Tow Truck Act 1973

An Act to provide for the control and regulation of tow trucks and their operation

1Short title

This Act may be cited as the Tow Truck Act 1973 .

s 1 amd 1994 No. 87 s 3 sch 2

2Commencement

This Act shall come into operation on a date appointed by proclamation.

4Definitions

The dictionary in schedule 2 defines particular words used in this Act.

s 4 Note—s 4 contained definitions for this Act. Definitions are now located in schedule 2 (Dictionary). Annotations for definitions contained in s 4 are located in annotations for sch 2.

amd 1997 No. 66 s 4 (1); 2007 No. 6 s 10 (1)

4AFurther provision for definition motor vehicle

Where in the definition motor vehicle there is used an expression that is not itself defined in schedule 2 and to which a meaning is assigned by the Transport Operations (Road Use Management) Act 1995 , that expression has the meaning assigned to it by that Act; but if by a regulation made under this Act a meaning is assigned to such an expression either generally or for a particular purpose the expression shall, for the purposes of the regulations, have the meaning so assigned by the regulation.

s 4A (prev s 4 (1A)) renum 1997 No. 66 s 4 (6)

amd 1997 No. 66 s 4 (4); 1999 No. 42 s 54 (3) sch pt 3; 2007 No. 6 s 11

4BMembers of firm or partnership

For the purposes of this Act, in cases where a firm or partnership is the holder of a licence or permit, every member of that firm or partnership shall be deemed to be a holder of that licence or permit.

s 4B (prev s 4 (2)) renum 1997 No. 66 s 4 (6)

amd 1997 No. 66 s 4 (5)

4CWho is an appropriate person

(1AA)A person is not an appropriate person to hold or continue to hold a licence or certificate under this Act if—

(a)the person is an identified participant in a criminal organisation; or

(b)the person is a criminal organisation; or

(c)for a corporation—an executive officer of the corporation is an identified participant in a criminal organisation.

(1)Without limiting what the chief executive may take into account when deciding whether a person is an appropriate person to hold or continue to hold a licence or certificate under this Act, regard must be had to the following—

(a)the person’s criminal history and, if the person is a corporation, the criminal history of each of its executive officers;

(b)the person’s traffic history;

(c)the person’s conduct while performing activities under a licence or certificate;

(d)whether the person has been charged with or convicted of—

(i)an offence against this Act; or

(ii)a disqualifying offence;

(e)whether the person has held a licence or certificate that has been cancelled and, if so, why it was cancelled;

(f)whether the person holds a licence or certificate that has been or is suspended and, if so, why it was suspended;

(g)whether the person is capable of satisfactorily performing the activities authorised under a licence or certificate, including because of any known medical condition or physical or mental incapacity;

(h)whether the person is subject to a domestic violence order or an interstate order as defined in the Domestic and Family Violence Protection Act 2012 ;

(i)whether the person has been charged with or convicted of having committed an offence in another State or another country that, if committed in Queensland, would be an offence against the Weapons Act 1990 ;

(j)whether the person has been charged with or convicted of having committed an offence in another State or another country that, if committed in Queensland, would be an offence against the Drugs Misuse Act 1986 .

(2)In this section—

certificate means—

(a)an assistant’s certificate; or

(b)a driver’s certificate.

traffic history, of a person, see the Transport Operations (Road Use Management) Act 1995 , schedule 4.

s 4C ins 2004 No. 40 s 2C

amd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84, 86); 2007 No. 6 s 12 (1); 2008 No. 67 s 274; 2012 No. 5 s 230 sch 1 pt 2; 2013 No. 26 s 105 sch 1; 2013 No. 64 s 189

5Requirement as to licence for tow truck

A person must not personally, or by his or her servant or agent, operate a tow truck unless it is licensed and the person is the holder of the licence.

s 5 amd 1997 No. 66 s 5

6Application for licence

(1)An application for a licence shall be made to the chief executive and the applicant shall comply with all conditions prescribed by the regulations.

(2)The chief executive must consider any report of the police commissioner given under section 36 about the applicant or an executive officer of the applicant, and any other matter the chief executive considers relevant, and if the chief executive is satisfied that—

(a)the applicant is an appropriate person to hold a licence; and

(b)the motor vehicle or motor vehicles in respect of which the application is made and its or their equipment are suitable;

the chief executive may grant and issue to the applicant a licence.

s 6 amd 1990 No. 73 s 3 sch 5; 1991 No. 97 s 3 sch 1; 2004 No. 40 s 2D; 2007 No. 6 s 13; 2008 No. 67 s 275; 2013 No. 64 s 190

7Form and authority of licence

(1)A licence—

(a)shall authorise the operation of the tow truck or tow trucks in respect of which it is issued, subject always to this Act; and

(b)shall state the place from which the business of operating the tow truck or tow trucks in respect of which it is issued may be conducted; and

(c)may be renewed from time to time; and

(d)shall not be transferable.

(2)A licence shall not be issued or renewed unless the tow truck or tow trucks in respect of which the application is made is or are registered under a regulation under the Transport Operations (Road Use Management) Act 1995 .

s 7 amd 1991 No. 97 s 3 sch 1; 2002 No. 71 s 8; 2008 No. 31 s 72 sch

8Duration of licence

Unless sooner cancelled, suspended or surrendered, a licence shall subsist for a period of 12 months from and including the date of its grant or, as the case may be, its last renewal, and for the purpose of calculating the period of its duration a licence shall be deemed to have subsisted throughout any period for which it has in fact been suspended or is of no force or effect.

9Renewal of licence

(1)Upon application for a renewal of a licence made in accordance with the regulations and 2 weeks prior to the expiration of the period of duration of the licence and upon payment of the prescribed fee, the chief executive shall renew the licence if the chief executive is satisfied that the provisions of this Act applicable thereto have been complied with and the holder thereof continues to be an appropriate person to hold the licence.

(2)When deciding whether or not the holder continues to be an appropriate person to hold the licence, the chief executive must have regard to any report of the police commissioner given under section 36 about the holder or, if the holder is a corporation, any of the holder’s executive officers.

s 9 amd 1990 No. 73 s 3 sch 5; 2004 No. 40 s 2E; 2008 No. 67 s 276; 2013 No. 64 s 191

10Imposition of conditions of licence

The chief executive may upon the grant or renewal of a licence impose such conditions as the chief executive thinks fit by inserting in or affixing to the licence particulars of those conditions and may at any time and from time to time vary the conditions to which a licence is subject by written notice to the holder.

s 10 amd 1990 No. 73 s 3 sch 5; 1991 No. 97 s 3 sch 1

11Permits to tow motor vehicles

(1)The chief executive may upon application, payment of the prescribed fee and upon being satisfied as to the identity of the applicant for the permit issue a permit that authorises the holder thereof to tow motor vehicles by means of the tow truck specified therein pending the determination of an application for a licence.

(2)A permit issued pursuant to subsection (1)—

(a)shall, subject to this Act, be in force for such period not exceeding 6 months as the chief executive determines; and

(b)may be revoked by the chief executive at any time; and

(c)may be issued subject to all or any of the conditions to which a licence may be subject and to such other conditions as are specified in the permit.

s 11 amd 1990 No. 73 s 3 sch 5; 1991 No. 97 s 3 sch 1; 2008 No. 31 s 72 sch

12Conditions of licence

(1)Every licence shall be subject to the performance and observance by the holder thereof of the provisions of this Act with respect to the licence or to the tow truck or tow trucks to which the licence relates and of the conditions particularised in the licence or affixed thereto.

