Part 3CTowtrucks

Part 3C—Towtrucks 98D—Certain towtruck drivers required to hold certificates (1) Subject to subsection (2), a person who is not the holder of a towtruck certificate or temporary towtruck certificate must not drive or operate the equipment of a towtruck within the declared area. (2) Subsection (1) does not prevent a person who does not hold a towtruck certificate or temporary towtruck certificate from driving or operating the equipment of a towtruck within the declared area in the course of a business conducted from a place of business outside the declared area, provided that the towtruck is not used for the purpose of towing a motor vehicle damaged in an accident occurring within the declared area. 98E—Applications for towtruck certificates (1) An application for a towtruck certificate must be made to the Registrar in such manner and form, contain such information and be accompanied by such papers and documents (including photographs) as the Registrar may require. (2) An applicant for a towtruck certificate must, if the Registrar so requires— (a) undergo such tests or furnish such other evidence as the Registrar may require of ability to drive and operate the equipment of a towtruck of a kind specified by the Registrar; and (b) furnish the Registrar with such further information, papers or documents as the Registrar may require; and (c) verify by statutory declaration information furnished for the purposes of the application. (3) An applicant for a towtruck certificate must at the time of making the application pay the prescribed application fee to the Registrar. 98F—Entitlement to be granted towtruck certificates (1) Subject to this Act, an applicant is entitled to be granted a towtruck certificate if the applicant— (a) is of or above the age of 18 years; and (b) is the holder of a driver's licence granted and in force under Part 3; and (c) is a fit and proper person to be granted a towtruck certificate; and (d) has an adequate knowledge of the provisions of this Act relating to driving and operating the equipment of towtrucks; and (e) is proficient in driving and operating the equipment of a towtruck of the kind specified by the Registrar. (2) Where due application is made for a towtruck certificate under this Part and the applicant is entitled to be granted the certificate, the Registrar must, upon payment of the prescribed fee, grant the certificate. 98G—Renewal of towtruck certificates (2) A towtruck certificate granted or renewed under this Part will, subject to this Act, remain in force for a period of 12 months from the grant or renewal of the certificate and may from time to time be renewed for successive periods of 12 months. (3) An application for renewal of a towtruck certificate must be made to the Registrar in such manner and form as may be required by the Registrar. (4) Where due application is made for renewal of a towtruck certificate, the Registrar must, upon payment of the prescribed fee, renew the certificate. 98H—Conditions of towtruck certificates (1) The Registrar may, upon granting or renewing a towtruck certificate, or at any other time, by notice in writing to the holder of the certificate, impose a condition of the certificate. (2) The Registrar may, at any time, by notice in writing to the holder of a towtruck certificate, vary or revoke a condition of the certificate. (3) A person who is the holder of a towtruck certificate must not contravene or fail to comply with a condition of the certificate. 98I—Surrender of towtruck certificate A person who is the holder of a towtruck certificate may, at any time, surrender the certificate and the certificate thereupon ceases to have any effect. 98J—Suspension of towtruck certificate A towtruck certificate will be taken to be suspended for any period for which the holder of the certificate is not the holder of a driver's licence that is in force under Part 3. 98K—Temporary towtruck certificates (1) The Registrar may, in such circumstances as the Registrar thinks fit, grant a person a temporary towtruck certificate authorising that person to drive and operate the equipment of a towtruck during a period specified in the certificate. (2) The Registrar may, upon granting a temporary towtruck certificate, or at any other time, by notice in writing to the holder of the certificate, impose a condition of the certificate. (3) The Registrar may, at any time, by notice in writing to the holder of a temporary towtruck certificate, vary or revoke a condition of the certificate. (5) A person who is the holder of a temporary towtruck certificate must not contravene or fail to comply with a condition of the certificate. 98L—Form of certificates (1) Towtruck certificates and temporary towtruck certificates will be in a form determined by the Registrar. (2) The Registrar may, at any time, by notice in writing to the holder of a towtruck certificate or temporary towtruck certificate, require the certificate to be returned to the Registrar at a place and within a period specified in the notice for the purpose of varying the form of the certificate or replacing the certificate with a certificate in a different form. (3) A person given a notice under this section must not fail to comply with the notice. 