle would not contravene a mass, dimension or load restraint limit or requirement that applies to the tow truck under the Road Safety Act 1986 or the Heavy Vehicle National Law (Victoria).

4 Objective

The objective of this Act is to—

(a) promote the safe, efficient and timely provision of accident towing services and other related services;

(b) ensure that persons who are providing accident towing services—

(i) are of appropriate character; and

(ii) are technically competent to provide the services; and

(iii) when providing the services, act with integrity and in a manner that is safe, timely, efficient and law abiding, and in particular, that regard is had for vulnerable persons.

S. 4A inserted by No. 6/2010 s. 24(5)(Sch. 1 item 1) (as amended by No. 45/2010 s. 5).

4A Transport Integration Act 2010

This Act is transport legislation within the meaning of the Transport Integration Act 2010.

5 Act to bind the Crown

This Act binds the Crown in right of Victoria and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

Part 2—Requirements as to tow trucks

Division 1—Requirements for operating and driving certain tow trucks

S. 6 substituted by No. 28/2009 s. 63(1).

6 Requirement to hold tow truck licence

A person must not operate a tow truck in the course of conducting an accident towing service business to provide accident towing services unless—

(a) if the person provides the service to vehicles of any gross vehicle mass, the person holds a regular tow truck licence; or

(b) if the person provides the service only to vehicles that have a gross vehicle mass of 4 tonnes or more, the person holds a heavy tow truck licence.

S. 7 substituted by No. 28/2009 s. 63(1).

7 Further requirements for operating tow trucks

A person who is operating a tow truck in the course of conducting an accident towing service business—

(a) must do so from the depot specified in the tow truck licence; and

(b) must hold a towing operator accreditation; and

(c) must be the registered operator of the tow truck (within the meaning of the Road Safety Act 1986); and

(d) must not provide an accident towing service to a vehicle that the tow truck is not capable of towing.

S. 8 substituted by No. 28/2009 s. 63(1).

8 Requirement for tow truck being driven to be licensed

(1) A person must not drive a tow truck that is being operated in the course of conducting an accident towing service business unless there is in force a regular tow truck licence or a heavy tow truck licence that authorises the operation of the tow truck.

(2) A person who is driving a tow truck that is being operated in the course of conducting an accident towing service business under a regular tow truck licence must ensure that the tow truck does not tow a vehicle that the tow truck is not capable of towing.

(3) A person who is driving a tow truck that is being operated in the course of conducting an accident towing service business under a heavy tow truck licence must ensure that the tow truck does not tow—

(a) a vehicle of a gross vehicle mass of less than 4 tonnes; or

(b) a vehicle that the tow truck is not capable of towing.

S. 9 substituted by No. 28/2009 s. 63(1).

9 Offences as to unlicensed tow trucks at road accident scenes

(1) A person who is driving a tow truck that is normally used to provide towing services for hire or reward must not attend a road accident scene unless the tow truck is being operated under a tow truck licence.

(2) A person does not commit an offence under subsection (1) if the person is driving a tow truck for the purpose of salvaging an accident damaged motor vehicle, if—

(a) the attendance of the tow truck is necessary for the salvage of the motor vehicle; and

(b) the tow truck does not tow any accident damaged motor vehicle from the road accident scene at which the salvaging takes place.

S. 9A
inserted by No. 40/2011 s. 5.

9A Offence to use vehicle other than tow truck to provide accident towing services for hire or reward

A person must not drive for hire or reward a motor vehicle that is not a tow truck for the purpose of—

(a) towing an accident damaged motor vehicle from the road accident scene at which that motor vehicle was damaged; or

(b) clearing a road accident scene.

Division 2—Licensing

S. 10 substituted by No. 28/2009 s. 63(2).

10 Power to issue regular tow truck licences

S. 10(1) amended by Nos 8/2019 s. 80(1), 49/2019 s. 140(Sch. 2 item 2), 18/2020 s. 115(1).

(1) Subject to subsections (2), (3), (4) and (5), the Secretary may license a person to operate a tow truck that is specified in the licence in the course of conducting an accident towing service business—

(a) to provide accident towing services to vehicles of any gross vehicle mass that the tow truck is capable of towing; and

(b) from the depot specified in the licence.

S. 10(2) amended by No. 49/2019 s. 140(Sch. 2 item 2).

(2) In the case of a licence authorised by the Minister to be issued under section 14(2)(d), the Secretary may license the relevant agency or contractor (as the case requires) to operate a tow truck that is specified in the licence in the course of conducting an accident towing service business—

(a) to provide accident towing services to vehicles of any gross vehicle mass that the tow truck is capable of towing; and

(c) on the whole or any part of the Link road or Extension road, as specified in the licence, or on any other designated road that is specified in the licence.

S. 10(3) amended by No. 49/2019 s. 140(Sch. 2 item 2).

(3) In the case of a licence authorised by the Minister to be issued under section 14(2)(e), the Secretary may license the Freeway Corporation or contractor (as the case requires) to operate a tow truck that is specified in the licence in the course of conducting an accident towing service business—

(a) to provide accident towing services to vehicles of any gross vehicle mass that the tow truck is capable of towing; and

(c) on the whole or any part of EastLink, as specified in the licence, or on any other designated road that is specified in the licence.

S. 10(4) inserted by No. 8/2019 s. 80(2) (as amended by No. 49/2019 s. 162).

(4) In the case of a licence authorised by the Minister to be issued under section 14(2)(f), the Secretary may license the relevant West Gate Tunnel agency or contractor (as the case requires) to operate a tow truck that is specified in the licence on the West Gate Tunnel tollway or on any other designated road specified in the licence, in the course of conducting an accident towing service business—

(a) to provide accident towing services to vehicles of any gross vehicle mass that the tow truck is capable of towing; and

(c) on the whole or any part of the West Gate Tunnel tollway, as specified in the licence, or on any other designated road that is specified in the licence.

S. 10(5) inserted by No. 18/2020 s. 115(2).

(5) In the case of a licence authorised by the Minister to be issued under section 14(2)(g), the Secretary may license the relevant North East Link agency or contractor (as the case requires) to operate a tow truck that is specified in the licence in the course of conducting an accident towing service business—

(a) to provide accident towing services to vehicles of any gross vehicle mass that the tow truck is capable of towing; and

(c) on the whole or any part of the North East Link road, as specified in the licence, or on any other designated road that is specified in the licence.

S. 11 substituted by No. 28/2009 s. 63(2).

11 Power to issue heavy tow truck licences

S. 11(1) amended by Nos 49/2019 s. 140(Sch. 2 item 3), 18/2020 s. 116(1).

(1) Subject to subsections (2), (3), (4) and (5), the Secretary may license a person to operate a tow truck that is specified in the licence in the course of conducting an accident towing service business—

(a) to provide accident towing services to vehicles that the tow truck is capable of towing that have a gross vehicle mass of 4 tonnes or more; and

(b) from the depot specified in the licence.

S. 11(2) amended by No. 49/2019 s. 140(Sch. 2 item 3).

(2) In the case of a licence authorised by the Minister to be issued under section 15(2)(d), the Secretary may license the relevant agency or contractor (as the case requires) to operate a tow truck that is specified in the licence in the course of conducting an accident towing service business—

(a) to provide accident towing services to vehicles that the tow truck is capable of towing that have a gross vehicle mass of 4 tonnes or more; and

(c) on the whole or any part of the Link road or Extension road, as specified in the licence, or on any other designated road that is specified in the licence.

S. 11(3) amended by No. 49/2019 s. 140(Sch. 2 item 3).

(3) In the case of a licence authorised by the Minister to be issued under section 15(2)(e), the Secretary may license the Freeway Corporation or contractor (as the case requires) to operate a tow truck that is specified in the licence in the course of conducting an accident towing service business—

(a) to provide accident towing services to vehicles that the tow truck is capable of towing that have a gross vehicle mass of 4 tonnes or more; and

(c) on the whole or any part of EastLink, as specified in the licence, or on any other designated road that is specified in the licence.

S. 11(4) inserted by No. 8/2019 s. 81 (as amended by No. 49/2019 s. 163).

(4) In the case of a licence authorised by the Minister to be issued under section 15(2)(f), the Secretary may license the relevant West Gate Tunnel agency or contractor (as the case requires) to operate a tow truck that is specified in the licence, in the course of conducting an accident towing service business—

(a) to provide accident towing services to vehicles that the tow truck is capable of towing that have a gross vehicle mass of 4 tonnes or more; and

(c) on the whole or any part of the West Gate Tunnel tollway, as specified in the licence, or on any other designated road that is specified in the licence.

S. 11(5) inserted by No. 18/2020 s. 116(2).

(5) In the case of a licence authorised by the Minister to be issued under section 15(2)(g), the Secretary may license the relevant North East Link agency or contractor (as the case requires) to operate a tow truck that is specified in the licence in the course of conducting an accident towing service business—

(a) to provide accident towing services to vehicles that the tow truck is capable of towing that have a gross vehicle mass of 4 tonnes or more; and

(c) on the whole or any part of the North East Link road, as specified in the licence, or on any other designated road that is specified in the licence.

12 Issue of new licences and re-issue of certain limited licences

S. 12(1) amended by No. 49/2019 s. 140(Sch. 2 item 4).

(1) Subject to subsection (2), the Secretary must not issue a new regular tow truck licence under section 10 or a new heavy tow truck licence under section 11 unless the Secretary does so in accordance with an authorisation of the Minister under Division 3.

S. 12(2) amended by Nos 8/2019 s. 82, 49/2019 s. 140(Sch. 2 item 4), 18/2020 s. 117.

(2) If, under section 13(2), 13(3), 13(4) or 13(5), a limited tow truck licence ceases to be held by a person, the Secretary may issue a new licence, under section 10(2), 10(3), 10(4) or 10(5), or 11(2), 11(3), 11(4) or 11(5), in substitution of the licence that has ceased to be in force, to a person entitled under the relevant subsection to hold such a licence.

13 Period for which licence remains in force

(1) Subject to subsection (2), a tow truck licence remains in force until the licence is cancelled or surrendered.

(2) If a limited tow truck licence held by a relevant agency or a contractor to a relevant agency ceases to be held by the relevant agency or contractor, the licence ceases to be in force.

(3) If a limited tow truck licence, held by the Freeway Corporation or a contractor to the Freeway Corporation, ceases to be held by the Freeway Corporation or contractor, the licence ceases to be in force.

S. 13(4) inserted by No. 8/2019 s. 83.

(4) If a limited tow truck licence held by a relevant West Gate Tunnel agency or a contractor ceases to be held by the relevant West Gate Tunnel agency or contractor, the licence ceases to be in force.

S. 13(5) inserted by No. 18/2020 s. 118.

(5) If a limited tow truck licence held by a relevant North East Link agency or a contractor ceases to be held by the relevant North East Link agency or contractor, the licence ceases to be in force.

Division 3—Authorisation for issue of new tow truck licences

14 Ministerial authorisation for the issue of regular tow truck licences

(1) The Minister may authorise the issuing of regular tow truck licences for an area.

(2) The Minister must not make an authorisation under this section for the whole or any part of a controlled area unless—

S. 14(2)(a) amended by No. 28/2009 s. 64(1).

(a) the Minister considers it to be in the public interest to do so having regard to any increase in the need for tow trucks operating under regular tow truck licences in the area; or

(b) the licences to be issued are to replace licences that have been cancelled for the area; or

(c) the Minister considers that there are exceptional circumstances in the area that justify the further issue of regular tow truck licences for the area; or

S. 14(2)(d) amended by No. 8/2019 s. 84(1).

(d) in the case of the Link road or the Extension road, the licences are to be issued to—

(i) a relevant agency; or

(ii) a person who is contracted by a relevant agency to provide accident towing services for the whole or a part of the Link road or Extension road—

and the Minister is of the opinion that the issue of the licences is necessary to enable the relevant agency or person contracted to the relevant agency to perform its obligations, exercise its rights or carry out its functions under this Act or the Melbourne City Link Act 1995, regulations made under this Act or that Act or the Agreement or Extension Agreement within the meaning of that Act or under any other agreement between the State and the relevant agency that makes provision with respect to towing services on the Link road or the Extension road or any other designated road; or

S. 14(2)(e) amended by No. 8/2019 s. 84(2).

(e) in the case of EastLink, the licences are to be issued to—

(i) the Freeway Corporation within the meaning of the EastLink Project Act 2004; or

(ii) a person who is contracted by the Freeway Corporation to provide accident towing services for the whole or a part of Eastlink—

and the Minister is of the opinion that the issue of the licences is necessary to enable the Freeway Corporation or person contracted to the Freeway Corporation to perform its obligations, exercise its rights or carry out its functions under this Act or the EastLink Project Act 2004, regulations made under this Act or that Act or the Agreement within the meaning of that Act or under any other agreement between the State and the Freeway Corporation that makes provision with respect to towing services on the EastLink or any other designated road; or

S. 14(2)(f) inserted by No. 8/2019 s. 84(3), amended by No. 18/2020 s. 119(1)(a).

(f) in the case of the West Gate Tunnel tollway, the licences are to be issued to—

(i) a relevant West Gate Tunnel agency; or

(ii) a person who is contracted by the relevant West Gate Tunnel agency to provide accident towing services for the whole or a part of the West Gate Tunnel tollway—

and the Minister is of the opinion that the issue of the licences is necessary to enable the relevant West Gate Tunnel agency or person contracted to the relevant West Gate Tunnel agency to perform its obligations, exercise its rights or carry out its functions under this Act or the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019 or regulations made under this Act or that Act or the West Gate Tunnel Agreement within the meaning of that Act or under any other agreement between the State and the relevant West Gate Tunnel agency that makes provision with respect to towing services on the West Gate Tunnel tollway or any other designated road;

S. 14(2)(g) inserted by No. 18/2020 s. 119(1)(b).

(g) in the case of the North East Link road, the licences are to be issued to—

(i) a relevant North East Link agency; or

(ii) a person who is contracted by the relevant North East Link agency to provide accident towing services for the whole or a part of the North East Link road—

and the Minister is of the opinion that the issue of the licences is necessary to enable the relevant North East Link agency or person contracted to the relevant North East Link agency to perform its obligations, exercise its rights or carry out its functions under this Act or the North East Link Act 2020 or regulations made under this Act or that Act or a North East Link operation and maintenance agreement within the meaning of that Act or under any other agreement entered into by the relevant North East Link agency that makes provision with respect to towing services on the North East Link road or any other designated road.