(2)Without limiting the generality of the provisions of subsection (1), each of the following is a condition of every licence—

(a)that any tow truck to which the licence relates and its equipment comply with the provisions of any Act relating to the design, construction and serviceability of the tow truck or, as the case may be, its equipment;

(b)that the provisions of any Act relating to limits of weight or speed that are applicable to any tow truck to which the licence relates are complied with;

(c)that the provisions of any Act relating to the limitation of hours of driving are observed;

(d)that the holder of the licence shall not operate any tow truck to which the licence relates unless it has been inspected as required under a regulation under the Transport Operations (Road Use Management) Act 1995 and there is a current certificate of inspection under that regulation for the vehicle;

(e)that a person shall not on a road tow a damaged or seized motor vehicle (not being a motor vehicle that is owned by the holder of the licence) by means of any tow truck to which the licence relates unless the person has obtained the consent of the owner thereof, the owner’s agent or an authorised officer to remove that motor vehicle and a duly signed towing authority relating to that motor vehicle dealt with as prescribed;

(f)that a person shall not obtain or attempt to obtain a signature on a form of towing authority unless there has first been entered on that form the full address of the place to which the motor vehicle the subject of the towing authority will be towed and, where any business is carried on in that place, the name of the business;

(g)that all reasonable precautions shall be taken by the holder of the licence and the driver of any tow truck to which the licence relates and any person employed thereon to prevent loss from, or damage to, a damaged or seized motor vehicle while being towed by the tow truck and that those precautions shall be taken by the holder of the licence while the motor vehicle is otherwise under his or her control;

(h)that the holder of a licence shall cause to be made an inventory of movable property (including any radio or sound production device) found to be in the damaged or seized vehicle at the time of its arrival at the place referred to in paragraph (f) to which it has been towed and shall keep at the premises from which the holder of the licence conducts his or her business an inventory so made;

(i)that a person shall not tow a damaged or seized motor vehicle from the scene of an incident or seizure by means of any tow truck to which the licence relates to a place other than the place referred to in paragraph (f);

(j)that where a motor vehicle has been towed to the place referred to in paragraph (f), a person shall not, except to return the motor vehicle to the registered owner thereof or the registered owner’s agent authorised in writing, remove the motor vehicle to another place without the written authority of that owner or agent given after the motor vehicle has been towed to the place from which it is to be removed;

(k)that where a damaged or seized motor vehicle has been towed to a place where it is under the control of the holder of the licence, a person shall not refuse to deliver the motor vehicle to the registered owner thereof or the registered owner’s agent duly authorised in writing on request by the owner or the owner’s agent after payment of reasonable charges for the towing and storing of the motor vehicle, and where repair work has been authorised by the owner or the owner’s agent, for that repair work, has been made or tendered;

(l)that a person other than the holder of a driver’s certificate or an assistant’s certificate shall not accompany the driver of any tow truck to which the licence relates while the tow truck is proceeding to the scene of an incident or seizure, or towing a damaged or seized motor vehicle from the scene of an incident or seizure, unless in either case the person was the owner or the owner’s agent or the driver of or a passenger in that motor vehicle;

(m)that a person shall not obtain or attempt to obtain at the scene of an incident or seizure authority for the towing of a damaged or seized motor vehicle by means of any tow truck to which the licence relates unless the person is the driver of the tow truck having the authority express or implied of the holder of the licence, his or her servants or agents;

(n)that the holder of the licence shall not, unless he or she is the holder of a driver’s certificate obtain or attempt to obtain any authority referred to in paragraph (e);

(o)that the driver of any tow truck to which the licence relates shall not (except to the extent necessary to connect the towing equipment of the tow truck to a damaged or seized motor vehicle in respect of which the driver has obtained a towing authority) permit the tow truck to stand upon a road so as to cause an obstruction or to stand at the scene of an incident or seizure for a period longer than that which would reasonably be required to obtain a towing authority in respect of a damaged or seized motor vehicle for which no towing authority has been given;

(p)that any tow truck to which the licence relates shall not be used to tow a damaged or seized motor vehicle while any person is travelling as a passenger in the damaged or seized motor vehicle;

(q)that the holder of the licence and any person employed by the holder of the licence on or in connection with the use of any tow truck to which the licence relates shall comply with the provisions of the Radiocommunications Act 1992 (Cwlth), and shall not permit or suffer any other person to contravene the provisions of that Act;

(r)that the holder of the licence shall not charge a sum other than a reasonable sum for the towing, salvage or storage of a motor vehicle.

s 12 amd 1985 No. 30 s 72; 1994 No. 87 s 3 sch 2; 1997 No. 66 s 6; 2002 No. 71 s 9; 2007 No. 36 s 2 sch

div hdg ins 2008 No. 71 s 8

13Required certificates etc.

A person must not—

(a)operate a tow truck unless the person is the holder of—

(i)a driver’s certificate; or

(ii)a permit under section 19 authorising the person to operate a tow truck; or

(b)be employed on or in connection with the use of a tow truck at or near the scene of an incident or seizure of a motor vehicle unless the person is the holder of—

(i)a driver’s certificate; or

(ii)an assistant’s certificate; or

(iii)a permit under section 19; or

(c)travel in a tow truck going to the scene of an incident or seizure of a motor vehicle unless the person—

(i)is the holder of—

(A)a driver’s certificate; or

(B)an assistant’s certificate; or

(C)a permit under section 19; or

(ii)is the owner of the motor vehicle or the owner’s agent; or

(iii)was the driver of, or a passenger in, the vehicle.

s 13 sub 1997 No. 66 s 7

14Application for driver’s or assistant’s certificate

(1)A person may apply to the chief executive for the grant of a driver’s certificate or an assistant’s certificate.

(2)The application must be made in accordance with a regulation.

s 14 amd 1990 No. 73 s 3 sch 5; 1991 No. 97 s 3 sch 1; 2004 No. 40 s 2F; 2007 No. 6 s 14; 2008 No. 67 s 277

sub 2008 No. 71 s 8A (amd 2010 No. 13 s 60)

14ADecision on application

(1)The chief executive must consider an application made under section 14 and do 1 of the following—

(a)grant the application;

(b)grant the application subject to conditions;

(c)refuse to grant the application.

(2)However, before deciding an application, the chief executive—

(a)must consider the matters prescribed under a regulation for this section; and

(b)may consider any other matter the chief executive considers relevant.

(3)Also, the chief executive must not grant the application if the chief executive is not satisfied the applicant is an appropriate person to hold a driver’s certificate or an assistant’s certificate.

s 14A ins 2008 No. 71 s 8A (amd 2010 No. 13 s 60)

amd 2015 No. 14 s 21

15Written notice of granting of certificate and of conditions or variations

(1)If the chief executive grants the application, the chief executive must give the applicant written notice—

(a)that the person has been granted a driver’s certificate or an assistant’s certificate; and

(b)of any condition imposed on the certificate.

Note—

Under section 21A, the certificate may be cancelled or suspended if the holder of the certificate contravenes a condition.

(2)The chief executive may, by written notice given to the holder of a driver’s certificate or assistant’s certificate, vary a condition to which the certificate is subject.

s 15 amd 1991 No. 97 s 3 sch 1; 1997 No. 66 s 8; 2007 No. 36 s 2 sch

sub 2008 No. 71 s 8A (amd 2010 No. 13 s 60)

16What driver’s or assistant’s certificate authorises

(1)A driver’s certificate (driver’s certificate) authorises the holder of the certificate to operate a tow truck.