98M—Duplicate certificates (1) The Registrar may, on the application of the holder of a towtruck certificate or temporary towtruck certificate, if satisfied of the loss or destruction of the certificate, or on the surrender of the certificate to the Registrar, and on payment of the prescribed fee, issue to the holder a duplicate certificate. (2) The Registrar may, for reasonable cause, remit a fee payable under subsection (1). (3) A duplicate issued under this section has effect as if it were the original. 98MA—Return of certificates when cancelled or suspended (1) Where a towtruck certificate or temporary towtruck certificate is cancelled or suspended under this Act, the Registrar may, by notice in writing to the former holder of the certificate, require the certificate to be returned to the Registrar at a place and within a period specified in the notice. (2) A person given a notice under this section must not fail to comply with it. 98MB—Register of certificates (1) The Registrar must keep a register of all towtruck certificates and temporary towtruck certificates granted under this Part and record in the register all related conditions, suspensions, cancellations and disqualifications. (2) The register will contain such other information as the Registrar thinks necessary for the administration of this Part and be in a form fixed by the Registrar. 98MC—Towtruck operators to notify Registrar of towtruck drivers in their employ (1) A towtruck operator must not cause, suffer or permit a person to drive or operate the equipment of a towtruck in the course of the operator's business in circumstances in which that person is required to hold a towtruck certificate or temporary towtruck certificate unless— (a) that person holds a towtruck certificate or temporary towtruck certificate; and (b) the towtruck operator has notified the Registrar in writing that that person will be employed in the operator's business as a towtruck driver. (2) Where notification has been given under subsection (1)(b) of the employment of a person as a towtruck driver and that person dies or ceases to be so employed, the towtruck operator must, within 48 hours, notify the Registrar in writing of that fact. 98MD—Only persons directed by police to proceed to or be present at scene of accident for purposes related to removal, wrecking or repair (1) A person must not, for or in expectation of a fee, reward or benefit of any kind, or in the course of a business, proceed to, or be present at, the scene of an accident that occurred within the declared area for any purpose related to the removal, storage, repair or wrecking of a motor vehicle that was damaged in the accident unless the person— (a) is the holder of a towtruck certificate; and (b) is acting pursuant to an accident towing direction given— (i) if the person is a towtruck operator—to the person; or (ii) in any other case—to a towtruck operator by whom the person is employed; and (c) is proceeding or has proceeded to the scene of the accident in a towtruck registered in the name of the towtruck operator to whom the accident towing direction was given. (2) In any proceedings for an offence against subsection (1), an allegation in the information that the defendant was acting for a purpose related to the removal, storage, repair or wrecking of a motor vehicle damaged in the accident is, in the absence of proof to the contrary, proof of the facts so alleged. (3) A police officer or an authorised officer may, for the purpose of protecting the driver, owner or person in charge of a motor vehicle damaged in an accident (whether occurring within or outside the declared area) from undue soliciting or harassment, require a person to leave the scene of the accident, or give such other direction as the police officer or authorised officer thinks fit to a person present at the scene of the accident. (4) A person must comply with any requirement or direction given under this section. 98ME—Towing of vehicle at or from scene of accident (1) A person must not, for or in expectation of a fee, reward or benefit of any kind, or in the course of a business, tow or otherwise remove a motor vehicle damaged in an accident that occurred within the declared area at or from the scene of the accident unless the person— (a) is the holder of a towtruck certificate; and (b) is acting pursuant to an accident towing direction given— (i) if the person is a towtruck operator—to the person; or (ii) in any other case—to a towtruck operator by whom the person is employed; and (c) tows the damaged vehicle by means of a towtruck registered in the name of the towtruck operator to whom the accident towing direction was given; and (d) has before removing the damaged vehicle personally obtained from the owner or person in charge of the vehicle or an authorised officer or police officer authorisation to remove the vehicle in the form of a valid authority