91Tow Truck Industry Fund

91 Tow Truck Industry Fund

91 Tow Truck Industry Fund

(1) There is to be established in the Special Deposits Account a Tow Truck Industry Fund (the Fund) into which is to be paid—

(a) all money received by or on account of the Secretary under this Act, and

(a1) all penalties for offences under this Act and the regulations that are recovered in prosecutions brought by, or penalty notices issued by, the Secretary or authorised officers, and

(b) all money borrowed by or advanced to the Secretary for the purposes of this Act or appropriated by Parliament for the purposes of the Secretary under this Act.

(c) the proceeds of the investment of money in the Fund, and

(d) all other money required by or under this or any other Act to be paid into the Fund.

(2) The Fund is a continuation of the Tow Truck Industry Fund operating under the Tow Truck Act 1989 immediately before the repeal of that Act by this Act.

(3) There is to be paid from the Fund—

(a) all amounts required to meet expenditure incurred in the administration or execution of this Act and the regulations, and

(b) all payments made on account of the Secretary under this Act or otherwise required to meet expenditure incurred in relation to the functions of the Secretary under this Act, and

(c) all amounts required to meet expenditure incurred in a prosecution brought by the State, the Secretary or an authorised officer against a person who commits an offence under the following laws in connection with the carrying on of a business as a tow truck operator—

(i) this Act and the regulations,

(ii) Australian Consumer Law (NSW),

(iii) Crimes Act 1900, and

(d) all other payments required by or under this or any other Act to be paid from the Fund.

s 91: Am 1999 No 61, Sch 1 [19]; 2007 No 54, Sch 1 [16]–[20]; 2021 No 23, Sch 1.17[3].