(2)An assistant’s certificate (assistant’s certificate) authorises the holder of the certificate to be employed on or in connection with a tow truck.

s 16 amd 1990 No. 73 s 3 sch 5; 1991 No. 97 s 3 sch 1

sub 2008 No. 71 s 8A (amd 2010 No. 13 s 60)

17Term of driver’s or assistant’s certificate

(1)A driver’s certificate or assistant’s certificate is granted for the term, stated in the written notice given under section 15 for the certificate, of not longer than 5 years.

(2)However, a driver’s certificate or assistant’s certificate may be renewed for successive terms of not longer than 5 years.

s 17 amd 1990 No. 73 s 3 sch 5; 2004 No. 40 s 2G; 2008 No. 67 s 278

sub 2008 No. 71 s 8A (amd 2010 No. 13 s 60)

17ARenewal of driver’s or assistant’s certificate

(1)The holder of a driver’s certificate or assistant’s certificate may apply for its renewal to the chief executive.

(2)The application may be made no sooner than 2 weeks before the certificate expires.

(3)Sections 14 to 17 apply to an application for renewal of a driver’s certificate or assistant’s certificate in the same way as they apply to an application for a driver’s certificate or assistant’s certificate.

s 17A ins 2008 No. 71 s 8A (amd 2010 No. 13 s 60)

18Driver’s certificate dependent on driver licence

(1)This section applies if—

(a)the driver licence held by the holder of a driver’s certificate is suspended or cancelled; or

(b)the holder surrenders the licence.

(2)The driver’s certificate—

(a)if the licence is suspended—is automatically suspended on the day the licence is suspended and is of no effect while the licence is suspended; or

(b)if the licence is cancelled or surrendered—is automatically cancelled on the day the licence is cancelled or surrendered.

s 18 amd 1990 No. 73 s 3 sch 5; 1999 No. 42 s 54 (3) sch pt 3

sub 2008 No. 71 s 8A (amd 2010 No. 13 s 60)

19Permit for applicant for driver’s or assistant’s certificate

(1)The chief executive may, upon application and payment of the prescribed fee and upon the chief executive being satisfied as to the identity of the applicant for the permit, grant the applicant a permit that authorises the holder thereof to operate or as the case requires be employed on or in connection with the use of a tow truck pending the determination of an application for a driver’s certificate or assistant’s certificate.

(2)A permit granted under subsection (1)—

(a)shall, subject to this Act, be in force for such period not exceeding 6 months as the chief executive determines; and

(b)may be revoked by the chief executive at any time; and

(c)may be granted subject to all or any of the conditions to which a driver’s certificate or an assistant’s certificate may be subject and to such other conditions as are specified in the permit.

s 19 amd 1990 No. 73 s 3 sch 5; 1991 No. 97 s 3 sch 1; 1997 No. 66 s 9; 2007 No. 36 s 2 sch; 2008 No. 71 s 8B (amd 2010 No. 13 s 60)

div hdg ins 2008 No. 71 s 9

19HRestricted written release of information

(1)The chief executive may release, in writing, information kept under this Act about a person’s driver’s certificate or assistant’s certificate to—

(a)on receiving an application in the approved form—

(i)the person; or

(ii)with the person’s written consent—another entity; or

(b)the police commissioner for the purpose of any function of the police commissioner or any function of the police service.

(2)Also, the chief executive may release, in writing, to an entity information kept under this Act about a person’s driver’s certificate or assistant’s certificate if—

(a)the person produces a document evidencing the certificate to the entity as proof of the person’s identity; and

(b)the entity applies in the approved form for the information; and

(c)the information is necessary to verify the validity of the certificate.

(3)An application mentioned in subsection (1) (a) or (2) (b) may be made by electronic communication.

s 19H ins 2008 No. 71 s 9

amd 2010 No. 13 s 61 (5); 2011 No. 12 s 24 ; 2013 No. 64 s 192; 2015 No. 14 s 23

19IRestricted oral release of particular information

(1)The chief executive may orally release, to a person, information kept under this Act about the person’s driver’s certificate or assistant’s certificate.

(2)However, subsection (1) applies only if the chief executive is satisfied that the person is the person to whom the information relates.

Example for subsection (2)—

The chief executive may be satisfied as required under subsection (2) if the person correctly answers a series of questions, or produces a document, for identifying the person.

s 19I ins 2011 No. 12 s 25

pt hdg sub 2004 No. 40 s 2H

div hdg ins 2004 No. 40 s 2H

20Definitions for pt 4

In this part—

authority means—

(a)an assistant’s certificate; or

(b)a driver’s certificate; or

(c)a licence.

authority holder means a person to whom an authority granted under this Act is issued.

s 20 amd 1990 No. 73 s 3 sch 5

sub 2004 No. 40 s 2H

21Consideration of public interest for pt 4

(1)When considering whether it is in the public interest to cancel, suspend or immediately suspend an authority holder’s authority, regard must be had to the following—

(a)the need to ensure that the reputation of the tow truck industry is not affected by the involvement in the industry of persons likely to adversely affect the industry’s reputation;

(b)the legitimate expectation members of the public, particularly vulnerable members of the public, have that they will not be subject to assaults or aggressive, coercive or otherwise inappropriate behaviour from persons involved in the tow truck industry.

Examples for subsection (1)—

1It may be in the public interest to cancel or suspend, or if authorised under section 21B, immediately suspend a tow truck driver’s or an operator’s authority because the person is charged with possessing a weapon in contravention of the Weapons Act 1990 or a dangerous drug in contravention of the Drugs Misuse Act 1986 and the offence was committed while performing activities under the authority.

2It may be in the public interest to cancel or suspend, or if authorised under section 21B, immediately suspend a tow truck driver’s or an operator’s authority because the person is charged with a number of offences of obstructing a police officer in the performance of the officer’s duties and the alleged offences happened while the person was not performing activities under the authority.

3It may be in the public interest to cancel or suspend, or if authorised under section 21B, immediately suspend a tow truck driver’s authority if the driver assaults a person at a crash scene.

(2) Subsection (1) does not limit what may be considered in deciding the public interest for the purposes of this Act.

s 21 amd 1990 No. 73 s 3 sch 5; 2001 No. 79 s 15

sub 2004 No. 40 s 2H

div hdg ins 2004 No. 40 s 2H

amd 2013 No. 64 s 193

sdiv hdg ins 2013 No. 64 s 194

21AAImmediate cancellation—identified participant or criminal organisation

(1)The chief executive must cancel an authority holder’s authority if, after the authority is granted, the chief executive is advised by the police commissioner that the authority holder is—

(a)an identified participant in a criminal organisation; or

(b)a criminal organisation.

(2)Immediately after cancelling the authority, the chief executive must give the authority holder a QCAT information notice for the decision to cancel the authority.

(3)The Acts Interpretation Act 1954 , section 27B does not apply to the QCAT information notice.

(4)The cancellation takes effect on the day the QCAT information notice is given to the authority holder.