to tow. (2) An authority to tow is not valid for the purposes of subsection (1)— (a) if it is given by a towtruck operator, towtruck driver or a person acting on behalf of a towtruck operator, or towtruck driver, unless the towtruck operator or towtruck driver is the owner of the damaged vehicle or was the driver of, or a passenger in, the vehicle immediately before the accident occurred; and (b) if it is given by a person under the age of 16 years; and (c) unless it is contained in a document issued by the Registrar to the towtruck operator to whom the accident towing direction was given for use as an authority to tow; and (d) unless it is signed and completed in triplicate; and (e) unless the towtruck driver before presenting the document to any person for signature fully and accurately enters in the document the particulars required by the document; and (f) unless the document is signed by the person authorising removal of the damaged vehicle; and (g) unless the towtruck driver, forthwith upon obtaining the signature of the person authorising removal of the damaged vehicle, signs the document personally and enters in it the date and time at which each person signed it and then forthwith delivers the original of the authority to that other person. (3) A towtruck driver who has obtained an authority to tow under this section authorising the towtruck driver to remove a vehicle from the scene of an accident must remove the vehicle in accordance with the terms of the authority to the address specified in the authority by the shortest route practicable and leave the vehicle at that address until it is lawfully removed. (4) A person must not prevent by intimidation or force a person duly authorised to remove a damaged motor vehicle from the scene of an accident from doing so, or from delivering the vehicle to and leaving it at the place specified in the authority. (5) Where a towtruck driver has been given, or expects to be given, a fee, reward or benefit of any kind in anticipation of, or return for, removing a damaged vehicle from the scene of an accident to a particular place (other than the registered premises of the towtruck operator to whom the accident towing direction was given), the towtruck driver must not solicit from the owner or person in charge of the vehicle authorisation to remove the vehicle to that place. (6) Where, in proceedings for an offence against subsection (5), it is proved that the defendant solicited from the owner or person in charge of a motor vehicle authorisation to remove the vehicle from the scene of an accident to a place other than the registered premises of the towtruck operator to whom the accident towing direction was given, the defendant will be taken, in the absence of proof to the contrary, to have been given, or to have expected to be given, a fee, reward or benefit of any kind in anticipation of, or return for, removing the vehicle to that place. (7) A person must not alter any of the particulars in an authority to tow under this section without the consent of the person who gave the authority indicated by signature of that person in the margin of the authority near to the alteration. (8) Where an alteration is made to any of the particulars in an authority to tow under this section, the authority is not valid for the purposes of this section unless the signatures of the towtruck driver and the person who gave the authority appear in the margin of the authority near to the alteration. (9) A person must not solicit a person who has signed an authority to tow a motor vehicle from the scene of an accident for a revocation or variation of that authority or for any further or other authorisation superseding that authority. (10) An authorised officer or a police officer present at the scene of an accident may, by oral or written direction, revoke an authority to tow if the authorised officer or police officer considers that— (a) the particulars required to be entered in the authority have not been fully or correctly entered; or (b) the authority or an alteration of the authority has been obtained or made in contravention of a provision of this Act; or (c) the removal or repair of the vehicle should be delayed in order to preserve evidence for the purpose of future court proceedings. (11) An authorised officer or a police officer may give such directions as are reasonable in the circumstances to a towtruck operator or towtruck driver requiring that person to tow or remove a motor vehicle at or from the scene of an accident (whether or not an authority to tow has been obtained in respect of that vehicle and whether the accident occurred within or outside the declared area) for the purpose of removing or preventing an obstruction or danger arising or likely to arise from the accident. (12) A towtruck operator or towtruck driver must not, without reasonable excuse, fail to comply with a direction given under subsection (11). (13) A towtruck driver who has obtained an authority to tow under this section in relation to a motor vehicle— (a) must within the period of ten hours