(3) The Minister must not make an authorisation under this section for an area that is not within a controlled area unless—

S. 14(3)(a) amended by No. 28/2009 s. 64(2).

(a) the Minister considers it to be in the public interest to do so having regard to the need for tow trucks operating under regular tow truck licences in the area; or

(b) licences to be issued are to replace licences that have been cancelled for the area; or

(c) the Minister considers that there are exceptional circumstances in the area to be specified in the licence that justify the further issue of regular tow truck licences for that area.

(4) In making an authorisation under this section, the Minister must specify the number of licences that are authorised to be issued.

S. 14(5) amended by Nos 8/2019 s. 84(4), 18/2020 s. 119(2).

(5) In making an authorisation to which subsection (2)(d), (2)(e), (2)(f) or (2)(g) applies—

S. 14(5)(a) amended by No. 49/2019 s. 140(Sch. 2 item 5).

(a) the Minister may require the Secretary to impose the conditions, specified in the authorisation, on the licences; and

(b) the Minister is not required to comply with section 16; and

(c) the Minister may specify fees that are payable for the licences.

15 Ministerial authorisation for the issue of heavy tow truck licences

(1) The Minister may authorise the issuing of heavy tow truck licences for an area.

(2) The Minister must not make an authorisation under this section unless—

S. 15(2)(a) amended by No. 28/2009 s. 65.

(a) the Minister considers it to be in the public interest to do so having regard to any increase in the need for tow trucks operating under heavy tow truck licences in the area; or

(b) the licences to be issued are to replace licences that have been cancelled for the area; or

(c) the Minister considers that there are exceptional circumstances in the area that justify the further issue of heavy tow truck licences for the area; or

S. 15(2)(d) amended by No. 8/2019 s. 85(1).

(d) in the case of the Link road or the Extension road, the licences are to be issued to—

(i) a relevant agency; or

(ii) a person who is contracted by a relevant agency to provide accident towing services for the whole or a part of the Link road or Extension road—

and the Minister is of the opinion that the issue of the licences is necessary to enable the relevant agency or person contracted to the relevant agency to perform its obligations, exercise its rights or carry out its functions under this Act or the Melbourne City Link Act 1995, regulations made under this Act or that Act or the Agreement or Extension Agreement within the meaning of that Act or under any other agreement between the State and the relevant agency that makes provision with respect to towing services on the Link road or the Extension road or any other designated road; or

S. 15(2)(e) amended by No. 8/2019 s. 85(2).

(e) in the case of EastLink, the licences are to be issued to—

(i) the Freeway Corporation within the meaning of the EastLink Project Act 2004; or

(ii) a person who is contracted by the Freeway Corporation to provide accident towing services for the whole or a part of EastLink—

and the Minister is of the opinion that the issue of the licences is necessary to enable the Freeway Corporation or person contracted to the Freeway Corporation to perform its obligations, exercise its rights or carry out its functions under this Act or the EastLink Project Act 2004, regulations made under this Act or that Act or the Agreement within the meaning of that Act or under any other agreement between the State and the Freeway Corporation that makes provision with respect to towing services on the EastLink or any other designated road; or

S. 15(2)(f) inserted by No. 8/2019 s. 85(3), amended by No. 18/2020 s. 120(1)(a).

(f) in the case of the West Gate Tunnel tollway, the licences are to be issued to—

(i) a relevant West Gate Tunnel agency; or

(ii) a person who is contracted by the relevant West Gate Tunnel agency to provide accident towing services for the whole or a part of the West Gate Tunnel tollway—

and the Minister is of the opinion that the issue of the licences is necessary to enable the relevant West Gate Tunnel agency or person contracted to the relevant West Gate Tunnel agency to perform its obligations, exercise its rights or carry out its functions under this Act or the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019 or regulations made under this Act or that Act or the West Gate Tunnel Agreement within the meaning of that Act or under any other agreement between the State and the relevant West Gate Tunnel agency that makes provision with respect to towing services on the West Gate Tunnel tollway or any other designated road;

S. 15(2)(g) inserted by No. 18/2020 s. 120(1)(b).

(g) in the case of the North East Link road, the licences are to be issued to—

(i) a relevant North East Link agency; or

(ii) a person who is contracted by the relevant North East Link agency to provide accident towing services for the whole or a part of the North East Link road—

and the Minister is of the opinion that the issue of the licences is necessary to enable the relevant North East Link agency or person contracted to the relevant North East Link agency to perform its obligations, exercise its rights or carry out its functions under this Act or the North East Link Act 2020 or regulations made under this Act or that Act or a North East Link operation and maintenance agreement within the meaning of that Act or under any other agreement entered into by the relevant North East Link agency that makes provision with respect to towing services on the North East Link road or any other designated road.

(3) In making an authorisation under this section, the Minister must specify the number of licences that are authorised to be issued.

S. 15(4) amended by Nos 8/2019 s. 85(4), 18/2020 s. 120(2).

(4) In making an authorisation to which subsection (2)(d), (2)(e), (2)(f) or (2)(g) applies—

S. 15(4)(a) amended by No. 49/2019 s. 140(Sch. 2 item 6).

(a) the Minister may require the Secretary to impose the conditions, specified in the authorisation, on the licences; and

(b) the Minister is not required to comply with section 16; and

(c) the Minister may specify fees that are payable for the licences.

16 Notice of Ministerial authorisations under this Division

On making an authorisation under this Division the Minister must—

(a) cause notice of the authorisation to be published in the Government Gazette; and

(b) specify, in the notice, the number of licences that are authorised to be issued.

Division 4—Process for issuing new tow truck licences

S. 17 (Heading) amended by No. 40/2011 s. 21(Sch. item 3).

S. 17 amended by Nos 40/2011 s. 21(Sch. item 4), 49/2019 s. 140(Sch. 2 item 7).

17 Notice that standard tow truck licences available

On being authorised to issue one or more new standard tow truck licences, the Secretary may, by notice published in the Government Gazette—

(a) specify the number of new licences that the Minister has authorised it to issue and, if relevant, the area in respect of which the licences may be issued; and

(b) specify the procedures to be followed for the issuing of those licences; and

(c) specify whether the fees to be paid for the licences are to be determined by tender or are a fixed price; and

(d) if a fixed price is to be paid, specify the price that is to be paid; and

(e) specify the details that must be included in an application for a licence; and

(f) specify where, and by when, applications for a licence must be lodged; and

(g) provide that all applications for licences, or all applications for licences to operate in a particular area, made before a specified time are to lapse.

S. 18 (Heading) amended by No. 40/2011 s. 21(Sch. item 5).

18 Applications for standard tow truck licences

S. 18(1) amended by No. 40/2011 s. 21(Sch. item 6), 49/2019 s. 140(Sch. 2 item 8).

(1) If a notice has been published under section 17, a person may apply to the Secretary for a standard tow truck licence specified in the notice.

(2) An application must—

S. 18(2)(a) amended by No. 49/2019 s. 140(Sch. 2 item 8).

(a) be made in the manner and form determined by the Secretary as set out in the notice; and

(b) be accompanied by—

S. 18(2)(b)(i) substituted by No. 49/2019 s. 127.

S. 18(2)(b)(ii) amended by No. 49/2019 s. 140(Sch. 2 item 8).

(ii) any information or thing, as set out in the notice, that is reasonably required by the Secretary in order to assess the application.

S. 19 (Heading) amended by No. 49/2019 s. 140(Sch. 2 item 9).

19 Time within which the Secretary must deal with application

S. 19(1) amended by No. 49/2019 s. 140(Sch. 2 item 10(a)).

(1) The Secretary must decide whether to approve or refuse an application under section 18 within one year after the closing date for applications.

S. 19(2) amended by No. 49/2019 s. 140(Sch. 2 item 10(b)).

(2) On deciding whether to approve or refuse to approve an application under section 18, the Secretary must give notice of the decision to the applicant.

20 Approval of applications

S. 20(1) amended by No. 49/2019 s. 140(Sch. 2 item 11(a)).

(1) The Secretary must not approve an application under section 18—

S. 20(1)(a) amended by No. 49/2019 s. 140(Sch. 2 item 11(b)).

(a) unless the Secretary is satisfied—

(i) that the applicant holds a towing operator accreditation; and

(ii) that the applicant is the registered operator (within the meaning of the Road Safety Act 1986) of the tow truck in respect of which the licence is to be issued; or

S. 20(1)(b) substituted by No. 49/2019 s. 128.

(b) if the prescribed fee (if any) has not been paid.

S. 20(2) amended by Nos 40/2011 s. 21(Sch. item 7), 49/2019 s. 140(Sch. 2 item 11(b)).

(2) An applicant for a standard tow truck licence whose application has been approved must give the Secretary details in writing of the tow truck that is to be specified in the licence within 90 days of receiving the notice under section 19(2).

S. 20(3) amended by No. 49/2019 s. 140(Sch. 2 item 11(a)).

(3) The Secretary may, on the written application of an applicant, extend the period of 90 days specified in subsection (2).

S. 20(4) amended by No. 49/2019 s. 140(Sch. 2 item 11(b)).

(4) Approval of an application ceases to have effect if the details of the tow truck are not given to the Secretary within the time provided for in this section.

S. 21 (Heading) amended by No. 40/2011 s. 21(Sch. item 8).

S. 21 amended by Nos 40/2011 s. 21(Sch. item 9), 49/2019 s. 140(Sch. 2 item 12(a)).

21 Issue of standard tow truck licences to approved applicants etc.

The Secretary must issue a standard tow truck licence to a person whose application for such a licence has been approved—

S. 21(a) amended by No. 49/2019 s. 140(Sch. 2 item 12(b)).

(a) if the Secretary has been given the details of the tow truck on or before the approval of the application, on approving the application; or

S. 21(b) amended by No. 49/2019 s. 140(Sch. 2 item 12(b)).

(b) if the Secretary has not been given the details of the tow truck on or before the approval of the application, on receiving the details of the tow truck in accordance with section 20(2).

S. 22 (Heading) amended by No. 49/2019 s. 140(Sch. 2 item 13).

S. 22 amended by No. 49/2019 s. 140(Sch. 2 item 14).

22 The Secretary's discretion as to persons to whom limited tow truck licences issued

The Secretary may issue a new limited tow truck licence to a person under the relevant authorisation of the Minister, if the Secretary is satisfied that the person to whom the licence is to be issued holds a towing operator accreditation.

Division 5—General provisions applying to tow truck licences

23 Fees payable for licences

S. 23(1) amended by No. 40/2011 s. 21(Sch. item 10).

(1) The fee that must be paid for a standard tow truck licence on the issuing of the licence is—

(a) if the notice that is published in the Government Gazette of the authorisation of the Minister under Division 3 has specified a fixed price, the fixed price so specified; or

S. 23(1)(b) amended by No. 40/2011 s. 21(Sch. item 10).

(b) if a tender method is adopted for the granting of standard tow truck licences, the amount specified in the successful tender for the licence.

S. 23(2) amended by No. 49/2019 s. 140(Sch. 2 item 15).

(2) Despite subsection (1), the Secretary may allow a licence fee to be paid by instalments.

(3) The fee that must be paid for the issue of a limited tow truck licence must be the fee specified by the Minister in the authorisation made under Division 3.

24 Certificate on issue of licence

S. 24(1) amended by No. 49/2019 s. 140(Sch. 2 item 16).

(1) If the Secretary issues a tow truck licence it must give the licence holder a certificate evidencing the issue of the licence that sets out the name and address of the licence holder.

S. 24(2) amended by No. 49/2019 s. 140(Sch. 2 item 16).

(2) If the Secretary allows a licence fee to be paid by instalments, it may issue a certificate under subsection (1) on the payment of the first instalment.

25 Conditions on licences

S. 25(1) amended by No. 49/2019 s. 140(Sch. 2 item 17(a)).

(1) On the issue of a tow truck licence by the Secretary, the Secretary may impose conditions on the licence.

S. 25(1A) inserted by No. 55/2013 s. 20.

(1A) A condition imposed on a tow truck licence under subsection (1) may prohibit a tow truck operating under the licence from—

(a) attending an area specified in the licence; and

(b) being used to tow, or attempt to tow, any accident damaged vehicle (regardless of its gross vehicle mass) from an area that under this Act or the licence the tow truck is prohibited from attending.

S. 25(2) amended by No. 49/2019 s. 140(Sch. 2 item 17(b)).

(2) The Secretary may at any time, on the Secretary's own initiative or on the written application of the holder of a tow truck licence—

(a) vary or revoke a condition imposed on the licence; or

(b) impose a new condition on the licence.

S. 25(3) amended by No. 49/2019 s. 140(Sch. 2 item 17(c)).

(3) The Secretary must not, on the Secretary's own initiative, vary or revoke a condition on a tow truck licence or impose a new condition on a tow truck licence unless the Secretary has first given the holder of the licence—

(a) notice of the variation, revocation or imposition of the condition; and

(b) an opportunity to make written submissions on the variation, revocation or imposition of the condition.

(4) A tow truck licence is also subject to any condition that applies to the licence and that is set out in regulations made under this Act.

26 Offence not to comply with conditions on licence

The holder of a tow truck licence must comply with a condition to which the licence is subject.

27 Specified tow trucks

S. 27(1) amended by No. 49/2019 s. 140(Sch. 2 item 18(a)).

(1) Despite section 10, the Secretary may, on an application under subsection (2), exempt the holder of a Melbourne licence from the requirement that a tow truck be specified in respect of the licence.

S. 27(2) amended by No. 49/2019 s. 140(Sch. 2 item 18(a)).

(2) The holder of a Melbourne licence may apply to the Secretary for an exemption under subsection (1).

S. 27(3) amended by No. 49/2019 s. 140(Sch. 2 item 18(b)).

(3) The Secretary may, on an application under subsection (4), alter the specification of a tow truck in a tow truck licence by substituting another tow truck for the tow truck so specified.

S. 27(4) amended by No. 49/2019 s. 140(Sch. 2 item 18(a)).

(4) The holder of a tow truck licence may apply to the Secretary for the specification of the tow truck in the licence to be altered under subsection (3).