(5)Subdivision 2 does not apply to the cancellation of an authority under this section.

s 21AA ins 2013 No. 64 s 194

sdiv hdg ins 2013 No. 64 s 194

21ACancellation or suspension of authorities

The chief executive may cancel or suspend an authority holder’s authority under section 21D on any of the following grounds—

(a)the authority—

(i)was issued in error; or

(ii)was granted or renewed because of a false or fraudulent document, statement or representation;

(b)the authority holder—

(i)is convicted of an offence against this Act; or

(ii)has, since the issue of the authority, been charged with or convicted of a disqualifying offence; or

(iii)contravenes a condition of the authority; or

(iv)stops being a tow truck operator, driver or assistant;

(c)for an authority holder that is a corporation—an executive officer of the holder is or has been—

(i)convicted of an offence against this Act; or

(ii)charged with or convicted of a disqualifying offence;

(ca)for an authority holder that is a corporation—the chief executive is advised by the police commissioner that an executive officer of the holder is an identified participant in a criminal organisation;

(d)the authority holder can not properly drive the class of motor vehicle stated in the authority because of a medical condition, or physical or mental incapacity;

(e)the motor vehicle stated in the authority is no longer suitable for use under the authority;

(f)the authority holder has given false or misleading information to—

(i)an authorised officer; or

(ii)an authorised officer under the Heavy Vehicle National Law (Queensland);

(g)public safety has been endangered, or is likely to be endangered, because of the authority holder’s conduct;

(h)having regard to the conduct of the authority holder, when performing activities under the authority or at any other time, the chief executive believes, on reasonable grounds—

(i)the person is no longer an appropriate person to hold an authority; or

(ii)it is in the public interest to cancel or suspend the authority.

s 21A ins 2004 No. 40 s 2H

amd 2008 No. 67 s 279; 2013 No. 26 s 105 sch 1; 2013 No. 64 s 195

21BImmediate suspension of authority

(1)Despite section 21D, the chief executive may immediately suspend an authority holder’s authority by written notice given to the authority holder on any of the following grounds—

(a)public safety has been endangered, or is likely to be endangered, because of the authority holder’s conduct and the authority should be immediately suspended;

(b)having regard to the conduct of the authority holder, when performing activities under the authority or at any other time, the chief executive believes, on reasonable grounds—

(i)the person is no longer an appropriate person to hold an authority and the authority should be immediately suspended; or

(ii)it is in the public interest to immediately suspend the authority;

(c)for an authority holder that is a corporation—

(i)the chief executive is advised by the police commissioner that an executive officer of the authority holder is an identified participant in a criminal organisation; and

(ii)the chief executive believes on reasonable grounds that—

(A)public safety has been endangered, or is likely to be endangered, because of the executive officer’s conduct in relation to the authority and the authority should be immediately suspended; or

(B)it is in the public interest to immediately suspend the authority.

(2)Without limiting the chief executive’s powers under subsection (1), it is enough to immediately suspend an authority holder’s authority if—

(a)a person complains to a police officer about the conduct of the authority holder and, having regard to the nature of the complaint, the chief executive believes, on reasonable grounds, the conduct complained of justifies taking action under subsection (1); or

(b)having regard to statements or other information about the conduct of the authority holder given to the chief executive, the chief executive believes, on reasonable grounds, the statements or other information justifies taking action under subsection (1).

(3)If the chief executive immediately suspends the authority, the suspension has effect under this section until the earlier of the following—

(a)the chief executive informs the authority holder of the chief executive’s decision under section 21D (4);

(b)the end of 56 days after the notice is given to the authority holder or the end of any further period or periods by which the suspension is extended under subsection (5).

(4)The notice of immediate suspension must state—

(a)the reasons for the decision; and

(b)the general effect of subsection (3); and

(c)the prescribed review information for the decision, unless the authority holder is a corporation and the decision is made because the chief executive is advised by the police commissioner that an executive officer of the corporation is an identified participant in a criminal organisation.

Note—

See also section 27A.

(5)The chief executive may extend the period for which an authority is suspended under subsection (1) for a further period or periods of not more than 56 days on each occasion.

(6)However, in deciding whether to extend or further extend the period of the suspension of an authority holder’s authority, the chief executive must have regard to—

(a)the information that was available to the chief executive when the chief executive first suspended the authority under subsection (1); and

(b)any further information relevant to the suspension that is in the chief executive’s possession or of which the chief executive has since become aware; and

(c)whether in all the circumstances it is appropriate that the suspension be further extended.

s 21B ins 2004 No. 40 s 2H

amd 2009 No. 24 s 1705; 2013 No. 64 s 196

21CFurther action after immediate suspension

(1)This section applies if—

(a)under section 21B, the chief executive immediately suspends an authority; and

(b)the chief executive also proposes to take proposed action under section 21D.

(2)The notice under section 21B must also—

(a)state the information mentioned in section 21D (3) (a), (b) and (c) in relation to the proposed action; and

(b)if the proposed action is suspension of the authority—state the proposed suspension period; and

(c)invite the person to show cause in writing, within a stated time of at least 28 days, why the proposed action should not be taken.

(3) Section 21D (4) to (6) applies to the proposed action as if the notice had been given under section 21D (3).

(4)Despite subsection (3), section 21D (4) (a) (i) or (b)(ii) does not limit the chief executive’s powers to extend the period of suspension under section 21B (5).

s 21C ins 2004 No. 40 s 2H

21DAmending, suspending or cancelling authority

(1)This section applies if the chief executive considers a ground exists under section 21A to suspend or cancel an authority holder’s authority.

(2)However, this section does not apply if section 21E applies.

(3)Before taking action to suspend or cancel the authority (the proposed action), the chief executive must give the authority holder a written notice—

(a)stating the proposed action; and

(b)stating the grounds for the proposed action; and

(c)outlining the facts and circumstances forming the basis for the grounds; and

(d)if the proposed action is suspension of the authority—stating the proposed suspension period; and

(e)inviting the person to show cause in writing, within a stated time of at least 28 days, why the proposed action should not be taken.

(4)If, after considering all written representations made within the stated time, the chief executive still considers a ground exists to take the proposed action, the chief executive may—

(a)if the proposed action was to suspend the authority—

(i)suspend the authority for no longer than the period stated in the notice; or

(ii)amend the authority in the way the chief executive considers appropriate; or

(b)if the proposed action was to cancel the authority—

(i)cancel the authority; or

(ii)suspend the authority for a period; or

(iii)amend the authority in the way the chief executive considers appropriate.

(5)However, if the proposed action relates to a matter that is the subject of a proceeding before a court that has not been finally decided, the chief executive—

(a)need not make a decision under subsection (4) until the proceeding is finally decided; but

(b)must make the decision as soon as reasonably practicable after the proceeding is finally decided.

(6)The chief executive must inform the person of the decision under subsection (4) by written notice.

(7)If the chief executive decides to take action under subsection (4), the notice must state—

(a)the reasons for the decision; and

(b)the prescribed review information for the decision, unless the authority holder is a corporation and the decision is made because the chief executive is advised by the police commissioner that an executive officer of the corporation is an identified participant in a criminal organisation.

Note—

See also section 27A.

s 21D ins 2004 No. 40 s 2H

amd 2009 No. 24 s 1706; 2013 No. 64 s 197

21EOther amendments of authorities

(1)This section applies only if the chief executive proposes to amend an authority holder’s authority—

(a)for a formal or clerical reason; or

(b)in another way that does not adversely affect the person’s interests; or

(c)if the person asks.

(2)The chief executive may make amendments of a type mentioned in subsection (1) by written notice given to the authority holder.

s 21E ins 2004 No. 40 s 2H

21FSurrender of authority on authority holder’s request

(1)An authority holder may surrender the authority holder’s authority by giving the chief executive written notice of the surrender.

(1A)The notice must be accompanied by any document evidencing the authority.

Example—

If the person holds a driver’s certificate and has been given a smartcard certificate, the person must return the smartcard certificate with the notice of surrender.

(2)On the surrender day, the authority stops having effect.