after obtaining the authority, deliver the duplicate and triplicate copies of the authority to the registered premises of the towtruck operator to whom the accident towing direction in relation to that motor vehicle was given; and (b) must, until those copies of the authority have been delivered, carry them with the towtruck driver and, on demand, produce them for inspection to an authorised officer or police officer. (14) A towtruck operator (being a towtruck driver or the employer of a towtruck driver who has obtained an authority to tow)— (a) must ensure— (i) that the duplicate and triplicate copies of the authority to tow are completed in the prescribed manner with the prescribed additional information; (ii) that the duplicate copy so completed is forwarded to the Registrar in such manner and within such time as may be prescribed; and (b) must retain the triplicate copy at the towtruck operator's registered premises for a period of not less than three years after receipt of the authority. (15) Where a towtruck operator removes a motor vehicle from the scene of an accident in accordance with an authority to tow to the place specified in the authority and leaves the vehicle at that place, the towtruck operator is entitled to recover from the owner of the vehicle, by action in a court of competent jurisdiction, as a debt, a fee for so removing the vehicle determined according to the prescribed scale of fees. 98MF—Storage of vehicles by towtruck operators (1) Where a motor vehicle damaged in an accident is stored by or on behalf of a towtruck operator (being a towtruck operator who engages in the towing of motor vehicles damaged in accidents occurring within the declared area) otherwise than at the towtruck operator's registered premises, the towtruck operator is guilty of an offence. (2) Where a motor vehicle has been removed by a towtruck operator in accordance with an authority to tow from the scene of an accident that occurred within the declared area to the registered premises of the towtruck operator for storage of the vehicle at those premises, the towtruck operator must— (a) store the vehicle at those premises in accordance with the regulations until it is lawfully removed from the premises; and (b) be entitled to recover from the owner of the vehicle, by action in a court of competent jurisdiction, as a debt, a fee for so storing the vehicle determined according to the prescribed scale of fees. 98MG—Removal of vehicle from place to which it was removed from the scene of an accident (1) Where a motor vehicle has been removed from the scene of an accident to the place specified in an authority to tow given in relation to that vehicle, a person must not, for or in expectation of a fee, reward or benefit of any kind, or in the course of a business, remove the vehicle from that place except— (a) pursuant to a written direction, in the form determined by the Registrar, of the owner of the vehicle or a person duly authorised to act on the owner's behalf to a place specified in the direction, being a direction given after the removal of the vehicle to the place specified in the authority to tow; or (b) with the approval of the Registrar to a place and in accordance with the conditions specified in the approval. (2) The Registrar may, upon application made in writing by a person into whose possession a motor vehicle has come as a result of its removal from the scene of an accident in accordance with the terms of an authority to tow, give approval by notice in writing, upon such conditions as the Registrar thinks fit and specifies in the approval, for the vehicle to be removed to a place specified in the approval, if the Registrar is satisfied that the person has made reasonable attempts to obtain the permission of the owner of the vehicle or a person duly authorised to act on the owner's behalf to remove the vehicle to another place and that it is reasonable in the circumstances that the vehicle be removed to that other place. 98MH—Contracts relating to the repair of certain motor vehicles (1) A person must not, at the scene of any accident within the declared area involving or affecting a motor vehicle, or, where the vehicle was removed from the scene of the accident by a towtruck, within the period of 12 hours following that accident, solicit the owner, driver or person in charge of the vehicle for a contract, authority, insurance claim or other document for or relating to the storage, wrecking or repair or a quotation for repair of the vehicle or for revocation or variation of any such contract, authority, insurance claim or document. (2) No contract for a quotation for repair of a motor vehicle or for repair of a motor vehicle, being a motor vehicle that has been damaged in an accident within the declared area, is, if entered into before the prescribed time, enforceable or may be relied upon in any way unless— (a) the contract is in writing (and, in addition, in the case of a contract for quotation for repair of a motor vehicle, is in the prescribed form) and has been signed by the owner of the