(5) An application under this section must—

S. 27(5)(a) amended by No. 49/2019 s. 140(Sch. 2 item 18(a)).

(a) be in the form approved by the Secretary; and

S. 27(5)(ab) inserted by No. 49/2019 s. 129.

(ab) be accompanied by the prescribed fee (if any); and

S. 27(5)(b) amended by No. 49/2019 s. 140(Sch. 2 item 18(a)).

(b) contain the information required by the Secretary.

28 Nature of and dealings with tow truck licences

(1) A tow truck licence forms part of the property of the holder of the licence and may be dealt with accordingly.

(2) Despite subsection (1), the holder of a tow truck licence is not entitled to transfer the licence held by that person or any of the holder's rights under the licence to another person, whether by way of assignment, lease or any other means.

(3) Subsection (2) does not apply to a transfer of a tow truck licence under this Part.

29 Transfer of tow truck licence to another person

S. 29(1) amended by No. 49/2019 s. 140(Sch. 2 item 19(a)).

(1) On receiving an application under section 30 the Secretary may approve the transfer of a tow truck licence held by one person to another person.

S. 29(2) amended by No. 49/2019 s. 140(Sch. 2 item 19(b)).

(2) The Secretary must not approve the transfer of a licence under subsection (1) unless the Secretary is satisfied that the person to whom the licence is to be transferred—

(a) holds a towing operator accreditation; and

(b) is the registered operator (within the meaning of the Road Safety Act 1986) of the tow truck specified in the licence; and

(c) in the case of a licence issued under section 10(2) or 11(2), is a relevant agency or a person who is contracted to provide accident towing services to a relevant agency; and

S. 29(2)(d) amended by No. 8/2019 s. 86(1).

(d) in the case of a licence issued under section 10(3) or 11(3), is the Freeway Corporation or a person who is contracted to provide accident towing services to the Freeway Corporation; and

S. 29(2)(e) inserted by No. 8/2019 s. 86(2), amended by No. 18/2020 s. 121(1).

(e) in the case of a licence issued under section 10(4) or 11(4), is a relevant West Gate Tunnel agency or a person who is contracted to provide accident towing services to the relevant West Gate Tunnel agency; and

S. 29(2)(f) inserted by No. 18/2020 s. 121(2).

(f) in the case of a licence issued under section 10(5) or 11(5), is a relevant North East Link agency or a person who is contracted to provide accident towing services to the relevant North East Link agency.

30 Application for transfer of tow truck licence

S. 30(1) amended by No. 49/2019 s. 140(Sch. 2 item 20).

(1) The holder of a tow truck licence may apply to the Secretary for approval to transfer the licence to another person.

(2) An application under subsection (1) must—

S. 30(2)(a) amended by No. 49/2019 s. 140(Sch. 2 item 20).

S. 30(2)(ab) inserted by No. 49/2019 s. 130.

(ab) be accompanied by the prescribed fee (if any); and

S. 30(2)(b) amended by No. 49/2019 s. 140(Sch. 2 item 20).

(b) be accompanied by any information or thing required by the Secretary.

31 Recording and taking effect of transfer

S. 31(1) amended by No. 49/2019 s. 140(Sch. 2 item 21(a)).

(1) If—

S. 31(1)(a) amended by No. 49/2019 s. 140(Sch. 2 item 21(a)).

(a) the Secretary has approved the transfer of a tow truck licence; and

S. 31(1)(b) amended by No. 49/2019 s. 140(Sch. 2 item 21(a)).

(b) the Secretary has received a document of transfer—

S. 31(1)(b)(i) amended by No. 49/2019 s. 140(Sch. 2 item 21(a)).

(i) in the form approved by the Secretary; and

S. 31(1)(b)(ii) amended by No. 49/2019 s. 140(Sch. 2 item 21(a)).

(ii) containing the information that is reasonably required by the Secretary in order to give effect to the transfer; and

(iii) executed by the holder of the licence and the person to whom the licence is being transferred—

the Secretary must record the transfer of the tow truck licence in the register kept under subsection (4), in accordance with the document of transfer.

S. 31(2) amended by No. 49/2019 s. 140(Sch. 2 item 21(a)).

(2) The transfer of a tow truck licence takes effect on the recording of the transfer by the Secretary in the register kept under subsection (4).

S. 31(3) amended by No. 49/2019 s. 140(Sch. 2 item 21(a)).

(3) On the recording of the transfer by the Secretary, the Secretary may amend the certificate issued in relation to the tow truck licence under section 24 to record the name and address of the new holder of the licence.

S. 31(4) amended by No. 49/2019 s. 140(Sch. 2 item 21(b)).

(4) The Secretary must keep a register of tow truck licences.

Division 6—Cancellation and suspension of tow truck licences

S. 32 (Heading) amended by No. 49/2019 s. 140(Sch. 2 item 22).

32 The Secretary may cancel or suspend a tow truck licence

S. 32(1) amended by No. 49/2019 s. 140(Sch. 2 item 23(a)).

(1) The Secretary may cancel or suspend a tow truck licence if—

(a) the holder of the licence has not complied with a condition of the licence; or

S. 32(1)(b) amended by Nos 6/2010 s. 203(1) (Sch. 6 item 1.2) (as amended by No. 45/2010 s. 22), 30/2013 s. 60(Sch. item 2.3(a)).

(b) the holder of the licence has not complied with a provision of this Act, the Road Safety Act 1986, the Transport (Compliance and Miscellaneous) Act 1983 or regulations made under this Act or those Acts; or

S. 32(1)(c) inserted by No. 30/2013 s. 60(Sch. item 2.3(b)).

(c) the holder of the licence has not complied with a provision of the Heavy Vehicle National Law (Victoria) or the national regulations.

S. 32(2) amended by No. 49/2019 s. 140(Sch. 2 item 23(b)).

(2) If the Secretary determines under subsection (1) to suspend a licence, the Secretary must determine the period for which the licence is to be suspended.

S. 32(3) amended by No. 49/2019 s. 140(Sch. 2 item 23(b)).

(3) Before taking action under subsection (1), the Secretary must—

S. 32(3)(a) amended by No. 49/2019 s. 140(Sch. 2 item 23(b)).

(a) give the holder of the licence written notice of the action that the Secretary proposes to take and of the reasons for taking that action; and

S. 32(3)(b) amended by No. 49/2019 s. 140(Sch. 2 item 23(b)).

(b) allow the holder of the licence to make written representations about the intended action within 10 business days (or any other period that the Secretary and the holder of the licence agree on); and

(c) must have regard to any written representations made within the time specified in paragraph (b).

S. 32(4) amended by No. 49/2019 s. 140(Sch. 2 item 23(b)).

(4) Subsection (3) does not apply if the Secretary considers it necessary to take immediate action in the interests of public safety.

S. 32(5) amended by No. 49/2019 s. 140(Sch. 2 item 23(c)(i)).

(5) The Secretary must—

(a) give the holder of the licence—

(iii) if the licence is suspended, the period of the suspension; and

S. 32(5)(b) amended by No. 49/2019 s. 140(Sch. 2 item 23(c)(ii)).

(b) notify the holder of the licence that the person has a right to seek review of the Secretary's decision under Division 11.

S. 32(6) amended by No. 49/2019 s. 140(Sch. 2 item 23(a)).

(6) The Secretary must give the details, the statement of reasons and notice under subsection (5) in writing.

33 Effect of cancellation or suspension of accreditation of licence holder

(1) If the towing operator accreditation of the holder of a tow truck licence is cancelled, on the cancellation of that accreditation, the tow truck licence is to be taken to be cancelled.

(2) Subsection (1) does not apply if, not more than 60 days after the cancellation of the accreditation, and in accordance with this Part, the licence is transferred to another person.

(3) If the towing operator accreditation of the holder of a tow truck licence is suspended, on the accreditation being suspended, the tow truck licence is to be taken to be suspended for the period of the suspension of the accreditation.

(4) If, not more than 60 days after the accreditation of the holder of a tow truck licence is suspended, the tow truck licence is transferred to another person, subsection (3) ceases to apply to the licence on the taking effect of the transfer.

34 Requirement to surrender licence certificate on cancellation or suspension of towing operator accreditation

S. 34 amended by No. 49/2019 s. 140(Sch. 2 item 24).

The holder of a tow truck licence whose towing operator accreditation is cancelled or suspended must, within 7 days after the accreditation is cancelled or suspended, surrender the licence certificate to the Secretary.

Division 7—Permits to operate tow trucks in specific circumstances

35 Temporary permits

S. 35(1) amended by No. 49/2019 s. 140(Sch. 2 item 25(a)).

(1) The Secretary may grant a permit to the holder of a tow truck licence, authorising the tow truck specified in the licence to be operated in a manner not authorised by the licence or in a manner that is contrary to the manner authorised by the licence.

S. 35(2) amended by No. 49/2019 s. 140(Sch. 2 item 25(b)).

(2) The Secretary may impose any conditions on the permit that the Secretary thinks fit.

S. 35(3) amended by No. 49/2019 s. 140(Sch. 2 item 25(c)).

(3) A permit under this section remains in force for the period determined by the Secretary and specified in the permit.

S. 35(4) amended by No. 49/2019 s. 140(Sch. 2 item 25(c)).

(4) An application for a permit must be in the form determined by and contain the information required by the Secretary.

S. 35(4A) inserted by No. 49/2019 s. 131.

(4A) An application for a permit under this section must be accompanied by the prescribed fee (if any).

(5) The holder of a permit must comply with the permit, including any conditions on the permit.

In the case of body corporate, 150 penalty units.

(6) A person does not commit an offence under Division 1 or section 26 if that person is operating a tow truck in accordance with a temporary permit.

36 Offence not to carry permit when driving

If a tow truck is being operated under a temporary permit, the driver of the tow truck must carry the permit in the tow truck.

37 Offence not to produce permit when asked

The driver of a tow truck that is being operated under a temporary permit must produce the permit if he or she is asked to do so by—

(a) an authorised officer; or

S. 37(b) substituted by No. 37/2014 s. 10(Sch. item 3.2).

(b) a police officer; or

(c) the owner or driver of an accident damaged motor vehicle that is, or is about to be, towed by the tow truck.

Pt 2 Div. 8 (Heading) amended by No. 28/2009 s. 66.

Division 8—Offences as to tow trucks

38 Offence not to take care in driving or operating tow truck

(1) The driver of a tow truck, when towing an accident damaged motor vehicle, must not—

(a) lose or damage the motor vehicle; or

(b) lose or damage anything in or on the motor vehicle.

(2) In any proceedings for an offence against subsection (1), it is a defence if the person charged—

(a) complied with any Code of Practice approved by the Minister under Part 7 that applies to drivers of tow trucks when towing accident damaged motor vehicles; and

(b) took all the precautions that were appropriate in the circumstances.

(3) The holder of a tow truck licence must take all reasonable steps to ensure that—

(a) any accident damaged motor vehicle that is being towed by the tow truck specified in the licence is not lost or damaged; and

(b) nothing in or on a motor vehicle is lost or damaged.

1. In the case of a natural person, 20 penalty units;

In the case of a body corporate, 100 penalty units.

39 Offence to leave tow truck standing for more than a certain period

The driver of a tow truck must not leave the tow truck standing at a road accident scene in a manner that obstructs the road for any longer period than is necessary to—

(a) get authorisation to tow an accident damaged motor vehicle that is at the road accident scene (where so required); and

(b) load the motor vehicle onto the tow truck.

40 Offence for persons to travel in accident damaged motor vehicles

(1) The driver of a tow truck must not permit or allow a person to travel in an accident damaged motor vehicle that is being towed from a road accident scene by the tow truck.

(2) Subsection (1) does not apply to an accident damaged motor vehicle that is being towed if—

(a) the motor vehicle has a gross vehicle mass of 4 tonnes or more; and

(b) it is necessary for a person to steer or control the motor vehicle to enable the motor vehicle to be towed safely.

41 Certain persons may be ordered to leave restricted road accident area

S. 41(1) amended by No. 37/2014 s. 10(Sch. item 3.3(a)).

(1) A police officer or an authorised officer may direct a person referred to in subsection (2) to leave a restricted road accident area if the police officer or authorised officer believes on reasonable grounds that the person's presence is—

(a) causing an unwarranted obstruction to traffic; or

(b) hindering efforts to attend to any injured person or damaged property; or

(c) otherwise hindering or obstructing the orderly towing of a motor vehicle from the place where the road accident occurred.

(2) A direction under subsection (1) may be given to—

(a) the holder of a tow truck licence;

(b) a tow truck driver;

(c) a person who carries out, or is engaged in the business of carrying out, repair work on accident damaged motor vehicles;

(d) a person acting on behalf of a person referred to in paragraph (a), (b) or (c).

S. 41(3) amended by No. 28/2009 s. 67.

(3) A person must not, without reasonable excuse, fail to comply with a direction given to him or her under subsection (1).

S. 41(4) amended by No. 37/2014 s. 10(Sch. item 3.3(b)).

(4) Subsection (1) is in addition to any other powers of a police officer under any Act or at common law for or with respect to maintaining public order.

(5) In this section restricted road accident area means an area within a 500 metre radius of a place where an accident damaged motor vehicle has come to rest after the road accident in which the motor vehicle was damaged.

Division 9—Operation of tow trucks in controlled areas

S. 42 (Heading) substituted by No. 28/2009 s. 68(1).

42 Allocation offences in controlled areas

(1) The holder of a regular tow truck licence must not cause the tow truck operating under that licence—

(a) to attend a road accident scene in a controlled area; or

S. 42(1)(b) amended by No. 28/2009 s. 68(2).

(b) to be used to tow, or attempt to tow, an accident damaged motor vehicle, with a gross vehicle mass of less than 4 tonnes, from a road accident scene in a controlled area—

unless the allocation body for that area has authorised that the tow truck operating under the licence so attend or be so used, and the allocation body has given a job number for that authorisation to the holder of the licence.

