(a) an offence specified in clause 3 of Schedule 1 to the Sentencing Act 1991; or
(b) an offence against the Crimes Act 1958 that involves sexual penetration (as defined by section 35A of the Crimes Act 1958); or
(c) an offence against a provision of the Crimes Act 1958 amended or repealed before the commencement of Part 9 of this Act of which the necessary elements at the time it was committed consisted of elements that constitute an offence of a kind listed in paragraph (b); or
(d) an offence under a law of a jurisdiction other than Victoria (including jurisdictions outside Australia) that, if it had been committed in Victoria, would have constituted an offence of a kind listed in this clause.
2 Fraud, dishonesty, violence, sexual offences or drug trafficking
(a) an offence specified in clause 1 of Schedule 1 to the Sentencing Act 1991 that is not an offence of a kind listed in clause 1(a); or
(b) an offence involving fraud, dishonesty, or violence punishable by imprisonment of 3 months or more; or
(c) an offence specified in clause 2 of Schedule 1 to the Sentencing Act 1991 that is not an offence specified in clause 3 of that Schedule or referred to in paragraph (b); or
(d) an offence specified in clause 4 of Schedule 1 to the Sentencing Act 1991 that is not an offence of a kind listed in paragraph (b); or
(e) an offence under a law of a jurisdiction other than Victoria (including jurisdictions outside Australia) that, if it had been committed in Victoria, would have constituted an offence of a kind listed in this clause.
3 Other offences
The offences listed in this clause are any offences that are not offences of a kind listed in clauses 1 or 2.
Schedule 3—Transitional provisions for new accident towing services scheme
1 Definitions
In this Schedule—
commencement day means the day on which Part 9 of this Act commences;
disqualified person, in respect of—
(a) tow truck driver accreditation, means a person in respect of whom, if the person were to be an applicant for tow truck driver accreditation, VicRoads would be required to refuse accreditation under section 107; or
(b) towing operator accreditation, means a person in respect of whom, if the person were to be an applicant for a towing operator accreditation, VicRoads would be required to refuse the accreditation under section 66(1);
old Act means the Transport Act 1983 as in force immediately before the commencement day;
old accident towing licence means an accident towing licence, within the meaning of Part VI of the old Act, being a licence that is in force immediately before the commencement day;
old demerits register means the register of demerit points kept by the Secretary under section 181B of the old Act as in force immediately before the commencement day;
old driver authority means an accident towing driver authority that has been issued under section 182B of the old Act and that is in force immediately before the commencement day;
old heavy accident tow truck towing licence means a heavy accident tow truck towing licence, within the meaning of Part VI of the old Act, that is in force immediately before the commencement day;
old limited tow truck licence means—
(a) a heavy accident towing licence within the meaning of Part VI of the old Act; or
(b) an accident towing licence within the meaning of Part VI of the old Act—
that is in force immediately before the commencement day and that is held by a relevant agency;
Secretary means the person who is, for the time being, the Department Head (within the meaning of the Public Administration Act 2004) of the Department.
2 Tow Truck Driver Authorities
A person who was, immediately before the commencement day, the holder of an old driver authority—
(a) who is not a disqualified person; or
(b) who is a disqualified person who has been determined to be eligible by VicRoads under clause 10(1)(a)—
is taken to be the holder of a tow truck driver accreditation that is taken to—
(c) continue in force for the remainder of the period of the old driver authority; and
(d) be subject to the same conditions as those that applied to the old driver authority immediately before the commencement day, to the extent that those conditions are not inconsistent with this Act.
3 Accident towing licences
(1) A person who was, immediately before the commencement day, the holder of an old heavy accident tow truck towing licence is taken to be the holder of a heavy tow truck licence—
(a) for which the tow truck, to which the licence applied immediately before the commencement day, is taken to be the specified tow truck for the licence; and
(b) that—
(i) is taken to continue in force for the remainder of the period of the old licence; and
(ii) is taken to be subject to the same conditions as those that applied to the old licence immediately before the commencement day, to the extent that those conditions are not inconsistent with this Act or regulations made under this Act; and
(iii) in the case of such a licence that is an old limited tow truck licence, is taken to be a limited tow truck licence.
