NSWIn ForceAct
Tow Truck Industry Act 1998
61Prohibition of “spotter’s fees”, “drop fees” and towing inducements
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#### 61 Prohibition of “spotter’s fees”, “drop fees” and towing inducements
61 Prohibition of “spotter’s fees”, “drop fees” and towing inducements
> > (1) A person must not, for the purpose of obtaining towing work, or for the purpose of enabling any other person to obtain towing work, give or receive, or offer to give or receive, any valuable thing in consideration of the furnishing of information or advice—
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> > > (a) as to the occurrence of an accident, or
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> > > (b) as to the presence on a road or road related area of a motor vehicle that has been involved in an accident or that otherwise requires towing.
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> > Maximum penalty—25 penalty units.
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> > (2) A person must not—
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> > > (a) give, or offer to give, any valuable thing in consideration of the obtaining, personally or for any other person, of the work of repairing a motor vehicle that has been involved in an accident or that otherwise requires towing, or
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> > > (b) demand, receive, or offer to receive, any valuable thing in consideration of the obtaining, for any other person, of the work of repairing a motor vehicle that has been involved in an accident or that otherwise requires towing.
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> > Maximum penalty—100 penalty units or imprisonment for 12 months, or both.
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> > (3) A person must not give, or offer to give, any inducement of a kind prescribed by the regulations for the purposes of this subsection in consideration of the obtaining, personally or for any other person, of the towing of a motor vehicle that has been involved in an accident or that otherwise requires towing.
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> > Maximum penalty—50 penalty units.
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> > (4) In this section—
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> > valuable thing includes—
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> > > (a) any money, loan, employment, article, benefit or advantage and any commission or rebate, payment in excess of actual value of goods or services, deduction or percentage, bonus or discount, and
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> > > (b) not demanding any money or money’s worth or valuable thing,
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> > but does not include any reasonable charges in respect of the towing, salvage or storage of a motor vehicle (so long as those charges are permitted to be charged under this Act and do not exceed any maximum charges fixed by the regulations).
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> **s 61:** Am 2007 No 54, Sch 1 \[15\]; 2008 No 83, Sch 1 \[15\].