S. 42(2) amended by No. 28/2009 s. 68(3)(a).

(2) The driver of a tow truck operating under a regular tow truck licence must not—

(a) attend a road accident scene in a controlled area; or

S. 42(2)(b) amended by No. 28/2009 s. 68(3)(b).

(b) use the tow truck to tow, or attempt to tow an accident damaged motor vehicle, with a gross vehicle mass of less than 4 tonnes, from a road accident scene in a controlled area—

unless the allocation body for that area has authorised that the tow truck so attend or be so used, and the allocation body has given a job number for that authorisation to the holder of the licence for the tow truck.

S. 42(3) amended by No. 28/2009 s. 68(4).

(3) Subsections (1) and (2) do not apply to any attendance at a road accident scene, or any towing of, or attempt to tow, an accident damaged motor vehicle from a road accident scene by a tow truck—

(a) if the road accident scene is on a designated road; and

(b) if—

S. 42(3)(b)(i) amended by No. 8/2019 s. 87(1).

(i) in the case of a road accident scene that is on the Link road or Extension road or a designated road, the tow truck driver is authorised by the relevant corporation (within the meaning of the Melbourne City Link Act 1995) or a person who is contracted by a relevant agency to provide accident towing services for the whole or a part of the Link road or Extension road to attend road accident scenes on that road; or

S. 42(3)(b)(ii) amended by No. 8/2019 s. 87(2).

(ii) in the case of a road accident scene that is on EastLink or a designated road, the tow truck driver is authorised by the Freeway Corporation within the meaning of the EastLink Project Act 2004 or a person contracted to provide accident towing services for the whole or a part of EastLink, to attend road accident scenes on that road; or

S. 42(3)(b)(iia) inserted by No. 70/2012 s. 14.

(iia) in the case of a road accident scene that is on the Peninsula Link Freeway, the tow truck driver is authorised by the Peninsula Link Freeway Corporation to attend road accident scenes on that road; or

S. 42(3)(b)(iib) inserted by No. 8/2019 s. 87(3).

(iib) in the case of a road accident scene that is on the West Gate Tunnel tollway or a designated road, the tow truck driver is authorised by the relevant West Gate Tunnel agency or a person contracted to provide accident towing services for the whole or a part of the West Gate Tunnel tollway to attend road accident scenes on that road; or

S. 42(3)(b)(iic) inserted by No. 18/2020 s. 122.

(iic) in the case of a road accident scene that is on the North East Link road or a designated road, the tow truck driver is authorised by the relevant North East Link agency or a person contracted to provide accident towing services for the whole or a part of the North East Link road to attend road accident scenes on that road; or

(iii) in the case of a road accident scene that is on a designated road (within the meaning of paragraph (d) or (e) of the definition of designated road), the tow truck driver is authorised under section 119A of the Road Management Act 2004 to attend accident scenes on that road; and

S. 42(3)(c) amended by No. 49/2019 s. 140(Sch. 2 item 26).

(c) if in a case in which the tow truck driver tows an accident damaged motor vehicle from the road accident scene, the tow truck driver tows the motor vehicle to a safe and convenient place near the road or a place approved by the Secretary.

43 Salvage exemption

Section 42 does not apply to a tow truck that is being driven or operated for the purpose of salvaging an accident damaged motor vehicle if—

(a) the attendance of the tow truck is necessary for the salvage of the motor vehicle; and

(b) the tow truck does not tow any accident damaged motor vehicle from the road accident scene at which the salvaging is taking place.

44 Prohibition on towing of vehicles removed from designated roads unless allocated

S. 44(1) amended by No. 28/2009 s. 69(1).

(1) If an accident damaged motor vehicle, with a gross vehicle mass of less than 4 tonnes, has been damaged in a road accident on a designated road and has been towed from the road accident scene to a place in accordance with section 42(3), the holder of a regular tow truck licence must not cause a tow truck operating under that licence to be used to tow, or attempt to tow, the vehicle from that place, unless the allocation body for that area has authorised that the tow truck operating under the licence be so used, and the allocation body has given a job number for that authorisation to the holder of the licence.

S. 44(2) amended by No. 28/2009 s. 69(2).

(2) If an accident damaged motor vehicle, with a gross vehicle mass of less than 4 tonnes, has been damaged in a road accident on a designated road and has been towed from the road accident scene to a place in accordance with section 42(3), the driver of a tow truck operating under a regular tow truck licence must not use the tow truck to tow, or attempt to tow, that vehicle from that place unless the allocation body for that area has authorised that the tow truck be so used, and the allocation body has given a job number for that authorisation to the holder of the licence for that tow truck.

45 Further allocation offences

(1) The holder of a regular tow truck licence must not cause more than one accident damaged motor vehicle to be towed under a job number by the tow truck specified in that licence.

S. 45(2) substituted by No. 28/2009 s. 70.

(2) The driver of a tow truck operating under a regular tow truck licence must not tow more than one accident damaged motor vehicle under a job number.

46 Declaration of controlled areas

S. 46(1) amended by No. 49/2019 s. 140(Sch. 2 item 27).

(1) The Secretary may, by notice, declare an area to be a controlled area.

(2) A notice under subsection (1)—

(a) must be published in the Government Gazette; and

(b) may apply, adopt or incorporate any matter contained in any document formulated, issued, prescribed or published by any person whether—

(i) wholly or partly or as amended by the notice; or

(ii) as formulated, issued, prescribed or published at the time the order is made or at any time before then.

47 Appointment of allocation body

S. 47(1) amended by No. 49/2019 s. 140(Sch. 2 item 28(a)).

(1) The Secretary may, by notice, appoint a person or body to be the allocation body for a controlled area.

S. 47(2) amended by No. 49/2019 s. 140(Sch. 2 item 28(b)).

(2) An appointment under this section remains in force for the period specified by the Secretary in the appointment.

(3) A notice under this section must be published in the Government Gazette.

S. 48 amended by No. 93/2009 s. 32.

48 Creation of allocation roster entitlements

Each regular tow truck licence issued under this Part entitles the holder of the licence, subject to the regulations, to one entitlement to a place on the road accident scene roster for a controlled area, if the licence has a specified depot in that area.

49 Circumstances in which roster entitlements can be applied to another licence

Despite sections 48 and 50, if the holder of a Melbourne licence is exempted from the requirement that a tow truck be specified for the licence, the holder may apply the entitlement of that licence to any other Melbourne licence held by that person.

50 Nature of allocation roster entitlement

(1) An allocation roster entitlement is not capable of being transferred to another person or to another regular tow truck licence.

(2) On the cancellation of a regular tow truck licence, any entitlements that apply in respect of the licence are extinguished (including any entitlements that were created before this section came into operation).

Division 10—Self-management areas

51 Licence holder offences as to road accident scenes in self-management areas

(1) The holder of a regular tow truck licence must not cause a tow truck operating under that licence—

(a) to attend a road accident scene in a self-management area; or

S. 51(1)(b) amended by No. 28/2009 s. 71(1).

(b) to tow, or attempt to tow, an accident damaged motor vehicle, with a gross vehicle mass of less than 4 tonnes, from a road accident scene in a self-management area—

unless the specified depot for the licence is in the self-management area.

(2) The holder of a regular tow truck licence, who operates the tow truck under the licence from a depot in a self-management area, must not cause the tow truck—

(a) to attend a road accident scene that is not in a self-management area; or

S. 51(2)(b) amended by No. 28/2009 s. 71(2).

(b) to tow, or attempt to tow, an accident damaged motor vehicle, with a gross vehicle mass of less than 4 tonnes, from a road accident scene that is not in a self-management area—

unless the holder of the licence is authorised to do so under this Act.

52 Self-management areas

S. 52(1) amended by No. 49/2019 s. 140(Sch. 2 item 29).

(1) The Secretary may, in writing, declare an area to be a self-management area and must specify, in the declaration, the terms and conditions on which the self-management area is to be managed.

(2) A self-management area must not include any area that is in a controlled area.

S. 52(3) amended by No. 49/2019 s. 140(Sch. 2 item 29).

(3) The Secretary may, by declaration, amend or revoke a declaration made under subsection (1) at any time.

(4) A declaration under this section must be published in the Government Gazette.

Division 11—VCAT review

53 Review of decision by VCAT

(1) An applicant for a tow truck licence or the holder of a tow truck licence may apply to VCAT for review of a decision to which this section applies, if that person's interests are affected by the decision.

(2) This section applies to a decision under this Part—

(a) on an application for a tow truck licence, to issue or refuse to issue the tow truck licence; or

(b) to impose a condition on a tow truck licence; or

(c) to vary or revoke a condition on a tow truck licence; or

(d) to refuse to exempt the holder of a Melbourne licence from the requirement that a tow truck be specified in respect of the licence; or

(e) to refuse to alter the specification of a tow truck in a licence by substituting another tow truck; or

(f) to refuse to approve the transfer of a tow truck licence to another person; or

(g) to cancel or suspend a tow truck licence; or

(h) to refuse to grant a temporary permit; or

(i) to impose conditions on a temporary permit.

(3) In reviewing a decision specified in subsection (2)(a), VCAT must not make a decision that is inconsistent with any authorisation of the Minister under Division 3.

54 Time period for making application to VCAT

An application for review under section 53 must be made within 28 days of the later of—

(a) the day on which the decision is made; or

(b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.

Part 3—Industry accreditation

Division 1—Objective and requirement for accreditation

55 Industry accreditation objective

The industry accreditation objective is the objective that—

(a) accident towing services are provided safely, reliably and efficiently; and

(b) the persons providing such services—

(i) are of appropriate character; and

(ii) when providing the services, act with integrity and in a manner that is safe, timely, efficient and law abiding.

56 Offence to operate or manage accident towing service business without accreditation

(1) A person must not carry on an accident towing service business unless the person holds a towing operator accreditation.

(2) A person must not manage an accident towing service business from a depot unless the person holds a towing depot manager accreditation.

(3) Subsection (2) does not apply to a person who holds a towing operator accreditation.

(4) A person must not falsely represent that the person is accredited under this Part or holds an accreditation under this Part of a specified kind.

S. 57 (Heading) amended by No. 49/2019 s. 140(Sch. 2 item 30).

57 The Secretary to accredit persons to carry on or manage accident towing services business

S. 57(1) amended by No. 49/2019 s. 140(Sch. 2 item 31).

(1) The Secretary may accredit a person to carry on an accident towing service business.

S. 57(2) amended by No. 49/2019 s. 140(Sch. 2 item 31).

(2) The Secretary may accredit a person to manage an accident towing service business from a depot.

58 How long accreditation remains in force

(1) An accreditation under this Part remains in force until—

(a) it is cancelled or surrendered; or

S. 58(1)(b) amended by No. 49/2019 s. 140(Sch. 2 item 32).

(b) the expiry of the period determined by the Secretary, which must not be more than 5 years—

whichever is the sooner.

S. 58(2) amended by No. 49/2019 s. 140(Sch. 2 item 32).

(2) The period determined by the Secretary under subsection (1)(b) must be specified in the certificate of accreditation.

Division 2—Application for accreditation

59 Applications for tow truck operating accreditations

S. 59(1) amended by No. 49/2019 s. 140(Sch. 2 item 33).

(1) A person may apply to the Secretary for the grant or renewal of a towing operator accreditation.

S. 59(2) amended by No. 49/2019 s. 140(Sch. 2 item 33).

(2) A person may apply to the Secretary for the grant or renewal of a towing depot manager accreditation.

(3) Despite subsections (1) and (2), an unincorporated body or association, including a partnership, is not capable of applying for, or holding, accreditation under this Part.

60 Making of application

(1) An application under section 59 must—

S. 60(1)(a) amended by No. 49/2019 s. 140(Sch. 2 item 34).

S. 60(1)(c)(i) substituted by No. 49/2019 s. 132.

(ii) evidence, if required by regulations made under this Act, that each relevant person in relation to the applicant satisfies the requirements for the accreditation applied for; and

S. 60(1)(c)(iii) amended by No. 49/2019 s. 140(Sch. 2 item 34).

(iii) any other thing determined to be required by the Secretary that has been approved by the Minister and published in the Government Gazette; and

(d) in the case of an application by a corporation, include the nomination of a nominated person under section 64.

S. 60(2) amended by No. 49/2019 s. 140(Sch. 2 item 34).

(2) For the purposes of subsection (1), any information or thing that the Secretary requires to accompany an application or to be included in the application must be limited to any information or thing that the Secretary reasonably requires in order to assess the application.

S. 61 (Heading) amended by No. 49/2019 s. 140(Sch. 2 item 35).

61 The Secretary may require further information etc.

S. 61(1) amended by No. 49/2019 s. 140(Sch. 2 item 36(a)).

(1) The Secretary may require an applicant to—

S. 61(1)(a) amended by No. 49/2019 s. 140(Sch. 2 item 36(b)).

(a) supply any further information or thing as specified by the Secretary that the Secretary reasonably requires in order to assess the application;

S. 61(1)(b) amended by No. 49/2019 s. 140(Sch. 2 item 36(b)).

(b) verify, in the manner and form determined by the Secretary, the information or thing supplied for the purpose of the application;

(c) sign the application.

(2) For the purposes of subsection (1)(c), if the applicant is a corporation, the application must be signed in accordance with section 127 of the Corporations Act.

S. 62 (Heading) amended by No. 49/2019 s. 140(Sch. 2 item 37).

S. 62 amended by No. 49/2019 s. 140(Sch. 2 item 38).

62 Chief Commissioner of Police may supply information to the Secretary

The Chief Commissioner of Police may, in accordance with the processes agreed on with the Secretary, notify the Secretary of any relevant findings of guilt in relation to an applicant for accreditation under this Part or any relevant person in relation to an applicant for accreditation under this Part.

S. 63 (Heading) amended by No. 49/2019 s. 140(Sch. 2 item 39).

63 Time within which the Secretary must deal with application

S. 63(1) amended by No. 49/2019 s. 140(Sch. 2 item 40(a)).

(1) Subject to this section, the Secretary must decide whether to approve or refuse an application for accreditation under this Part within 90 days after receiving the application.

S. 63(2) amended by No. 49/2019 s. 140(Sch. 2 item 40(b)).

(2) The Secretary may, before the expiry of the period specified in subsection (1), decide to extend the period within which it may decide whether to approve or refuse an application.