(2) A person who was, immediately before the commencement day, the holder of an old accident towing licence is taken to be the holder of a regular tow truck licence—
(a) for which the tow truck, to which the licence applied immediately before the commencement day, is taken to be the specified tow truck for the licence; and
(b) that—
(i) is taken to continue in force for the remainder of the period of the old licence; and
(ii) is taken to be subject to the same conditions as those that applied to the old licence immediately before the commencement day, to the extent that those conditions are not inconsistent with this Act or regulations made under this Act; and
(iii) in the case of such a licence that is an old limited tow truck licence, is taken to be a limited tow truck licence.
4 Operator accreditations
A person who was, immediately before the commencement day, the holder of an old heavy accident tow truck towing licence or the holder of an old accident towing licence—
(a) who is not a disqualified person; or
(b) who is a disqualified person who has been determined to be eligible by VicRoads under clause 10(1)(b) or 10(1)(c)—
is taken to be the holder of a towing operator accreditation that is to be taken to remain in force for a period of 12 months from the commencement day, unless sooner cancelled or suspended under this Act.
5 Demerit points
If, immediately before the commencement day, a person is recorded in the old demerits register as having incurred demerit points, the demerit points so recorded are taken to be accident towing demerit points within the meaning of this Act incurred by that person and, for the purposes of this Act, the point in time at which the demerit points have been incurred is to be taken to be the same point in time as that which applied under the old Act.
6 Determination of tow truck charges
A determination of the Minister that has been made under section 184A of the old Act, and that is in force immediately before the commencement day, is taken to be a determination made under section 211 and may be amended or revoked accordingly.
7 Continuation of operation of regulations
If Part 9 of this Act commences before 14 November 2008, despite that commencement, Part 4 of the Transport (Tow Truck) Regulations 2005, as in force immediately before that commencement is to be taken to continue in force until 14 November 2008, as if the Regulations were made under this Act, and the following provisions apply—
(a) the Regulations may be amended or revoked as if they were made under this Act;
(b) in the Regulations—
licensing authority is to be taken to mean VicRoads.
8 Saving of references in agreements etc.
(1) Any reference to the Director of Public Transport in any relevant agreement, instrument, deed or other document, so far as it relates to any period after the commencement day and if not inconsistent with the context or subject-matter, must be construed as a reference to VicRoads.
(2) In this clause—
relevant agreement, instrument, deed or other document means any agreement, instrument, deed or other document—
(a) entered into under Division 8 of Part VI of the Transport Act 1983 (as in force before its repeal by this Act); and
(b) in force immediately before the commencement day.
9 Melbourne controlled area
(1) Despite the commencement of Part 9 of this Act, the Melbourne controlled area is to be taken to be the area described by a declaration published in the Government Gazette on 31 October 2002 at pages 2919 to 2921.
(2) This clause is repealed on the first anniversary of its commencement.
10 Determinations of eligibility
(1) VicRoads may determine that—
(a) the holder of an old driver authority who is a disqualified person in respect of tow truck driver accreditation is eligible to be taken to be the holder of a tow truck driver accreditation; or
(b) the holder of an old heavy accident tow truck towing licence who is a disqualified person in respect of towing operator accreditation is eligible to be taken to be the holder of a towing operator accreditation; or
(c) the holder of an old accident towing licence who is a disqualified person in respect of towing operator accreditation is eligible to be taken to be the holder of a towing operator accreditation.
(2) VicRoads must—
(a) refuse an application for a determination under subclause (1)(a) unless VicRoads is satisfied that the applicant has demonstrated that there are exceptional circumstances that make the determination appropriate having regard to the driver accreditation objective.