(3)In this section—

surrender day, for a surrendered authority, means—

(a)the day stated in the notice of surrender as the day the surrender takes effect; or

(b)if no day is stated in the notice, the day the chief executive receives the notice.

s 21F ins 2004 No. 40 s 2H

amd 2008 No. 71 s 9A (amd 2010 No. 13 s 62)

sdiv hdg ins 2013 No. 64 s 198

21GDelivery of cancelled or suspended authority

If the chief executive cancels or suspends an authority under this division, the authority holder must deliver any document evidencing the authority to the chief executive within the time specified by the chief executive in the QCAT information notice for the decision to cancel or suspend the authority or the notice of cancellation or suspension.

Maximum penalty—20 penalty units.

s 21G ins 2004 No. 40 s 2H

amd 2008 No. 71 s 9B (amd 2010 No. 13 s 62); 2013 No. 64 s 199

div hdg ins 2004 No. 40 s 2H

21HRecords

The chief executive must keep the records the chief executive considers appropriate about the following in the way the chief executive considers appropriate—

(a)applications for the grant of authorities and permits;

(b)the grant, refusal, cancellation or suspension of authorities;

(c)the revocation of permits.

s 21H ins 2004 No. 40 s 2H

22Authority to repair

A person—

(a)shall not at the scene of an incident obtain or attempt to obtain authority from another person for the repair of a damaged motor vehicle; or

(b)shall not, where a damaged motor vehicle is towed by a tow truck, obtain or attempt to obtain from another person authority for the repair of the motor vehicle before it is delivered to the address entered on the towing authority relating to the motor vehicle.

23Consideration for obtaining certain information or work

(1)A person—

(a)shall not for the purpose of obtaining a towing authority or enabling any other person to obtain a towing authority, give or receive or agree to give or receive any valuable thing in consideration of the furnishing of information or advice about—

(i)the occurrence of an incident or seizure; or

(ii)the presence of—

(A)a damaged motor vehicle on a road; or

(B)a seized motor vehicle on a road that is an off-street regulated parking area for which there is an arrangement mentioned in the Transport Operations (Road Use Management) Act 1995 , section 104; or

(b)shall not give or agree or offer to give any valuable thing in consideration of the obtaining for himself or herself or any other person of the work of repairing a damaged motor vehicle; or

(c)shall not receive or agree or offer to receive any valuable thing in consideration of the obtaining from any other person of the work of repairing a damaged motor vehicle.

(2)In this section—

valuable thing includes any money, loan, office, place, employment, benefit or advantage and any commission or rebate payment in excess of actual value of goods or service, deduction or percentage, bonus or discount or any forbearance to demand any money or money’s worth or valuable thing, but does not include any reasonable charge in respect of the towing, salvage or storage of a damaged motor vehicle or the towing or storage of a seized motor vehicle.

s 23 amd 1997 No. 66 s 10; 1999 No. 42 s 54 (3) sch pt 3

24False statements and representations, and coercion

A person shall not—

(a)knowingly make any false statement in any application under this Act; or

(b)falsely advertise himself or herself or hold himself or herself out as being the holder of a licence, certificate or permit under this Act, or suffer or allow any such advertisement or holding out; or

(c)falsely represent to any person that a vehicle is a tow truck to which a licence under this Act relates; or

(d)obtain or attempt to obtain by force or undue influence a consent to remove a damaged or seized motor vehicle or a signature on a towing authority.

s 24 amd 1997 No. 66 s 11; 2007 No. 36 s 2 sch

25Offences with respect to authorised officers

A person shall not—

(a)assault, resist or obstruct an authorised officer in the exercise of his or her powers or in the discharge of his or her duties under this Act, or attempt so to do; or

(b)fail to facilitate by all reasonable means the entry into or on premises from which a tow truck operator conducts his or her business, or vehicle by an authorised officer; or

(c)fail to answer any question put to the person in pursuance of this Act by an authorised officer or give to any such question an answer that is in any respect false or misleading; or

(d)fail to comply with the lawful requisition or any part of the lawful requisition of an authorised officer; or

(e)when required by or under this Act to furnish any assistance or to furnish any information to an authorised officer, fail to furnish that assistance or information, as the case may be, or, in the latter case, furnish information that is in any respect false or misleading; or

(f)fail, without reasonable excuse, the proof whereof shall lie upon the person, to produce any licence, certificate or permit, or book, notice, record, document or writing that the person is required under this Act by an authorised officer to produce or fail to allow an authorised officer to take a copy of or extract from any such licence, certificate or permit, book, notice, record, document or writing; or

(g)directly or indirectly prevent any person from appearing before or being questioned by an authorised officer, or attempt so to do; or

(h)use any threat or any abusive or insulting language to an authorised officer or to any other person with respect to any inspection, examination or interrogation.

26Excess of authority

A person shall not operate a tow truck otherwise than in conformity with the authority conferred by a licence relating to that tow truck.

s 26 amd 1989 No. 103 s 3 sch

27Execution against motor vehicle

(1)Any warrant of execution for the amount of any penalty for an offence against section 5 or 26 may be executed by seizure and sale of the goods and chattels of the offender and, where the motor vehicle in respect of which the offence was committed is not the sole and absolute property of the offender, by seizure and sale of that motor vehicle as if it were the sole and absolute property of the offender.

(1A)Where the motor vehicle in respect of which the offence was committed comprised a trailer attached to a motor vehicle the warrant may be executed by seizure and sale of the trailer or the motor vehicle to which it was attached, or both of them.

(2)If it appears to the person to whom the warrant is directed that the motor vehicle is not, at the time of its seizure, the sole and absolute property of the offender, such person shall pay the whole of the proceeds of the sale of the motor vehicle to the clerk of the court to whom the warrant orders the person to pay the amount to be levied thereunder.

(2A)So much of such proceeds as exceeds the amount ordered to be levied and the costs and charges of the execution shall be deemed to have come into the custody of the clerk of the court in connection with the proceedings in respect of the offence.

(3)Any justice shall, upon the application of the chief executive or a person acting under the general or particular authority of the chief executive, issue a warrant of execution for any amount that has not been paid of any penalty for an offence against section 5 or 26.

(3A)Notwithstanding the provisions of the Justices Act 1886 a justice—

(a)shall not postpone the issue of the warrant of execution; and

(b)shall issue the warrant of execution notwithstanding that the decision adjudging the penalty made no provision for the levy thereof by distress or execution, or directed that in default of payment thereof forthwith or within a time allowed the offender should be imprisoned.

(4)This section does not authorise the execution of a warrant for recovery of any amount of penalty for an offence against section 5 or 26—

(a)before the expiration of the time (if any) for payment of the penalty allowed by the justices adjudging the penalty as part of their decision; or

(b)after the offender has been imprisoned for default in paying the penalty.

(5)In this section—

penalty includes any costs or fees which the justices adjudging the penalty ordered, as part of their decision, to be paid.

s 27 amd 1990 No. 73 s 3 sch 5; 2007 No. 36 s 2 sch

pt hdg sub 2001 No. 79 s 16

amd 2009 No. 24 s 1707

sub 2013 No. 64 s 200

div hdg ins 2013 No. 64 s 200

27ARequirement to give QCAT information notice for particular decisions mentioned in sch 1

(1)This section applies if a decision mentioned in schedule 1 is made and, in making the decision, the chief executive was advised by the police commissioner that—

(a)the person is an identified participant in a criminal organisation; or

(b)the person is a criminal organisation; or

(c)for a corporation—an executive officer of the corporation is an identified participant in a criminal organisation.