S. 63(3) amended by No. 49/2019 s. 140(Sch. 2 item 40(a)).

(3) If the Secretary decides under subsection (2) to extend the period within which it may decide whether to approve or refuse an application, the Secretary must notify the applicant in writing of that decision and the new period within which the Secretary intends to make its decision whether to approve or refuse the application.

64 Nominated person

(1) A corporation that is an applicant for accreditation under this Part must nominate in the application for accreditation a qualified person who is responsible for ensuring that the corporation complies with its duties under this Act.

(2) If a nominated person ceases to be a nominated person, the holder of accreditation under this Part must, within 30 days after the person ceases to be a nominated person—

S. 64(2)(a) amended by No. 49/2019 s. 140(Sch. 2 item 41(a)).

(a) notify the Secretary that the person has ceased to be a nominated person; and

(b) nominate another qualified person to be the person responsible for ensuring that the corporation complies with its duties under this Act; and

S. 64(2)(c) amended by No. 49/2019 s. 140(Sch. 2 item 41(a)).

(c) provide the nomination in writing to the Secretary.

1. 300 penalty units.

S. 64(3) amended by No. 49/2019 s. 140(Sch. 2 item 41(b)).

(3) The Secretary may communicate with and serve notices on a person nominated under this section in relation to—

(a) the application for accreditation under this Part for which the person was nominated; or

(b) the accreditation under this Part for which the person was nominated.

S. 64(4) amended by No. 49/2019 s. 140(Sch. 2 item 41(a)).

(4) Service on a nominated person by the Secretary is taken to be service on the applicant for accreditation or on the holder of accreditation under this Part.

(5) In this section, qualified person, in relation to a corporation that is an applicant for accreditation or the holder of accreditation under this Part, means a person who is an officer or employee of the corporation primarily responsible for managing the operation of the business of the corporation.

S. 65 (Heading) amended by No. 49/2019 s. 140(Sch. 2 item 42).

65 When the Secretary may approve an application for accreditation

S. 65(1) amended by No. 49/2019 s. 140(Sch. 2 item 43(a)(i)).

(1) The Secretary may approve an application for accreditation under this Part, with or without imposing conditions, if—

(a) the application has not been refused under section 66, 67 or 68; and

S. 65(1)(b) amended by No. 49/2019 s. 140(Sch. 2 item 43(a)(ii)).

(b) the Secretary is satisfied that—

(i) the applicant has complied with the application requirements under this Part; and

(ii) the applicant is suitable to be accredited; and

(iii) the issuing of accreditation is appropriate having regard to the industry accreditation objective.

S. 65(2) amended by No. 49/2019 s. 140(Sch. 2 item 43(b)).

(2) To avoid doubt, in exercising a discretion to approve or refuse an application for accreditation under this Part, the Secretary may have regard to—

(a) the place where the applicant, the nominated person or a relevant person in relation to the applicant, resides or carries on business; and

(b) in the case of an applicant that is a corporation, whether the applicant is registered under the Corporations Act and where it has its principal place of business.

66 Mandatory refusal of accreditation

S. 66(1) amended by No. 49/2019 s. 140(Sch. 2 item 44(a)(b)).

(1) The Secretary must refuse an application for accreditation under this Part if the Secretary believes on reasonable grounds that—

(a) subject to subsection (2), the applicant, a nominated person or a relevant person in relation to the applicant has been found guilty of an offence listed in clause 1 of Schedule 1; or

(b) the applicant is disqualified under section 70 or 81 from applying for the relevant accreditation; or

Note to s. 66(1)(b) amended by No. 49/2019 s. 140(Sch. 2 item 44(c)).

Section 87 provides that if the Secretary has refused an application under paragraph (a) or (b) the applicant may make an application to the original jurisdiction of VCAT for an order that the Secretary grant or renew accreditation under this Part.

(c) if the applicant is a natural person, the applicant is insolvent under administration within the meaning of the Corporations Act; or

(d) if the applicant is a corporation—

(i) a receiver or receiver and manager, within the meaning of the Corporations Act, has been appointed in relation to the applicant; or

(ii) the applicant has been placed in administration under the Corporations Act or under the law of any place outside Australia; or

(iii) a court has made an order under the Corporations Act for the winding up of the applicant.

(2) Subsection (1)(a) does not apply to the renewal of an accreditation under this Part if the offence listed in clause 1 of Schedule 1, which the applicant was found guilty of, was considered—

(a) in any previous application by the applicant for accreditation or renewal under this Part; or

(b) in any disciplinary proceedings under this Part against the applicant.

S. 67 (Heading) amended by No. 49/2019 s. 140(Sch. 2 item 45).

S. 67 amended by No. 49/2019 s. 140(Sch. 2 item 46).

67 Refusal of accreditation unless the Secretary satisfied it is appropriate

The Secretary must refuse an application for accreditation under this Part if it believes on reasonable grounds that the applicant, or a nominated person or a relevant person in relation to the applicant, has been found guilty of an offence listed in clause 2 of Schedule 1, unless the Secretary is satisfied that the applicant has demonstrated that the issue of the accreditation is appropriate having regard to the industry accreditation objective.

68 Discretionary refusal of accreditation

S. 68(1) amended by No. 49/2019 s. 140(Sch. 2 item 47(a)).

(1) The Secretary may refuse an application for accreditation under this Part if it is aware that the applicant, or a nominated person or a relevant person in relation to the applicant—

(a) has been found guilty of an offence listed in clause 3 of Schedule 1; or

(b) is subject to a charge for an offence listed in Schedule 1 that has not been finally disposed of at the time of considering the application.

S. 68(2) amended by No. 49/2019 s. 140(Sch. 2 item 47(a)).

(2) The Secretary may refuse an application for accreditation under this Part if it believes on reasonable grounds that—

(a) the applicant has contravened a service standard applicable to an accreditation held, or previously held, by the applicant under this Part; or

(b) the applicant has contravened a condition imposed on an accreditation held, or previously held, by the applicant under this Part; or

(c) the nominated person or a relevant person in relation to the applicant has contravened a service standard applicable to, or a condition imposed on, an accreditation held by or previously held by the nominated person or the relevant person under this Part; or

(d) the applicant, the nominated person or a relevant person in relation to the applicant has contravened a provision of this Act.

S. 68(3) amended by No. 49/2019 s. 140(Sch. 2 item 47(b)).

(3) The Secretary may refuse an application for accreditation referred to it by VCAT under section 87(2)(a)(ii) if the Secretary is not satisfied as to the matters set out in section 65(1)(b).

S. 68(4) amended by No. 49/2019 s. 140(Sch. 2 item 47(c)).

(4) In exercising a discretion under this section in relation to an offence, the Secretary must have regard to—

(a) the nature and gravity of the offence or alleged offence and its relevance to the activities in respect of which accreditation is sought; and

(c) if there has been a finding of guilt or a conviction, whether the finding of guilt or the conviction was recorded; and

(e) the age of the applicant or nominated person or relevant person when the offence or alleged offence was committed or was alleged to have been committed; and

(f) if there has been a finding of guilt or a conviction, whether or not the conduct that constituted the offence has been decriminalised since the offence was committed; and

(g) the behaviour of the applicant or nominated person or relevant person since committing the offence or since the offence was alleged to have been committed; and

(h) the likelihood of the applicant or nominated person or relevant person committing an offence in the future, in particular, any future threat to persons involved in accidents or the owners of accident damaged motor vehicles; and

(i) any information given by the applicant, nominated person or relevant person; and

S. 68(4)(j) amended by No. 49/2019 s. 140(Sch. 2 item 47(c)).

(j) any other matter that the Secretary considers relevant.

69 Notification and reasons to be given if accreditation refused

S. 69(1) amended by No. 49/2019 s. 140(Sch. 2 item 48).

(1) If an application for accreditation is refused under section 66(1)(a) or 66(1)(b), the Secretary must notify the applicant for accreditation under this Part—

(a) of the decision; and

(b) that the applicant has a right to apply to VCAT under section 87.

S. 69(2) amended by No. 49/2019 s. 140(Sch. 2 item 48).

(2) If an application for accreditation is refused under section 66(1)(c) or 66(1)(d), the Secretary must notify the applicant for accreditation under this Part of the decision.

S. 69(3) amended by No. 49/2019 s. 140(Sch. 2 item 48).

(3) If the Secretary decides to refuse to accredit an applicant for accreditation under section 67 or 68, the Secretary must—

(a) notify the applicant—

(i) of the decision; and

(ii) that the applicant has a right to seek review of the decision under section 88; and

(b) give the applicant a statement of reasons for the decision.

(4) A notification and a statement of reasons under this section must be—

(b) given to the applicant as soon as practicable after the application is refused.

70 Disqualification for applying for accreditation

S. 70(1) amended by No. 49/2019 s. 140(Sch. 2 item 49(a)).

(1) If an application for accreditation is refused under this Part, the Secretary may, having regard to the industry accreditation objective, determine that the applicant is disqualified from applying for accreditation under this Part for the period determined by the Secretary.

S. 70(2) amended by No. 49/2019 s. 140(Sch. 2 item 49(a)).

(2) The period determined by the Secretary under subsection (1) must not exceed 5 years.

S. 70(3) amended by No. 49/2019 s. 140(Sch. 2 item 49(a)).

(3) In making a determination under subsection (1), if the applicant has been found guilty of an offence listed in Schedule 1, the Secretary must have regard to the circumstances set out in section 68(4).

S. 70(4) amended by No. 49/2019 s. 140(Sch. 2 item 49(a)).

(4) If the Secretary disqualifies an applicant under subsection (1) the Secretary must, as soon as reasonably practicable—

(a) notify the applicant for accreditation under this Part in writing; and

(b) set out in the notice—

(i) the period of disqualification; and

S. 70(4)(b)(ii) amended by No. 49/2019 s. 140(Sch. 2 item 49(b)).

(ii) the Secretary's reasons for disqualifying the applicant for that period.

A person who has been disqualified under this Part may apply to VCAT for review of this decision: see section 88.

71 Disqualification ceases if there has been a relevant change of circumstances

S. 71(1) amended by No. 49/2019 s. 140(Sch. 2 item 50(a)).

(1) If there has been a relevant change of circumstances in relation to a person who has been disqualified from applying for accreditation under this Part, that person may apply in writing to the Secretary for a declaration that the disqualification ceases to have effect.

Note to s. 71(1) amended by No. 49/2019 s. 140(Sch. 2 item 50(b)).

This applies to any disqualification made by the Secretary under this Part: see sections 70 and 81.

S. 71(2) amended by No. 49/2019 s. 140(Sch. 2 item 50(a)).

(2) If an application is made to the Secretary under subsection (1) and the Secretary is satisfied that there has been a relevant change of circumstances in relation to the applicant, the Secretary must declare that the disqualification in relation to the applicant ceases to have effect.

(3) In this section a relevant change of circumstances includes where—

(a) a finding of guilt of the person is quashed or set aside by a court after the date of the disqualification; or

(b) a finding on which the decision to disqualify the person was based is quashed or set aside after the date of the disqualification.

Division 3—Accreditation conditions and service standards

72 Conditions on accreditation

S. 72(1) amended by No. 49/2019 s. 140(Sch. 2 item 51(a)).

(1) In accrediting an applicant under this Part, the Secretary may limit the accreditation in any way it thinks appropriate, taking into account the industry accreditation objective, including—

(a) imposing conditions on the accreditation that are not inconsistent with any condition applicable under subsection (2); or

(b) restricting the accreditation.

Example to s. 72(1)(b) amended by No. 49/2019 s. 140(Sch. 2 item 51(b)).

Example

The Secretary may, in the case of a towing operator accreditation, restrict the accreditation to the operation of tow trucks in a particular geographical area.

(2) An accreditation under this Part is subject to any condition set out in regulations made under this Act that applies to the accreditation.

S. 73 (Heading) amended by No. 49/2019 s. 140(Sch. 2 item 52).

73 The Secretary may vary, revoke or impose new conditions

S. 73(1) amended by No. 49/2019 s. 140(Sch. 2 item 53(a)(i)).

(1) The Secretary may at any time on its own initiative or on the written application of the holder of the accreditation under this Part—

S. 73(1)(a) amended by No. 49/2019 s. 140(Sch. 2 item 53(a)(ii)).

(a) vary or revoke a condition imposed by the Secretary on an accreditation under this Part; or

(b) impose a new condition on an accreditation under this Part.

S. 73(2) amended by No. 49/2019 s. 140(Sch. 2 item 53(b)).

(2) If the Secretary decides on its own initiative to take action under subsection (1), the Secretary must—

S. 73(2)(a) amended by No. 49/2019 s. 140(Sch. 2 item 53(b)).

(a) give the holder of the accreditation under this Part written notice of the action that the Secretary is considering taking; and

S. 73(2)(b) amended by No. 49/2019 s. 140(Sch. 2 item 53(b)).

(b) allow the holder of the accreditation under this Part to make written representations about the intended action within 10 business days of receiving the notice (or any other period that the Secretary and the accredited person agree on); and

(c) consider any submission that was made by the holder of the accreditation within the period set out in paragraph (b).

S. 73(3) amended by No. 49/2019 s. 140(Sch. 2 item 53(b)).

(3) Subsection (2) does not apply if the Secretary considers it necessary to take immediate action in the interests of public safety.

S. 73(4) amended by No. 49/2019 s. 140(Sch. 2 item 53(c)(i)).

(4) The Secretary must, in writing—

(a) give to the holder of the accreditation under this Part—

S. 73(4)(b) amended by No. 49/2019 s. 140(Sch. 2 item 53(c)(ii)).

(b) notify the holder of the accreditation under this Part that the person has a right to seek review of the Secretary's decision under section 88.

74 Offence to fail to comply with conditions

The holder of an accreditation under this Part must comply with any conditions imposed on the accreditation under this Part.

75 Service standards

(1) The Minister may, by notice published in the Government Gazette, determine minimum service standards to be met by all holders of accreditation under this Part or by a specified class, or specified classes, of accredited person or persons under this Part.

(2) Standards may be determined under this section in relation to—

(a) in the case of the holder of a towing operator accreditation—

(i) complaint handling processes;

S. 75(2)(a)(ii) amended by No. 49/2019 s. 140(Sch. 2 item 54).

(ii) the provision of information in relation to complaints to the Secretary;

(b) in the case of the holder of a towing depot manager accreditation—

(i) managing the processing of complaints on behalf of the relevant towing operator;

s. 75(2)(b)(ii) amended by No. 49/2019 s. 140(Sch. 2 item 54).