vehicle or some person duly authorised to act on the owner's behalf; and (b) there is printed conspicuously on that contract in capital letters in bold, black type so as to be clearly seen the words "This contract is unenforceable unless the owner of the motor vehicle or some person duly authorised to act on the owner's behalf confirms the contract not less than six hours nor more than fourteen days after the signing of the contract"; and (c) the owner of the vehicle or person duly authorised to act on the owner's behalf is given a duplicate of the contract immediately after signing the contract and the other party to the contract has obtained from that person an acknowledgment in writing of receipt of the duplicate; and (d) the owner of the vehicle or some person duly authorised to act on the owner's behalf has not less than six hours nor more than fourteen days after the signing of the contract notified the other party to the contract in writing that the owner confirms the contract. (3) No amount is payable, nor does a lien arise, in respect of the cost of making repairs to, or preparing a quotation for repair of, a motor vehicle referred to in subsection (2) where the repairs are made or the quotation is prepared before the prescribed time, unless the repairs are made or the quotation is prepared pursuant to a contract that has been entered into and confirmed in accordance with subsection (2). the prescribed time means— (a) where the vehicle was removed from the scene of the accident by a towtruck—the time at which after the vehicle was so removed the owner or some person duly authorised to act on the owner's behalf recovers actual physical possession of the vehicle; or (b) the expiration of 24 hours after the removal of the vehicle from the scene of the accident, whichever last occurs. (5) An agreement or arrangement that purports to exclude, modify or restrict the operation of this section is to that extent void and of no effect. (6) A purported waiver of a right conferred by this section is void and of no effect. (7) The provisions of this section, other than subsection (1), do not apply to a contract to which Part 3 of the Fair Trading Act 1987 applies. 98MI—Duty to surrender vehicle (1) A person who has in the person's possession or control a motor vehicle that has been damaged in an accident and removed from the scene of the accident by a towtruck or that has broken down and been removed by a towtruck, must, at the request of the owner of the vehicle or a person acting on the owner's behalf, and upon payment or tender of payment of all amounts lawfully claimed from the owner in relation to— (a) removal of the vehicle from the scene of the accident or the place at which it broke down; (b) storage of the vehicle; (c) quotation for repair of the vehicle; (d) repair of the vehicle, forthwith deliver up the vehicle to the owner or person acting on the owner's behalf. (2) Notwithstanding the provisions of section 98MF(2), no amount is payable for storage of a motor vehicle referred to in subsection (1) for a period exceeding 14 days unless notices in the prescribed form and containing the prescribed information have been given in the prescribed manner before the vehicle has been stored for that period. (3) An agreement or arrangement that purports to exclude, modify or restrict the operation of subsection (2) is to that extent void and of no effect. (4) Subject to subsection (5), where an authorised officer has reason to believe that a person has failed to deliver up a vehicle in contravention of subsection (1), the authorised officer may seize and remove the vehicle and deliver it to the owner or person acting on the owner's behalf and for that purpose may exercise the powers conferred on authorised officers for the purpose of an investigation under section 98P. (5) An authorised officer must not exercise the powers conferred by subsection (4) except upon the authority of a warrant issued by a justice. 98MJ—Accident spotting (1) A person must not enter into an agreement or arrangement under which information relating to the occurrence of an accident involving or affecting a motor vehicle or to the location of a motor vehicle damaged in an accident is, for a fee, reward or benefit of any kind, furnished to or by that person for any purpose relating to the towing, storage, repair or wrecking of the vehicle. (2) Where in any proceedings for an offence against subsection (1) it is proved that information of the kind referred to in that subsection was furnished to or by the defendant, the defendant will be taken, in the absence of proof to the contrary, to have entered into an agreement or arrangement under which such information is, for a fee, reward or benefit, furnished to or by the defendant, for a purpose relating to the towing, storage, repair or wrecking of the vehicle. 