(b) refuse an application for a determination under subclause (1)(b) or (c) unless VicRoads is satisfied that the applicant has demonstrated that there are exceptional circumstances that make the determination appropriate having regard to the industry accreditation objective.
(3) In making a determination under subclause (1) VicRoads may have regard to all or any of the following matters—
(a) the nature and gravity of any relevant 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
(j) any other matter that VicRoads considers relevant.
(4) A person who is the holder of an old driver authority, an old heavy accident tow truck towing licence or an old accident towing licence may apply to VicRoads for a determination under subclause (1).
(5) An application under this clause must be made before the commencement day.
(6) So far as is necessary to give effect to this clause before the commencement day, words and phrases used in this clause have the same meaning as they would have if the remaining provisions of the Act were in operation.
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 19 April 2007
Legislative Council: 20 June 2007
The long title for the Bill for this Act was "A Bill for an Act to make provision for accident towing services and other matters relating to the towing, storage and repair of motor vehicles, to amend 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 and for other purposes."
The Accident Towing Services Act 2007 was assented to on 24 July 2007 and came into operation as follows:
Sections 1, 2 and Schedule 3 clause 10 on 25 July 2007: section 2(1); rest of Act on 1 January 2009: section 2(3).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Accident Towing Services Act 2007 by Acts and subordinate instruments.
| Assent Date: | 24.7.07 |
| Commencement Date: | S. 239 on 1.1.10: s. 239; s. 231(6) inserted on 1.1.20 by No. 49/2019 s. 139: Special Gazette (No. 514) 10.12.19 p. 1 |
| Note: | S. 231(6) provided that s. 231 expired on 1.1.22 |
Road Legislation Amendment Act 2009, No. 28/2009
| Assent Date: | 17.6.09 |
| Commencement Date: | Ss 62–86 on 18.6.09: s. 2(1) |
| Assent Date: | 20.11.12 |
| Commencement Date: | Ss 13, 14 on 5.12.12: Special Gazette (No. 419) 4.12.12 p. 1 |
Heavy Vehicle National Law Application Act 2013, No. 30/2013
| Assent Date: | 4.6.13 |
| Commencement Date: | S. 60(Sch. item 2) on 10.2.14: Special Gazette (No. 28) 4.2.14 p. 1 |
Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013, No. 55/2013
| Assent Date: | 24.9.13 |
| Commencement Date: | Ss 20–24 on 1.1.14: s. 2(3) |
Statute Law Revision Act 2013, No. 70/2013
| Assent Date: | 19.11.13 |
| Commencement Date: | S. 4(Sch. 2 item 1) on 1.12.13: s. 2(1) |
Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014
| Assent Date: | 3.6.14 |
| Commencement Date: | S. 10(Sch. item 3) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |
| Current State: | This information relates only to the provision/s amending the Accident Towing Services Act 2007 |
Treasury Legislation and Other Acts Amendment Act 2014, No. 44/2014
| Assent Date: | 27.6.14 |
| Commencement Date: | S. 33(Sch. item 2) on 30.6.14: s. 2(5) |
| Current State: | This information relates only to the provision/s amending the Accident Towing Services Act 2007 |
Criminal Organisations Control and Other Acts Amendment Act 2014, No. 55/2014
| Assent Date: | 26.8.14 |
| Commencement Date: | S. 140 on 31.10.14: Special Gazette (No. 330) 23.9.14 p. 1 |
| Current State: | This information relates only to the provision/s amending the Accident Towing Services Act 2007 |
| Assent Date: | 6.9.16 |
| Commencement Date: | S. 31 on 1.7.17: s. 2(2) |
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019, No. 8/2019 (as amended by No. 49/2019)
| Assent Date: | 26.3.19 |
| Commencement Date: | Ss 79(1)(2)(4), 80–87 on 19.2.20: s. 2(3); s. 79(3) never proclaimed, repealed by No. 49/2019 s. 161 |