(ii) managing the provision of information in relation to complaints to the Secretary.

(3) Before determining standards under subsection (1) the Minister must—

(a) cause a notice in accordance with subsection (4) to be published in respect of the proposed standards in the Government Gazette; and

S. 75(3)(b) amended by No. 21/2012 s. 239(Sch. 6 item 1).

(b) provide an exposure draft of the proposed standards to representatives of the accident towing industry and the Minister administering the Australian Consumer Law and Fair Trading Act 2012; and

(c) consider all comments and submissions received in response to the notice within the period specified in the notice.

(4) A notice must—

(a) state the reason for, and the objectives of, the proposed standards; and

(b) specify where a copy of the proposed standards can be obtained; and

(c) invite public comments or submissions within such time (being not less than 28 days from the publication of the notice) as is specified in the notice.

Division 4—Certificates of accreditation

76 Issue of certificate of accreditation

S. 76(1) amended by No. 49/2019 s. 140(Sch. 2 item 55(a)).

(1) On accrediting an applicant under this Part the Secretary must allocate an accreditation number to the accredited person and issue a certificate of accreditation that—

S. 76(1)(a) amended by No. 49/2019 s. 140(Sch. 2 item 55(a)).

(a) is in the form approved by the Secretary; and

(b) sets out—

(i) the accreditation number allocated to the accredited person; and

(ii) the name of the holder of the accreditation; and

(iii) the address of the holder of the accreditation; and

(iv) the kind of accreditation; and

(v) any conditions to which the accreditation is subject; and

(vi) the date of expiry of the accreditation; and

S. 76(1)(b)(vii) amended by No. 25/2025 s. 97.

(vii) any additional information that the Secretary considers appropriate.

S. 76(2) amended by No. 49/2019 s. 140(Sch. 2 item 55(a)).

(2) On accrediting an applicant under this Part the Secretary must also give the accredited person a copy of the service standards applicable to the accreditation.

S. 76(3) amended by No 49/2019 ss 133, 140(Sch. 2 item 55(b)).

(3) The Secretary may, on the application of the accredited person accompanied by the prescribed fee (if any), issue a replacement certificate of accreditation if the Secretary is satisfied (whether on the production of a statutory declaration or otherwise) that the certificate last issued to the accredited person has been lost, stolen or destroyed.

(4) A person who has made an application under subsection (3) on the ground that a certificate has been lost or stolen and who subsequently recovers the lost or stolen certificate must, within 14 days after the day on which the certificate is recovered—

S. 76(4)(a) amended by No. 49/2019 s. 140(Sch. 2 item 55(a)).

(a) notify the Secretary of the recovery; and

s. 76(4)(b) amended by No. 49/2019 s. 140(Sch. 2 item 55(a)).

(b) return the recovered certificate to the Secretary unless informed by the Secretary that it is not necessary to do so.

77 Offence not to notify of change of address and return certificate

If the holder of an accreditation under this Part changes address, the holder must, within 7 days of changing address—

S. 77(1)(a) amended by No. 49/2019 s. 140(Sch. 2 item 56).

(a) notify the Secretary of the change to the holder's address; and

S. 77(1)(b) amended by No. 49/2019 s. 140(Sch. 2 item 56).

(b) return the certificate of accreditation to the Secretary and apply to the Secretary to amend the certificate to reflect the change of address or to issue a replacement certificate.

S. 78 amended by No. 49/2019 s. 140(Sch. 2 item 57).

78 Offence to retain illegible certificate

If the certificate of accreditation of the holder of an accreditation under this Part becomes illegible or is altered or defaced, the holder must return the certificate to the Secretary and apply for the issue of a replacement certificate within 7 days of becoming aware that the certificate has become illegible or has been altered or defaced.

Division 5—Disciplinary action

S. 79 (Heading) amended by No. 49/2019 s. 140(Sch. 2 item 58).

S. 79 amended by No. 49/2019 s. 140(Sch. 2 item 59).

79 When the Secretary must cancel accreditation

If the Secretary becomes aware that the holder of an accreditation under this Part or a nominated person or relevant person in relation to the holder of accreditation has been found guilty of an offence listed in clause 1 of Schedule 1, the Secretary must cancel the accreditation.

A person whose accreditation has been cancelled under this section may apply to VCAT under section 87.

S. 80 (Heading) amended by No. 49/2019 s. 140(Sch. 2 item 60).

80 When the Secretary may take disciplinary action

S. 80(1) amended by No. 49/2019 s. 140(Sch. 2 item 61(a)).

(1) The Secretary may take disciplinary action against an accredited person in respect of an accreditation held by that person under this Part if satisfied—

(a) that the accredited person or the nominated person or a relevant person in relation to the accredited person has contravened a provision of this Act or regulations made under this Act; or

(b) that the accredited person has contravened—

(i) a condition of the accredited person's accreditation; or

(ii) a service standard applicable to the accredited person's accreditation; or

(c) that the accredited person or the nominated person or a relevant person in relation to the accredited person has committed an offence listed in clause 2 or 3 of Schedule 1; or

(d) that the accredited person or the nominated person or a relevant person in relation to the accredited person has contravened a condition of any tow truck licence held by the accredited person, the nominated person or the relevant person; or

(e) that the action is appropriate having regard to the industry accreditation objective.

S. 80(2) amended by No. 49/2019 s. 140(Sch. 2 item 61(b)).

(2) If a matter has been referred to the Secretary from VCAT under section 87(2)(b)(ii), the Secretary may take disciplinary action against the accredited person in respect of an accreditation held by that person under this Part.

81 Disciplinary action that may be taken in relation to accreditations

S. 81(1) amended by No. 49/2019 s. 140(Sch. 2 item 62).

(1) If the Secretary decides under section 80 to take disciplinary action against an accredited person in respect of an accreditation held by that person under this Part, the Secretary may take one or more of the following actions (disciplinary action)—

(a) cancel the accreditation and disqualify the holder from applying for an accreditation under this Part for a period not exceeding 5 years;

(b) suspend the accreditation for a period not exceeding one year;

(c) if the accreditation is already suspended—

(i) cancel the accreditation and disqualify the holder from applying for an accreditation under this Part for a period not exceeding 5 years; or

(ii) suspend the accreditation for an additional period not exceeding one year;

(d) impose a new condition on, or vary a condition on, the accreditation;

(e) direct the person or a relevant person in relation to the person, to undertake particular training;

(f) warn the holder of the accreditation that more serious action may be taken in the future if the holder repeats the behaviour;

(g) reprimand the holder of the accreditation.

S. 81(2) amended by No. 49/2019 s. 140(Sch. 2 item 62).

(2) If an accredited person holds more than one kind of accreditation under this Part, the Secretary may take action in relation to any one or more of the accreditations.

82 Procedure for taking disciplinary action

S. 82(1) amended by No. 49/2019 s. 140(Sch. 2 item 63).

(1) If the Secretary is considering taking disciplinary action against a person under section 80, the Secretary must serve on that person a notice (a disciplinary notice) that—

S. 82(1)(a) amended by No. 49/2019 s. 140(Sch. 2 item 63).

(a) states the action being considered by the Secretary (including any possible period of suspension or disqualification from applying for accreditation under this Part); and

(b) if the accredited person holds more than one kind of accreditation under this Part, states the accreditation or accreditations to which the possible action would relate; and

S. 82(1)(c) amended by No. 49/2019 s. 140(Sch. 2 item 63).

(c) states the grounds as to why the Secretary is considering taking action; and

(d) invites the person to make a written submission within a stated period as to why such action should not be taken.

(2) For the purposes of subsection (1)(d), the period stated in the disciplinary notice must be a period of at least 28 days after the day on which the disciplinary notice is served on the accredited person.

S. 82(3) amended by No. 49/2019 s. 140(Sch. 2 item 63).

(3) If the person that the Secretary is considering taking disciplinary action against provides a written submission to the Secretary within the period stated in the disciplinary notice, the Secretary must consider the written submission before making any decision to take disciplinary action against that person.

S. 83 amended by No. 49/2019 s. 140(Sch. 2 item 64).

83 Notice of disciplinary action

The Secretary must, as soon as practicable, serve written notice on the person accredited under this Part of any decision to take, or not to take, disciplinary action and, if the decision is to take disciplinary action, of—

(a) the disciplinary action being taken; and

(b) the date, which must not be earlier than 7 days after the day on which the notice under this section is served, on which any disciplinary action takes effect.

84 Immediate suspension of accreditation

S. 84(1) amended by No. 49/2019 s. 140(Sch. 2 item 65).

(1) Despite section 82, the Secretary may suspend an accreditation under this Part without serving a disciplinary notice if the Secretary believes on reasonable grounds that it is in the public interest having regard to the industry accreditation objective, that the accreditation held by the person be suspended before a decision is made to take disciplinary action in relation to the person.

S. 84(2) amended by No. 49/2019 s. 140(Sch. 2 item 65).

(2) If the Secretary has decided to suspend an accreditation under subsection (1), the Secretary must serve on the person a notice (an immediate suspension notice) suspending the accreditation.

(3) An immediate suspension notice must set out the reasons for the suspension.

(4) A suspension under this section has effect on the service of the immediate suspension notice.

(5) If accreditation under this Part has been suspended under subsection (1), the suspension ceases to have effect—

(a) if a decision is made to take disciplinary action under section 80, on the coming into effect of the disciplinary action; or

S. 84(5)(b) amended by No. 49/2019 s. 140(Sch. 2 item 65).

(b) if the Secretary reinstates the accreditation, on the date of the re-instatement; or

(c) if—

(i) a disciplinary notice has not been served on the person; and

(ii) the accreditation of the person has not been reinstated—

within 14 days of service of the immediate suspension notice, on the day immediately following the expiry of that period.

85 Effect of suspension of accreditation

During the period of a suspension of accreditation under this Part, the person who is the subject of the suspension is taken—

(a) not to hold an accreditation of the kind that has been suspended; and

(b) to be disqualified from applying for an accreditation under this Part.

86 Return of certificate of accreditation

(1) The holder of a cancelled or suspended accreditation under this Part must, no later than 7 days after the cancellation or suspension takes effect—

S. 86(1)(a) amended by No. 49/2019 s. 140(Sch. 2 item 66).

(a) return the certificate of accreditation to the Secretary; or

S. 86(1)(b) amended by No. 49/2019 s. 140(Sch. 2 item 66).

(b) if the certificate has been lost, stolen or destroyed, give the Secretary a statement, verified by a statutory declaration signed by or on behalf of the holder, that the certificate has been lost, stolen or destroyed.

S. 86(2) amended by No. 49/2019 s. 140(Sch. 2 item 66).

(2) If a person's accreditation under this Part is suspended and the period of accreditation has not expired when the suspension ends, the Secretary must return the certificate of accreditation to the person once the suspension ends.

Division 6—VCAT review and jurisdiction

87 Original jurisdiction of VCAT in relation to mandatory refusal or cancellation

(1) A person—

(a) whose application for accreditation under section 59 is refused on a ground set out in section 66(1)(a) or 66(1)(b); or

(b) whose accreditation is cancelled under section 79—

may apply to VCAT for an order under subsection (2).

(2) On an application under subsection (1) VCAT may—

(a) in the case of an application under subsection (1)(a)—

S. 87(2)(a)(i) amended by No. 49/2019 s. 140(Sch. 2 item 67).

(i) direct the Secretary to accredit the applicant; or

S. 87(2)(a)(ii) amended by No. 49/2019 s. 140(Sch. 2 item 67).

(ii) refer the matter to the Secretary to consider whether the application for accreditation should be approved despite section 66(1)(a) or 66(1)(b); or

(b) in the case of an application under subsection (1)(b)—

S. 87(2)(b)(i) amended by No. 49/2019 s. 140(Sch. 2 item 67).

(i) direct the Secretary to reinstate the accreditation of the applicant; or

S. 87(2)(b)(ii) amended by No. 49/2019 s. 140(Sch. 2 item 67).

(ii) refer the matter to the Secretary to consider whether disciplinary action should be taken against the applicant under section 80; or

(c) in any case, dismiss the application.

S. 87(3) amended by No. 49/2019 s. 140(Sch. 2 item 67).

(3) VCAT must not make an order directing the Secretary to accredit an applicant under subsection (2)(a)(i) unless VCAT is satisfied that—

(a) the issuing of accreditation is appropriate having regard to the industry accreditation objective; and

(b) the applicant is suitable to be accredited; and

(c) the applicant has complied with the application requirements under this Part.

S. 87(4) amended by No. 49/2019 s. 140(Sch. 2 item 67).

(4) VCAT must not make an order directing the Secretary to reinstate the accreditation of the applicant under subsection (2)(b)(i) unless VCAT is satisfied that—

(a) accreditation is appropriate having regard to the industry accreditation objective; and

(b) the applicant is suitable to be accredited.

(5) In making an order under subsection (2) in a matter involving an offence listed in clause 1 of Schedule 1 VCAT may have regard to—

(a) any matter referred to in section 68(4)(a) to 68(4)(i); and

(b) any other matter that VCAT considers relevant.

88 Review of decision by VCAT

S. 88(1) amended by No. 49/2019 s. 140(Sch. 2 item 68).

(1) Subject to subsection (2), a person affected by a decision of the Secretary under this Part—

(a) to refuse an application under this Part to grant or renew accreditation; or

(b) to impose a condition on an accreditation under this Part; or

(c) to vary or revoke a condition on an accreditation under this Part; or

(d) to suspend or cancel an accreditation under this Part; or

(e) to disqualify the person from applying for accreditation under this Part—

may apply to VCAT for review of that decision.

S. 88(2) amended by No. 49/2019 s. 140(Sch. 2 item 68).

(2) Subsection (1) does not apply to a decision made by the Secretary under section 66 or 79.

89 Time period for making application to VCAT

S. 89(1) amended by No. 49/2019 s. 140(Sch. 2 item 69).

(1) An application under section 87(1) must be made within 28 days after the day on which the decision of the Secretary is made.

(2) An application for review under section 88(1) must be made within 28 days after the later of—

S. 89(2)(a) amended by No. 49/2019 s. 140(Sch. 2 item 69).

(b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.