98MK—Off the hook transactions (1) A person must not directly or indirectly give or agree or offer to give, or receive, agree to receive, or solicit, a fee, reward or benefit of any kind for or in expectation of obtaining for the person or another person— (a) the work of repairing or wrecking a damaged motor vehicle; or (b) permission to prepare or give a quotation for repair of a damaged motor vehicle; or (c) permission to place a damaged motor vehicle in storage; or (d) possession or control of a damaged motor vehicle for any purpose related to the storage, repair or wrecking of the vehicle. (2) Where in any proceedings for an offence against subsection (1) circumstances are proved from which it is reasonable to infer that the defendant was a party to a transaction to which that subsection applies, it will be presumed, in the absence of proof to the contrary, that the defendant was a party to such a transaction. 98ML—Towtruck driver to carry and produce certificate The holder of a towtruck certificate or temporary towtruck certificate must— (a) carry the certificate in accordance with the regulations at all times while— (i) driving a towtruck; or (ii) riding in or on a towtruck; or (iii) operating the equipment of a towtruck; or (iv) being in attendance at the scene of an accident; and (b) produce the certificate for inspection immediately if requested to do so by— (i) a police officer; or (ii) an authorised officer; or (iii) a person present at the scene of an accident at which the holder is in attendance. 98N—Trade plates not to be used for the purpose of a towtruck in certain circumstances A person must not drive a towtruck bearing trade plates within the declared area for the purpose of proceeding to, returning from, or towing, a motor vehicle that has become unable to proceed under its own motive power. 98O—Persons who may ride in towtruck (1) No person other than— (a) the driver of the towtruck; and (b) the owner, driver or person in charge of a vehicle that is being, or is to be, towed, may ride in or upon a towtruck while it is being driven within the declared area to the scene of an accident. (2) A person other than— (a) the driver of the towtruck; and (b) the owner, driver or person in charge of a damaged vehicle that is being towed; and (c) any person who was a passenger in that damaged vehicle, must not ride in or upon a towtruck while it is towing a damaged vehicle within the declared area from the scene of an accident. (3) Where a person rides in or upon a towtruck in contravention of subsection (1) or (2), the driver of the towtruck is also guilty of an offence. (4) An allegation in any information for an offence against this section that a towtruck was being driven, or was towing a vehicle, within the declared area to or from the scene of an accident is, in the absence of proof to the contrary, proof of the facts so stated. (5) Notwithstanding any other provision of this section, one other person who is the holder of a towtruck certificate or temporary towtruck certificate may accompany the driver (in addition to any other persons referred to in subsection (1) or (2)) on any towtruck with a mass of more than five tonnes. 98P—Investigation powers (2) An authorised officer must make such investigations and reports, relevant to the administration of this Part, as the Registrar may direct. (3) Subject to subsection (3a), for the purposes of an investigation under this section, an authorised officer may, on any day and at any hour, with such assistants (if any) as the authorised officer thinks reasonably necessary— (a) upon the authority of a warrant issued by a justice— (i) break into any premises; and (ii) break into any part of the premises or any vehicle or thing contained in the premises; and (b) without a warrant— (i) enter upon and search any premises or any vehicle or thing contained in those premises; and (ii) require the driver of a towtruck to stop the vehicle; and (iii) require any person to produce any documents or books that may be relevant to the investigation, and to take copies of those documents or books, or any part of them; and (iv) seize any documents, books or other objects that may furnish evidence of an offence against this Act; and (v) require any person to answer any question that may be relevant to the investigation. (3a) An authorised officer may not exercise the power conferred under subsection (3)(b)(i), in relation to any premises, at any time when those premises are not open for business. (4) A person must not— (a) assault or hinder an authorised officer, or a person assisting an authorised officer, while the authorised officer is acting in the exercise of powers conferred by this section; or (b) refuse or fail to answer truthfully and forthwith any question put to the person in the course of an investigation under this Part by an authorised officer. Maximum penalty: $20 000. (4a) A person must not use abusive, threatening or insulting language to an authorised officer, or a person assisting an authorised officer, while the authorised officer is acting in the exercise of powers conferred under this Part. (5) Any statement of fact made in a report made by an authorised officer at the direction of the Registrar under this section will, in any legal proceedings under this Act, be accepted, in the absence of proof to the contrary, as proof of the fact so stated. (6) An apparently genuine document purporting to be a report made by an authorised officer at the direction of the Registrar under this section will be accepted, in any legal proceedings, in the absence of proof to the contrary, to be such a report. 