(2)The chief executive must give a person whose interests are affected by the decision a QCAT information notice for the decision.

(3)The Acts Interpretation Act 1954 , section 27B does not apply to the QCAT information notice.

s 27A ins 2013 No. 64 s 201

28Internal review of decisions

(1)This section applies to a person whose interests are affected by a decision mentioned in schedule 1, except if the chief executive is required under section 27A to give the person a QCAT information notice for the decision.

(2)The person may ask the chief executive to review the decision.

(3)The person is entitled to receive a statement of reasons for the decision whether or not the provision under which the decision is made requires that the person be given a statement of reasons for the decision.

(4)The Transport Planning and Coordination Act 1994 , part 5, division 2—

(a)applies to the review; and

(b)provides—

(i)for the procedure for applying for the review and the way it is to be carried out; and

(ii)that the person may apply to QCAT to have the original decision stayed; and

(iii)for the person to be given a QCAT information notice if the decision on the review is not the decision sought by the person.

s 28 amd 1990 No. 73 s 3 sch 5

sub 2001 No. 79 s 16

amd 2007 No. 6 s 15

sub 2009 No. 24 s 1708

amd 2013 No. 64 s 202

29Review of decisions by QCAT

(1)This section applies to a person who has been given a QCAT information notice for—

(a)a decision mentioned in schedule 1; or

(b)a decision to immediately cancel an authority under section 21AA; or

(c)a decision on a review under section 28 of a decision mentioned in schedule 1.

(2)The person may apply, as provided under the QCAT Act, to QCAT for a review of the decision.

(3)Despite the QCAT Act, section 22 (3), QCAT may not stay the operation of a decision made as a result of advice given by the police commissioner that—

(a)a person is an identified participant in a criminal organisation; or

(b)a person is a criminal organisation; or

(c)for a corporation—an executive officer of the corporation is an identified participant in a criminal organisation.

s 29 prev s 29 amd 1990 No. 73 s 3 sch 5

om 2001 No. 79 s 16

pres s 29 ins 2009 No. 24 s 1708

sub 2013 No. 64 s 203

div hdg ins 2013 No. 64 s 203

30Confidentiality of criminal intelligence in proceedings

(1)This section applies if—

(a)a person seeks review of any of the following decisions made by the chief executive—

(i)a decision mentioned in schedule 1;

(ii)a decision to immediately cancel an authority under section 21AA; and

(b)the decision was made as a result of advice given by the police commissioner that—

(i)the person is an identified participant in a criminal organisation; or

(ii)the person is a criminal organisation; or

(iii)for a corporation—an executive officer of the corporation is an identified participant in a criminal organisation.

(2)For a proceeding relating to an application for review of the decision in QCAT or a proceeding about the decision in the Supreme Court—

(a)the police commissioner is a party to the proceeding; and

(b)the police commissioner must give QCAT or the Supreme Court a statement of reasons about—

(i)the identification of the person by the police commissioner as an identified participant in a criminal organisation or as a criminal organisation; or

(ii)for a corporation—the identification of an executive officer of the corporation by the police commissioner as an identified participant in a criminal organisation.

(3)For a proceeding mentioned in subsection (2), QCAT or the Supreme Court may review the identification by the police commissioner of—

(a)the person as—

(i)an identified participant in a criminal organisation; or

(ii)a criminal organisation; or

(b)for a corporation—an executive officer of the corporation as an identified participant in a criminal organisation.

(4)For a proceeding mentioned in subsection (2), QCAT or the Supreme Court may, as it considers appropriate to protect the confidentiality of criminal intelligence—

(a)receive evidence and hear argument about the criminal intelligence in the absence of parties to the proceeding and their representatives; and

(b)take evidence consisting of criminal intelligence by way of affidavit of a police officer of at least the rank of superintendent.

(5)If QCAT or the Supreme Court considers information has been incorrectly categorised by the police commissioner as criminal intelligence, the police commissioner may withdraw the information from consideration by QCAT or the court.

(6)Information that is withdrawn under subsection (5) by the police commissioner must not be—

(a)disclosed by any person; or

(b)taken into consideration by QCAT or the Supreme Court.

(7)In this section—

criminal intelligence means—

(a)advice given by the police commissioner to the chief executive under section 36AA that a person is—

(i)an identified participant in a criminal organisation; or

(ii)a criminal organisation; and

(b)information held by the police commissioner that is relevant to whether—

(i)the person is an identified participant in a criminal organisation; or

(ii)the person is a criminal organisation.

s 30 prev s 30 amd 1990 No. 73 s 3 sch 5

om 2001 No. 79 s 16

pres s 30 ins 2013 No. 64 s 203

31Application of Judicial Review Act 1991

(1)The Judicial Review Act 1991 , part 4 does not apply to a decision of the chief executive mentioned in section 30 (1).

(2)Subject to this part, unless the Supreme Court decides that a decision of the chief executive mentioned in section 30 (1) is affected by jurisdictional error, the decision—

(a)is final and conclusive; and

(b)can not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, or another court, a tribunal or another entity); and

(c)is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.

(3)The Judicial Review Act 1991 , part 5 applies to a decision mentioned in subsection (2) to the extent it is affected by jurisdictional error.

s 31 prev s 31 amd 1990 No. 73 s 3 sch 5; 1991 No. 97 s 3 sch 1

om 2001 No. 79 s 16

pres s 31 ins 2013 No. 64 s 203

34Smartcard certificate is property of the State

(1)A smartcard certificate is and remains the property of the State.

(2) Subsection (1) applies even though a person other than the State—

(a)has the right to use information that is on the smartcard certificate or stored electronically on it; or

(b)has the right to have information stored on the smartcard certificate.

(3)The State is not legally liable for an act or omission relating to the keeping or use of the smartcard certificate.

s 34 prev s 34 amd 1990 No. 73 s 3 sch 5

om 2001 No. 79 s 16

pres s 34 ins 2008 No. 71 s 9C (amd 2010 No. 13 s 62)

35Production of document evidencing licence, certificate or permit to authorised officer

The holder of a licence, driver’s certificate, assistant’s certificate or permit must, if asked by an authorised officer, produce to the officer the document evidencing the licence, certificate or permit.

s 35 sub 2008 No. 71 s 9D (amd 2010 No. 13 s 62)

35AProduction of document evidencing driver’s certificate or permit before commencing a tow

(1)This section applies if the driver of a tow truck makes an offer or intends to make an offer to tow a damaged motor vehicle by means of a tow truck.

(2)The driver must, either before or when making the offer to tow the motor vehicle, produce the document evidencing the driver’s certificate or permit held by the driver for inspection by the person to whom the offer is made or intended to be made.

(3)This section applies whether or not the person to whom the offer is made or intended to be made asks the driver to produce the document.

s 35A ins 2008 No. 71 s 9D (amd 2010 No. 13 s 62)

36Chief executive may obtain information from police commissioner—criminal history

(1)The chief executive may ask the police commissioner for a written report about a person’s criminal history to help in deciding whether—

(a)the person is an appropriate person to hold, or continue to hold, a licence or certificate under this Act; or

(b)a corporation of which the person is an executive officer is an appropriate person to hold, or continue to hold, a licence under this Act.

(2)For subsection (1), the chief executive’s request may include the following information—

(a)the person’s name and any other name the chief executive believes the person may use or may have used;

(b)the person’s sex and date and place of birth;

(c)details of the person’s driver licence under the Transport Operations (Road Use Management) Act 1995 ;

(d)details of the person’s licence or certificate under this Act.