Division 7—Miscellaneous

90 Accredited person to keep records

(1) A person who holds a towing operator accreditation must—

(a) record and maintain all information relating to complaints made in relation to the holder of the accreditation; and

S. 90(1)(b) amended by No. 49/2019 s. 140(Sch. 2 item 70).

(b) if requested by the Secretary, provide information to the Secretary about complaints that the holder of the accreditation is aware of that have been made in relation to the holder of the accreditation.

(2) A person who holds a towing depot manager accreditation must, in relation to the accident towing service business carried on at the depot—

(a) manage the record-keeping and maintenance of all information relating to complaints made in relation to the business; and

S. 90(2)(b) amended by No. 49/2019 s. 140(Sch. 2 item 70).

(b) if requested by the Secretary, provide information to the Secretary in relation to complaints made in relation to the business.

91 Accreditation cannot be transferred

(1) An accreditation under this Part—

(a) is personal to the person who holds it; and

(b) is not capable of being transferred or assigned to any other person or of being otherwise dealt with by the person who holds it; and

(c) does not vest by operation of law in any other person.

(2) A purported transfer, assignment or lease of an accreditation and any other purported dealing with an accreditation by the person who holds it is of no effect.

(3) The holder of an accreditation must not purport to transfer or assign the accreditation to any other person or otherwise purport to deal with it.

(4) This section does not apply to the surrender of an accreditation in accordance with this Part.

S. 92 (Heading) amended by No. 49/2019 s. 140(Sch. 2 item 71).

92 Holder of accreditation and Chief Commissioner of Police to notify the Secretary of finding of guilt

S. 92(1) amended by No. 49/2019 s. 140(Sch. 2 item 72).

(1) If the holder of an accreditation under this Part or a nominated person or a relevant person in relation to the accredited person is found guilty of an offence listed in clause 1 or 2 of Schedule 1, the holder must notify the Secretary of the finding of guilt within 7 days of the holder being found guilty or of becoming aware that the nominated person or relevant person has been found guilty.

S. 92(2) amended by No. 49/2019 s. 140(Sch. 2 item 72).

(2) If the holder of accreditation under this Part or a nominated person or a relevant person in relation to the accredited person is charged with an offence listed in clause 1 or 2 of Schedule 1, the holder must notify the Secretary of the charge within 7 days of the holder being so charged or of becoming aware that the nominated person or relevant person has been so charged.

S. 92(3) amended by No. 49/2019 s. 140(Sch. 2 item 72).

(3) Subsections (1) and (2) do not require a person to give to the Secretary any details that have already been provided to the Secretary by the person.

S. 92(4) amended by No. 49/2019 s. 140(Sch. 2 item 72).

(4) The Chief Commissioner of Police may, in accordance with processes agreed on with the Secretary, notify the Secretary of any relevant findings of guilt in relation to an accredited person and of any relevant findings of guilt in relation to any nominated person and any relevant person in relation to the accredited person.

93 Offence not to notify of suspension or cancellation of accreditation

If the holder of an accreditation under this Part employs or engages any person to drive a licensed tow truck, the holder of the accreditation must notify the driver of any suspension or cancellation of the holder's accreditation under this Part within 7 days of receiving notice of the suspension or cancellation.

94 Surrender of accreditation

S. 94(1) amended by No. 49/2019 s. 140(Sch. 2 item 73).

(1) An accredited person under this Part, other than a person whose accreditation has been suspended, may apply in writing to the Secretary for consent to the surrender of the accreditation.

(2) An application under subsection (1) must be accompanied by the certificate of accreditation unless—

S. 94(2)(a) amended by No. 49/2019 s. 140(Sch. 2 item 73).

(a) the certificate has already been returned to the Secretary; or

(b) the certificate has been lost, stolen or destroyed.

(3) If subsection (2)(b) applies, the application must be accompanied by a statement, verified by a statutory declaration signed by or on behalf of the accredited person, that the certificate has been lost, stolen or destroyed.

95 Consent to surrender

S. 95(1) amended by No. 49/2019 s. 140(Sch. 2 item 74(a)).

(1) If an application is made under section 94, the Secretary must consent to the surrender unless the Secretary is taking, or proposing to take, action to cancel or suspend the accreditation.

S. 95(2) amended by No. 49/2019 s. 140(Sch. 2 item 74(b)).

(2) The Secretary may impose any condition on the consent to surrender that the Secretary considers reasonably necessary to protect the interests of a third party.

S. 95(3) amended by No. 49/2019 s. 140(Sch. 2 item 74(a)).

(3) If the Secretary consents to the surrender of an accreditation under subsection (1) and imposes a condition on the consent, the person to whom the condition applies must comply with the condition.

S. 96 (Heading) amended by No. 49/2019 s. 140(Sch. item 75).

96 Information disclosure by the Secretary

S. 96(1) amended by No. 49/2019 s. 140(Sch. 2 item 76(a)).

(1) The Secretary may, if it considers it necessary for the provision of safe accident towing services, disclose to any other person information obtained or collected by the Secretary in the performance or exercise of its functions or powers under this Part.

S. 96(2) amended by No. 49/2019 s. 140(Sch. 2 item 76(b)).

(2) The Secretary may, if it considers it desirable for the provision of safe tow truck services, publish any information referred to in subsection (1).

(3) A publication under subsection (2) must not identify any person.

Part 4—Driver accreditation

Division 1—Objective and requirement for accreditation

97 Driver accreditation objective

The driver accreditation objective is the objective that drivers of tow trucks—

(a) provide safe and convenient services to persons using the tow trucks and other persons, particularly persons involved in road accidents; and

(b) are technically competent to drive the relevant tow truck and provide the relevant services; and

(c) are of appropriate character; and

(d) when providing the services, act with integrity and in a manner that is safe, timely, efficient, responsible and law abiding.

98 Offence to drive licensed tow truck or tow truck providing accident towing services without accreditation

S. 98(1) substituted by No. 40/2011 s. 6.

(1) A person who does not hold a tow truck driver accreditation (where subsection (1B) does not apply) must not drive a licensed tow truck or a tow truck that is being used for the purposes of providing accident towing services.

S. 98(1A) inserted by No. 40/2011 s. 6, amended by No. 41/2020 s. 3(1).

(1A) A person who does not hold a tow truck driver accreditation (where subsection (1C) does not apply) must not accompany the driver of a tow truck that is being used for the purpose of providing accident towing services (whether or not the tow truck is a licensed tow truck).

S. 98(1B) inserted by No. 40/2011 s. 6.

(1B) A person who does not hold a tow truck driver accreditation where—

(a) that person has previously held a tow truck driver accreditation and has failed to renew that accreditation; and

(b) an application by that person for the renewal of that accreditation would not be refused under section 107, 108 or 109—

must not drive a licensed tow truck or a tow truck that is being used for the purposes of providing accident towing services.

S. 98(1C) inserted by No. 40/2011 s. 6, amended by No. 41/2020 s. 3(2).

(1C) A person who does not hold a tow truck driver accreditation where—

(a) that person has previously held a tow truck driver accreditation and has failed to renew that accreditation; and

(b) an application by that person for the renewal of that accreditation would not be refused under section 107, 108 or 109—

must not accompany the driver of a tow truck that is being used for the purpose of providing accident towing services (whether or not the tow truck is a licensed tow truck).

(2) The holder of a tow truck driver accreditation must not allow a person to—

(a) drive a licensed tow truck or a tow truck that is being driven for the purpose of providing accident towing services and that is a tow truck that is apparently under the care and control of the holder of the accreditation; or

S. 98(2)(b) amended by No. 41/2020 s. 3(3).

(b) accompany the holder when the holder is driving a tow truck that is being used for the purpose of providing accident towing services (whether or not the tow truck is a licensed tow truck)—

unless that person holds a tow truck driver accreditation.

S. 98(3) substituted by No. 28/2009 s. 72.

(3) A person does not commit an offence under subsection (1) or (2) if—

(a) the person was the driver of, or a passenger in, the motor vehicle that is being towed by the tow truck and the person accompanies the driver of the tow truck—

(i) while the vehicle is being towed; or

(ii) after the vehicle has been towed, for the purpose of being driven to the person's home or other convenient place; or

(b) the person was the driver of or a passenger in a motor vehicle at the time the motor vehicle was damaged in a road accident outside a controlled area and the person accompanies the driver of the tow truck while the tow truck is travelling to the motor vehicle for the purpose of towing it; or

(c) the person is repairing, maintaining or testing a tow truck, as long as the person is not driving the tow truck to or from a road accident scene; or

(d) the person is acting under and in accordance with a tow truck trainee permit.

S. 99 (Heading) amended by No. 49/2019 s. 140(Sch. 2 item 77).

S. 99 amended by No. 49/2019 s. 140(Sch. 2 item 78).

99 The Secretary to accredit persons to drive licensed tow truck and accompany driver

The Secretary may accredit a person to drive or accompany the driver of a licensed tow truck or a tow truck that is being driven for the purpose of providing accident towing services.

100 How long accreditation remains in force

(1) A tow truck driver accreditation remains in force for 3 years or until the accreditation is cancelled or surrendered, whichever is the sooner.

(2) The period of accreditation must be specified in the certificate of accreditation.

Division 2—Application for accreditation

S. 101 amended by No. 49/2019 s. 140(Sch. 2 item 79).

101 Applications for tow truck driver accreditation

A person may apply to the Secretary for the grant or renewal of a tow truck driver accreditation.

102 Making of application

(1) An application under section 101 must—

S. 102(1)(a) amended by No. 49/2019 s. 140(Sch. 2 item 80).

S. 102(1)(c)(i) substituted by No. 49/2019 s. 134.

S. 102(1)(c)(ii) amended by No. 49/2019 s. 140(Sch. 2 item 80).

(ii) any information or thing required by the Secretary.

S. 102(2) amended by No. 49/2019 s. 140(Sch. 2 item 80).

(2) For the purposes of subsection (1), any information or thing that the Secretary requires to accompany an application or to be included in the application must be limited to any information or thing the Secretary reasonably requires in order to assess the application.

S. 103 (Heading) amended by No. 49/2019 s. 140(Sch. 2 item 81).

S. 103 amended by No. 49/2019 s. 140(Sch. 2 item 82(a)).

103 The Secretary may require further information

The Secretary may require an applicant to—

S. 103(a) amended by No. 49/2019 s. 140(Sch. 2 item 82(b)).

(a) supply further information or things as specified by the Secretary that the Secretary reasonably requires in order to assess the application;

S. 103(b) amended by No. 49/2019 s. 140(Sch. 2 item 82(b)).

(b) verify, in the manner and form determined by the Secretary, the information or thing supplied for the purpose of the application;

S. 103(c) amended by No. 49/2019 s. 140(Sch. 2 item 82(b)).

(c) sign the application or provide a signature to the Secretary that can be digitised;

S. 103(d) amended by No. 49/2019 s. 140(Sch. 2 item 82(b)).

(d) supply a photograph or digitised image of the applicant to the Secretary or submit to be photographed by the Secretary.

S. 104 (Heading) amended by No. 49/2019 s. 140(Sch. 2 item 83).

S. 104 amended by No. 49/2019 s. 140(Sch. 2 item 84).

104 Chief Commissioner of Police may supply information to the Secretary

The Chief Commissioner of Police may, in accordance with the processes agreed on with the Secretary, notify the Secretary of any relevant findings of guilt in relation to an applicant for accreditation under this Part.

S. 105 (Heading) amended by No. 49/2019 s. 140(Sch. 2 item 85).

105 Time within which the Secretary must deal with application

S. 105(1) amended by No. 49/2019 s. 140(Sch. 2 item 86(a)).

(1) Subject to this section, the Secretary must decide whether to approve or refuse an application for accreditation under this Part within 30 days after receiving the application.

S. 105(2) amended by No. 49/2019 s. 140(Sch. 2 item 86(b)).

(2) The Secretary may, before the expiry of the period specified in subsection (1), decide to extend the period within which it may decide whether to approve or refuse an application if the Secretary requires the applicant to supply further information or things.

S. 105(3) amended by No. 49/2019 s. 140(Sch. 2 item 86(a)).

(3) If the Secretary decides under subsection (2) to extend the period within which it may decide whether to approve or refuse an application, the Secretary must notify the applicant in writing of that decision and the new period within which the Secretary intends to make its decision whether to approve or refuse the application.

S. 106 (Heading) amended by No. 49/2019 s. 140(Sch. 2 item 87).

S. 106 amended by No. 49/2019 s. 140(Sch. 2 item 88(a)).

106 When the Secretary may approve an application for accreditation

The Secretary may approve an application for accreditation under this Part, with or without imposing conditions, if—

(a) the application has not been refused under section 107, 108 or 109; and

S. 106(b) amended by No. 49/2019 s. 140(Sch. 2 item 88(b)).

(b) the Secretary is satisfied that—

(i) the applicant has complied with the application requirements under this Part; and

(ii) the applicant is technically competent and sufficiently fit and healthy to be able to provide the service to which the accreditation relates; and

S. 106(b)(iii) amended by No. 55/2013 s. 21(1).

(iii) the issuing of accreditation is appropriate having regard to the driver accreditation objective; and

S. 106(c) inserted by No. 55/2013 s. 21(2).

(c) in the case of an applicant whose place of residence is outside of Victoria—

(i) the applicant proposes to provide the service in relation to which the accreditation relates from a depot within Victoria; and

S. 106(c)(ii) amended by No. 49/2019 s. 140(Sch. 2 item 88(b)).

(ii) the Secretary is satisfied that the applicant is able to provide that service from that depot because of the proximity of the applicant's place of residence to that depot.

107 Mandatory refusal of accreditation

S. 107(1) amended by No. 49/2019 s. 140(Sch. 2 item 89(a).

(1) The Secretary must refuse an application under section 101 if the Secretary believes on reasonable grounds that the applicant—

S. 107(1)(a) substituted by No. 55/2013 s. 22.

(a) does not hold—

(i) a driver licence under the Road Safety Act 1986; or

(ii) in the case of an applicant whose place of residence is outside of Victoria—a driver licence issued by the jurisdiction in which the person resides; or

(b) subject to subsection (2), has been found guilty of an offence listed in clause 1 of Schedule 2; or

(c) is disqualified under section 111 or 125 from applying for accreditation under this Part.