98PA—Power to require production or attendance for investigations (1) An authorised officer may, for the purposes of an investigation, by notice in writing given to a person require the person— (a) within the time and in the manner specified to furnish information specified in the notice; or (b) within or at the time and at the place specified to produce for inspection a vehicle or other object or books, papers, documents or records of any kind specified in the notice; or (c) at a reasonable time and at the place specified in the notice to attend in person in order to enable an authorised officer to put questions to that person. (2) A person must not, without reasonable excuse, fail to comply with a requirement of an authorised officer made under subsection (1). 98PC—Cause for disciplinary action (1) There is proper cause for disciplinary action against a person who holds or has held a towtruck certificate or a temporary towtruck certificate if— (a) the certificate of the person was improperly obtained; or (b) the person has contravened or failed to comply with a provision of this Act; or (c) the person has contravened or failed to comply with a condition of the certificate; or (d) the person has contravened, or failed to comply with, a provision of the Radiocommunications Act 1992 of the Commonwealth, as amended from time to time, or an Act of the Commonwealth enacted in substitution for that Act; or (e) the person has been convicted, or found guilty, of an offence involving dishonest, threatening or violent behaviour or involving the use of a motor vehicle; or (f) the person has been guilty of any other act or default of such a nature that, in the opinion of the Tribunal, disciplinary action should be taken against the person. (2) If a person has expiated an offence that attracts demerit points under this Act, the person will be taken, for the purposes of subsection (1), to have been convicted of the offence. (3) This section applies in relation to conduct occurring before or after the commencement of this section. 98PD—Complaints An authorised officer or any other person may lodge with the Tribunal a complaint setting out matters that are alleged to constitute grounds for disciplinary action under this Part. 98PE—Hearing by Tribunal (1) On the lodging of a complaint, the Tribunal may conduct a hearing to determine whether the matters alleged in the complaint constitute grounds for disciplinary action under this Part. (2) Without limiting the usual powers of the Tribunal, the Tribunal may during the hearing— (a) allow an adjournment to enable an authorised officer to investigate or further investigate matters to which the complaint relates; and (b) allow the modification of the complaint or additional allegations to be included in the complaint subject to any conditions as to adjournment and notice to parties and other conditions that the Tribunal may think fit to impose. 98PF—Appointment, selection etc of assessors (1) For the purposes of section 22 of the South Australian Civil and Administrative Tribunal Act 2013, there will be a panel of assessors consisting of— (a) persons representative of the motor trade industry; and (b) persons representative of the towtruck industry. (2) In any proceedings under this Part, the Tribunal may, if the President so determines, sit with 1 or more assessors selected by the President from the panel referred to in subsection (1). President means the President of the Tribunal appointed under the South Australian Civil and Administrative Tribunal Act 2013. 98PG—Disciplinary action (1) On the hearing of a complaint, the Tribunal may, if it is satisfied on the balance of probabilities that there is proper cause for taking disciplinary action against the person to whom the complaint relates, by an order or orders do one or more of the following: (a) reprimand the person; (b) impose a fine not exceeding $1 250; (c) in the case of a person who holds a towtruck certificate or temporary towtruck certificate—suspend or cancel the certificate; (d) disqualify the person from holding a towtruck certificate or temporary towtruck certificate under this Act. (2) The Tribunal may— (a) stipulate that a disqualification is to apply permanently; (b) stipulate that a suspension or disqualification is to apply— (i) for a specified period; or (ii) until the fulfilment of stipulated conditions; or (iii) until further order; (c) stipulate that an order relating to a person is to have effect at a specified future time. (a) a person has been found guilty of an offence; and (b) the circumstances of the offence form, in whole or in part, the subject matter of the complaint, the person is not liable to a fine under this section in respect of conduct giving rise to the offence.