(3)If asked by the chief executive, the police commissioner must give the chief executive a written report about the person’s criminal history.

(4) Subsection (3) applies to the criminal history in the police commissioner’s possession or to which the police commissioner has access.

s 36 prev s 36 amd 1990 No. 73 s 3 sch 5

om 1995 No. 57 ss 1–2, 4 sch 1

pres s 36 ins 2007 No. 6 s 16

sub 2008 No. 67 s 280

amd 2013 No. 64 s 204

36ANotice of change in police information about a person—criminal history

(1)This section applies if—

(a)the police commissioner reasonably suspects a person is—

(i)the holder of a licence or certificate under this Act; or

(ii)an executive officer of a corporation that is the holder of a licence under this Act; and

(b)the person’s criminal history changes.

(2)The police commissioner may notify the chief executive that the person’s criminal history has changed.

(3)The police commissioner’s notice to the chief executive must state the following—

(a)the person’s name and any other name the police commissioner believes the person may use or may have used;

(b)the person’s gender and date and place of birth;

(c)whether the change is—

(i)a charge made against the person for an offence; or

(ii)a conviction of the person;

(d)details of the charge or conviction.

s 36A ins 2007 No. 6 s 16

amd 2008 No. 67 s 281; 2013 No. 64 s 205

36AARequesting and using police commissioner’s advice—identified participants and criminal organisations

(1)If a person applies for an authority, or the renewal of an authority, the chief executive must ask the police commissioner whether—

(a)the person is—

(i)an identified participant in a criminal organisation; or

(ii)a criminal organisation; or

(b)if the person is a corporation—an executive officer of the person is an identified participant in a criminal organisation.

(2)Also, the chief executive may ask the police commissioner whether—

(a)the holder of an authority is—

(i)an identified participant in a criminal organisation; or

(ii)a criminal organisation; or

(b)if the holder is a corporation—an executive officer of the holder is an identified participant in a criminal organisation.

(3)The police commissioner must comply with the chief executive’s request under subsection (1) or (2).

(4)The chief executive may use the advice given by the police commissioner only for making a decision—

(a)as to whether the person is an appropriate person to hold or continue to hold an authority under this Act; or

(b)to cancel or suspend an authority under part 4, division 2.

(5)In this section—

authority means—

(a)an assistant’s certificate; or

(b)a driver’s certificate; or

(c)a licence.

s 36AA ins 2013 No. 64 s 206

36BChief executive may enter into arrangement about giving and receiving information with police commissioner

(1)This section applies only to the extent another provision of this Act allows the chief executive to give information to the police commissioner or the police commissioner to give information to the chief executive.

(2)The chief executive and the police commissioner may enter into a written arrangement by which the information is given or received.

(3)Without limiting subsection (2), the arrangement may provide for the electronic transfer of information, including on a daily basis.

(4)However, if information is to be electronically transferred and, under this Act, there is a limitation on who may access the information or the purposes for which the information may be used, the arrangement must provide for the limitation.

(5)In this section—

information includes advice given by the police commissioner under section 36AA.

s 36B ins 2007 No. 6 s 16

amd 2013 No. 64 s 207

36CConfidentiality

(1)A person must not disclose, record or use information the person gained—

(a)through involvement in the administration of this Act; or

(b)because of an opportunity provided by the involvement.

Maximum penalty—200 penalty units.

(2)However, a person may disclose, record or use the information—

(a)in the discharge of a function under this Act; or

(b)if it is authorised—

(i)under another Act or a regulation; or

(ii)by the person to whom the information relates; or

(c)in a proceeding before a court or tribunal in which the information is relevant.

(3)In this section—

disclose information means—

(a)intentionally or recklessly disclose the information; or

(b)allow access to the information.

information includes a digital photo and digitised signature.

s 36C ins 2007 No. 6 s 16

amd 2008 No. 71 s 10

37Evidentiary provisions

(1)A certificate purporting to be signed by the person having custody of the records kept pursuant to section 21H certifying that on any date or during any period specified in the certificate the particulars set forth in the certificate as to any of the matters specified in section 21H did or did not appear in or from those records shall upon its production in any proceeding be admissible as evidence and in the absence of evidence to the contrary conclusive evidence of the matters contained in the certificate.

(2)A document purporting to be a report furnished to the chief executive for the purposes of this Act in relation to any applicant, holder of a licence, certificate or permit and relevant to the matter of inquiry shall upon its production in an appeal against the chief executive’s decision, be admissible as evidence of the matters contained therein.

s 37 amd 1990 No. 73 s 3 sch 5; 2004 No. 40 s 2I

38Exemptions

(1)Where pursuant to the regulations, exemption or conditional exemption from compliance with all or any of the provisions of this Act is granted, the provisions in respect of which the exemption or conditional exemption is granted shall, while the exemption or conditional exemption remains in force, cease to apply to the extent provided by the regulations subject, in the case of a conditional exemption, to the conditions imposed.

(2)However, even though a person is exempt under a regulation from stated provisions of this Act, a regulation made under section 43 for the purposes of the Police Powers and Responsibilities Act 2000 , chapter 4, 4A, 5 or 22 applies to the person.

s 38 amd 2002 No. 33 s 15; 2005 No. 64 s 30; 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84, 86); 2006 No. 57 s 51; 2013 No. 45 s 68

39Service of documents

A notice or other document required by this Act to be given by the chief executive to any person may be given—

(a)by serving it personally on the person to whom it is directed; or

(b)by leaving it at the address of the place of residence of the person to whom it is directed last known to the person by whom it is required to be given; or

(c)by prepaid post letter addressed to the person to whom it is directed at the address of the place of the person’s residence last known to the person by whom it is required to be given.

s 39 amd 1990 No. 73 s 3 sch 5; 2007 No. 36 s 2 sch

40Offences generally and penalty

(1)A person who contravenes or fails to comply with any provision of this Act commits an offence against this Act.

(2)Where in relation to a condition of a licence referred to in section 12 (2) (e) to (p) a person—

(a)does that which by the condition the person is forbidden to do; or

(b)fails to do that which by the condition the person is required or directed to do;

the person and, where the person is not the holder of the licence, the holder of the licence commits an offence against this Act.

(3)Save where a specific penalty is otherwise prescribed a person who commits an offence against this Act is liable to a penalty of 40 penalty units.

(4)A penalty imposed by this Act may be recovered by way of summary proceedings before a Magistrates Court constituted under the Justices Act 1886 .

(5)A court before which a person is convicted of an offence against this Act shall cause particulars of the conviction to be furnished to the chief executive.

s 40 amd 1990 No. 73 s 3 sch 5; 1997 No. 66 s 12

42Indemnity to persons administering Act

A person does not incur liability for anything done for the purposes of this Act or done in good faith and purporting to be for the purposes of this Act.

42AApproval of forms

The chief executive may approve forms for use under this Act.

s 42A ins 1995 No. 57 ss 1–2, 4 sch 1

43Regulation-making power

(1)The Governor in Council may make regulations under this Act.