Note to s. 107(1)(c) amended by No. 49/2019 s. 140(Sch. 2 item 89(b)).

Section 132 provides if the Secretary has refused an application under paragraph (b) or (c) the applicant may make an application to the original jurisdiction of VCAT for an order that the Secretary grant or renew accreditation under this Part.

(2) Subsection (1)(b) does not apply to the renewal of an accreditation under this Part if the offence listed in clause 1 of Schedule 2, which the applicant was found guilty of, was considered—

(a) in any previous application by the applicant for accreditation or renewal under this Part; or

(b) in any disciplinary proceedings under this Part against the applicant.

S. 108 (Heading) amended by No. 49/2019 s. 140(Sch. 2 item 90).

S. 180 amended by No. 49/2019 s. 140(Sch. 2 item 91).

108 Refusal of accreditation unless the Secretary satisfied it is appropriate

The Secretary must refuse an application under section 101 if the Secretary believes on reasonable grounds that the applicant has been found guilty of an offence listed in clause 2 of Schedule 2, unless the Secretary is satisfied that the applicant has demonstrated that the issue of accreditation is appropriate having regard to the driver accreditation objective.

109 Discretionary refusal of accreditation

S. 109(1) amended by No. 49/2019 s. 140(Sch. 2 item 92(a)).

(1) The Secretary may refuse an application for accreditation under section 101 if the Secretary—

(a) is aware that the applicant has been found guilty of an offence listed in clause 3 of Schedule 2; or

(b) is aware that the applicant is subject to a charge for an offence listed in Schedule 2 that has not been finally disposed of at the time of considering the application.

S. 109(2) amended by No. 49/2019 s. 140(Sch. 2 item 92(a)).

(2) The Secretary may refuse an application for accreditation referred to it by VCAT under section 132(2)(a)(ii) if the Secretary is not satisfied as to the matters set out in section 106(b).

S. 109(3) amended by No. 49/2019 s. 140(Sch. 2 item 92(b)).

(3) In exercising a discretion under this section in relation to an offence, the Secretary must have regard to—

(a) the nature and gravity of the offence or alleged offence and its relevance to the activities in respect of which accreditation is sought; and

(c) if there has been a finding of guilt or a conviction, whether the finding of guilt or the conviction was recorded; and

(e) the age of the applicant when the offence or alleged offence was committed or was alleged to have been committed; and

(f) if there has been a finding of guilt or a conviction, whether or not the conduct that constituted the offence has been decriminalised since the offence was committed; and

(g) the behaviour of the applicant since committing the offence or since the offence was alleged to have been committed; and

(h) the likelihood of the applicant committing an offence in the future, in particular, any future threat to persons involved in accidents or the owners of accident damaged motor vehicles; and

(i) any information given by the applicant; and

S. 109(3)(j) amended by No. 49/2019 s. 140(Sch. 2 item 92(b)).

(j) any other matter that the Secretary considers relevant.

110 Notification and reasons to be given if accreditation refused

S. 110(1) amended by No. 49/2019 s. 140(Sch. 2 item 93).

(1) If an application for accreditation is refused under section 107(1)(b) or 107(1)(c), the Secretary must notify the applicant for accreditation under this Part—

(a) of the decision; and

(b) that the applicant has a right to apply to VCAT under section 132.

S. 110(2) amended by No. 49/2019 s. 140(Sch. 2 item 93).

(2) If an application for accreditation is refused under section 107(1)(a), the Secretary must notify the applicant for accreditation under this Part of the decision.

S. 110(3) amended by Nos 49/2019 s. 140(Sch. 2 item 93), 25/2025 s. 98.

(3) If the Secretary decides to refuse to accredit an applicant for accreditation under section 108 or 109, the Secretary must—

(a) notify the applicant—

(i) of the decision; and

(ii) that the applicant has a right to seek review under section 133; and

(b) give the applicant a statement of reasons for the decision.

(4) A notification and a statement of reasons under this section must be—

(b) given to the applicant as soon as practicable after the application is refused.

111 Disqualification from applying for accreditation

S. 111(1) amended by No. 49/2019 s. 140(Sch. 2 item 94(a)).

(1) If an application for a tow truck driver accreditation is refused under this Part, the Secretary may, having regard to the driver accreditation objective, determine that the applicant is disqualified from applying for a tow truck driver accreditation for the period determined by the Secretary.

S. 111(2) amended by No. 49/2019 s. 140(Sch. 2 item 94(a)).

(2) The period determined by the Secretary under subsection (1) must not exceed 5 years.

S. 111(3) amended by No. 49/2019 s. 140(Sch. 2 item 94(a)).

(3) In making a determination under subsection (1), if the applicant has been found guilty of an offence listed in Schedule 2, the Secretary must have regard to the circumstances set out in section 109(3).

S. 111(4) amended by No. 49/2019 s. 140(Sch. 2 item 94(a)).

(4) If the Secretary disqualifies an applicant under subsection (1) the Secretary must, as soon as reasonably practicable—

(a) notify the applicant for accreditation under this Part in writing; and

(b) set out in the notice—

(i) the period of disqualification; and

S. 111(4)(b)(ii) amended by No. 49/2019 s. 140(Sch. 2 item 94(b)).

(ii) the Secretary's reasons for disqualifying the applicant for that period.

A person who has been disqualified under this Part may apply to VCAT for review of this decision: see section 133.

112 Disqualification ceases if there has been a relevant change of circumstances

S. 112(1) amended by No. 49/2019 s. 140(Sch. 2 item 95(a)).

(1) If there has been a relevant change of circumstances in relation to a person who has been disqualified from applying for tow truck driver accreditation, that person may apply in writing to the Secretary for a declaration that the disqualification ceases to have effect.

Note to s. 112(1) amended by No. 49/2019 s. 140(Sch. 2 item 95(b)).

This applies to any disqualification made by the Secretary under this Part, see sections 111 and 125.

S. 112(2) amended by No. 49/2019 s. 140(Sch. 2 item 95(a)).

(2) If an application is made to the Secretary under subsection (1) and the Secretary is satisfied that there has been a relevant change of circumstances in relation to the applicant, the Secretary must declare that the disqualification in relation to the applicant ceases to have effect.

(3) In this section a relevant change of circumstances includes where—

(a) a finding of guilt of the person is quashed or set aside by a court after the date of the disqualification; or

(b) a finding on which the decision to disqualify the person was based is quashed or set aside after the date of the disqualification.

Division 3—Accreditation conditions

113 Conditions on accreditation

S. 113(1) amended by No. 49/2019 s. 140(Sch. 2 item 96(a)).

(1) The Secretary may impose conditions on a tow truck driver accreditation either—

(a) on issuing or renewing the accreditation; or

(b) from time to time during the course of an accreditation.

S. 113(2) amended by No. 49/2019 s. 140(Sch. 2 item 96(b)).

(2) In considering whether or not to impose conditions on an accreditation, the Secretary must have regard to the driver accreditation objective and the conditions imposed may include conditions intended to improve the safety and convenience of people involved in road accidents.

S. 114 (Heading) amended by No. 49/2019 s. 140(Sch. 2 item 97).

114 The Secretary may vary, revoke or impose new conditions

S. 114(1) amended by No. 49/2019 s. 140(Sch. 2 item 98(a)).

(1) The Secretary may from time to time on its own initiative or on the written application of the holder of the tow truck driver accreditation—

(a) vary or revoke a condition imposed by it on the accreditation; or

(b) impose a new condition on the accreditation.

S. 114(2) amended by No. 49/2019 s. 140(Sch. 2 item 98(b)).

(2) If the Secretary decides on its own initiative to take action under subsection (1), the Secretary must—

S. 114(2)(a) amended by No. 49/2019 s. 140(Sch. 2 item 98(b)).

(a) give the holder of the tow truck driver accreditation written notice of the action that the Secretary is considering taking; and

S. 114(2)(b) amended by No. 49/2019 s. 140(Sch. 2 item 98(b)).

(b) allow the holder of the tow truck driver accreditation to make written submissions about the intended action within 10 business days of receiving the notice (or any other period that the Secretary and the accredited person agree on); and

(c) consider any submission that was made by the holder of the tow truck driver accreditation within the period set out in paragraph (b).

S. 114(3) amended by No. 49/2019 s. 140(Sch. 2 item 98(b)).

(3) Subsection (2) does not apply if the Secretary considers it necessary to take immediate action in the interests of public safety.

S. 114(4) amended by No. 49/2019 s. 140(Sch. 2 item 98(c)(i)).

(4) The Secretary must, in writing—

(a) give to the holder of the tow truck driver accreditation—

S. 114(4)(b) amended by No. 49/2019 s. 140(Sch. 2 item 98(c)(ii)).

(b) notify the holder of the tow truck driver accreditation that the person has a right to seek review of the Secretary's decision under section 133.

115 Offence to fail to comply with conditions

The holder of a tow truck driver accreditation must comply with any conditions on the accreditation.

Division 4—Certificates of accreditation

116 Issue of certificate of accreditation

S. 116(1) amended by No. 49/2019 s. 140(Sch. 2 item 99(a)).

(1) On accrediting an applicant under this Part the Secretary must allocate an accreditation number to the accredited person and issue a certificate of accreditation that—

S. 116(1)(a) amended by No. 49/2019 s. 140(Sch. 2 item 99(a)).

(a) is in the form approved by the Secretary; and

S. 116(1)(b) amended by No. 49/2019 s. 140(Sch. 2 item 99(a)).

(b) includes a photograph or digitised image of the accredited person in a form and size approved by the Secretary; and

(c) sets out—

(i) the accreditation number allocated to the accredited person; and

(ii) the name and address of the holder of the accreditation; and

(iii) the type of tow truck the holder is accredited to drive; and

(iv) any conditions to which the accreditation is subject; and

(v) the date of expiry of the accreditation; and

S. 116(1)(c)(vi) amended by No. 49/2019 s. 140(Sch. 2 item 99(a)).

(vi) any additional information that the Secretary considers appropriate.

S. 116(2) amended by No. 49/2019 ss. 135, 140(Sch. 2 item 99(b)).

(2) The Secretary may, on the application of the accredited person accompanied by the prescribed fee (if any), issue a replacement certificate of accreditation if the Secretary is satisfied (whether on the production of a statutory declaration or otherwise) that the certificate last issued to the accredited person has been lost, stolen or destroyed.

(3) A person who has made an application under subsection (2) on the ground that a certificate has been lost or stolen and who subsequently recovers the lost or stolen certificate must, within 14 days after the day on which the certificate is recovered—

S. 116(3)(a) amended by No. 49/2019 s. 140(Sch. 2 item 99(a)).

(a) notify the Secretary of the recovery; and

S. 116(3)(b) amended by No. 49/2019 s. 140(Sch. 2 item 99(a)).

(b) return the recovered certificate to the Secretary unless informed by the Secretary that it is not necessary to do so.

117 Offence not to sign certificate on receipt

If a certificate of accreditation issued under section 116 does not contain a digitised signature of the holder of the tow truck driver accreditation, the holder must, on receiving the certificate of accreditation, sign the certificate.

118 Offence not to notify of change of address and return certificate

If the holder of an accreditation under this Part changes address, the holder must, within 7 days of changing address—

S. 118(a) amended by No. 49/2019 s. 140(Sch. 2 item 100).

(a) notify the Secretary of the change to the holder's address; and

S. 118(b) amended by No. 49/2019 s. 140(Sch. 2 item 100).

(b) return the certificate of accreditation to the Secretary and apply to the Secretary to amend the certificate to reflect the change of address or to issue a replacement certificate.

S. 119 amended by No. 49/2019 s. 140(Sch. 2 item 101).

119 Offence to retain illegible certificate

If the certificate of accreditation of the holder of a tow truck driver accreditation becomes illegible or is altered or defaced, the holder must return the certificate to the Secretary and apply for the issue of a replacement certificate within 7 days of becoming aware that the certificate has become illegible or has been altered or defaced.

S. 120 amended by No. 28/2009 s. 73 (ILA s. 39B(1)).

120 Offence not to carry certificate when driving

(1) If the holder of a tow truck driver accreditation is driving a tow truck in circumstances in which he or she is required under this Part to have the accreditation, he or she must carry his or her certificate of accreditation.

S. 120(2) inserted by No. 28/2009 s. 73.

(2) If a person is accompanying the driver of a tow truck in circumstances in which he or she is required under this Part to hold a tow truck driver accreditation, he or she must carry his or her certificate of accreditation.

121 Offence not to produce certificate when asked

S. 121 amended by No. 28/2009 s. 74(2) (ILA s. 39B(1)).

(1) The holder of a tow truck driver accreditation must produce his or her certificate of accreditation if—

(a) he or she is driving a tow truck in circumstances in which he or she is required under this Part to be accredited; and

S. 121(1)(b) amended by No. 28/2009 s. 74(1).

(b) he or she is asked to produce the certificate by—

S. 121(1)(b)(ii) substituted by No. 37/2014 s. 10(Sch. item 3.4(a)).

(iii) the owner or driver of an accident damaged motor vehicle that is being, or is about to be, towed by the holder of the accreditation.

S. 121(2) inserted by No. 28/2009 s. 74(2).

(2) The holder of a tow truck driver accreditation must produce his or her certificate of accreditation if—

(a) he or she is accompanying the driver of a tow truck in circumstances in which he or she is required under this Part to be accredited; and

(b) he or she is asked to produce the certificate by—

S. 121(2)(b)(ii) substituted by No. 37/2014 s. 10(Sch. item 3.4(b)).

(iii) the owner or driver of an accident damaged motor vehicle that is being, or is about to be, towed by the driver of the tow truck.

Division 5—Disciplinary action

S. 122 (Heading) amended by No. 49/2019 s. 140(Sch. 2 item 102).

S. 122 amended by No. 49/2019 s. 140 (Sch. 2 item 103).

122 When the Secretary must cancel accreditation

If the Secretary becomes aware that the holder of a tow truck driver accreditation has been found guilty of an offence listed in clause 1 of Schedule 2, the Secretary must cancel the accreditation.

A person whose accreditation has been cancelled under this section may apply to VCAT under section 132.