15Ministerial authorisation for the issue of heavy tow truck 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).