(2)A regulation may make provision about the following—

(a)the making of applications for licences, certificates or permits;

(b)the grant and renewal of licences or certificates and the grant of permits;

(c)the return or destruction of documents evidencing a licence or certificate after expiry of the licence or certificate;

(d)obtaining and dealing with towing authorities;

(e)the identification of the holder of a licence, certificate or permit in a document evidencing that the person holds the licence, certificate or permit;

(f)the damaging of documents;

(fa)the replacement of documents;

(fb)the notification of a change of personal particulars;

(fc)the carrying of documents;

(g)the duties and standard of conduct of persons operating tow trucks and of persons employed on or in connection with the use of tow trucks;

(h)the inspection of tow trucks by an authorised officer for the purposes of determining whether or not they comply with this Act and the action to be taken if tow trucks do not so comply, and in connection with any inspection authorising the entry in or upon any tow truck, building or place;

(i)the powers of an authorised officer to enter upon premises from which a tow truck operator conducts his or her business and to inspect, seize and make copies of those records, and the production of those records by any person having custody thereof upon the requisition of an authorised officer;

(j)the production to authorised officers and other prescribed persons of licences, certificates, permits and other documents;

(k)the fees payable under this Act and the purposes for which those fees are payable, and the fixing of those fees;

(l)the design, classification, construction, equipment and identification of tow trucks;

(m)the qualifications and ages of drivers of tow trucks;

(n)the conditions under which tow trucks may be operated;

(o)premises or places to which tow truck operators deliver or cause to be delivered motor vehicles towed by the tow truck they operate and the use of those premises or places by those operators and the towing of motor vehicles thereto;

(p)the making of investigations into the charges being made or that should be made for towing seized motor vehicles, or towing or salvaging damaged motor vehicles; the appointment of persons to make such investigations; the powers and duties of such persons;

(q)the amount to be charged by operators of tow trucks for the towing or salvaging of motor vehicles and fixing maximum and minimum charges therefor;

(r)the amounts to be charged for towing and keeping vehicles impounded under the Police Powers and Responsibilities Act 2000 , chapter 4, 4A or 22;

(s)notification of the sale, disposal or acquisition of licensed tow trucks or tow trucks in respect of which permits have been issued;

(t)the granting of exemption or conditional exemption from compliance with all or any of the provisions of this Act and the revocation of any exemption or conditional exemption so granted;

(u)penalties of not more than 20 penalty units for each offence against a regulation.

(3)Without limiting subsection (1) or (2), a regulation may provide for the following—

(a)a document evidencing a driver’s certificate or assistant’s certificate to be in the form of a card or something similar approved by the chief executive and on which information may be stored electronically;

(b)a PIN to be used by the holder of a driver’s certificate or assistant’s certificate as a security measure to protect information stored electronically on a document evidencing the certificate.

(4)Also, without limiting subsections (1) to (3), a regulation may provide that—

(a)a document evidencing a person’s driver’s certificate or assistant’s certificate may include on it information about another transport authority held by the person under a prescribed transport Act, if allowed under that Act; or

(b)information about a driver’s certificate or an assistant’s certificate may be included on another transport authority.

Note—

See also the Transport Planning and Coordination Act 1994 , section 36G for smartcard transport authorities.

(5)In this section—

prescribed transport Act means—

(a)this Act; or

(b)the Transport Operations (Passenger Transport) Act 1994 ; or

(c)the Transport Operations (Road Use Management) Act 1995 .

transport authority means—

(a)a driver’s certificate or an assistant’s certificate; or

(b)driver authorisation under the Transport Operations (Passenger Transport) Act 1994 ; or

(c)a prescribed authority (other than a Queensland driver licence) under the Transport Operations (Road Use Management) Act 1995 .

s 43 amd 1990 No. 73 s 3 sch 5; R1 (see RA s 39); 1995 No. 57 ss 1–2, 4 sch 1; 1997 No. 66 s 13; 2002 No. 33 s 16; 2005 No. 64 s 31; 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84, 86); 2006 No. 57 s 52 ; 2009 No. 24 s 1709; 2008 No. 71 s 11 (amd 2010 No. 13 s 63); 2013 No. 45 s 69

pt hdg ins 1995 No. 57 ss 1–2, 4 sch 1

div hdg ins 2013 No. 64 s 208

44Tow-truck Act 1973 references

In an Act or document, a reference to the Tow-truck Act 1973 is a reference to this Act.

s 44 ins 1995 No. 57 ss 1–2, 4 sch 1

div hdg ins 2013 No. 64 s 209

45Applications not finally decided

(1)This section applies if, immediately before the commencement, the chief executive had not finally decided an application for the grant or renewal of an authority.

(2)The chief executive must decide the application under this Act as amended by the Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 .

(3)In this section—

authority means—

(a)an assistant’s certificate; or

(b)a driver’s certificate; or

(c)a licence.

commencement means the commencement of this section.

s 45 prev s 45 ins 1995 No. 57 ss 1–2, 4 sch 1

exp 28 February 1996 (see s 45 (3))

pres s 45 ins 2013 No. 64 s 209

div hdg ins 2015 No. 14 s 24

46Digital photos and digitised signatures

A digital photo or digitised signature of a person kept under this Act by the chief executive immediately before the commencement is, on the commencement, taken to be kept under the TPC Act by the chief executive of the department in which that Act is administered.

s 46 ins 2015 No. 14 s 24

sections 27A, 28, 29 and 30

1Failing to grant and issue a licence under section 6

2Failing to renew a licence under section 9

3Imposing a condition on the grant or renewal of a licence under section 10

4Varying licence conditions under section 10

5Suspending or cancelling a licence under section 21B or 21D

6Amending a licence under section 21D

1Failing to grant a certificate under section 14A

2Imposing a condition on the grant or renewal of a certificate under section 14A

3Varying a condition of a certificate under section 15

4Failing to renew a certificate under section 17A

5Suspending or cancelling a certificate under section 21B or 21D

6Amending a certificate under section 21D

sch 1 (prev sch) ins 2001 No. 79 s 17

sub 2004 No. 40 s 2J

renum 2007 No. 6 s 17

amd 2008 No. 71 s 11A (amd 2010 No. 13 s 64); 2013 No. 64 s 210

section 4

approved form means a form approved under section 42A.

def approved form ins 1995 No. 57 ss 1–2, 4 sch 1

reloc 2007 No. 6 s 10(5)

amd 2013 No. 64 s 211(2)

articulated motor vehicle means a motor vehicle having at its rear a portion on wheels that is pivoted on and partly superimposed on the forward part of the vehicle.

def articulated motor vehicle reloc 2007 No. 6 s 10(5)

assistant’s certificate see section 16 (2).

def assistant’s certificate reloc 2007 No. 6 s 10(5)

sub 2008 No. 71 s 12 (amd 2010 No. 13 s 65(1)–(3))

authorised officer means an authorised officer under the Transport Operations (Road Use Management) Act 1995 or a person acting under the authority of the chief executive.

def authorised officer amd 1985 No. 30 s 71; 1990 No. 73 s 3 sch 5; 1999 No. 42 s 54(3) sch pt 3; 2000 No. 5 s 461 sch 3

reloc 2007 No. 6 s 10(5)

Commissioner ...

def Commissioner om from prev s 4 1990 No. 73 s 3 sch 5

criminal history, of a person—

(a)means the person’s criminal history under the Criminal Law (Rehabilitation of Offenders) Act 1986 ; and

(b)includes a charge of a disqualifying offence or a charge of an offence against any of the following—

(i)the Drugs Misuse Act 1986 ;

(ii)the Police Powers and Responsibilities Act 2000 , section 790;

(iii)the Weapons Act 1990 ; and

(c)does not include a charge of an offence for which the proceeding for the offence ended without the person being convicted.

def criminal history reloc 2007 No. 6 s 12(2)

criminal organisation means—

(a)

for the definition identified participant—a criminal organisation under the Criminal Code, section 1; or

(b)otherwise—an organisation identified by the police commissioner as a criminal organisation within the meaning of the Criminal Code, section 1.

def criminal organisation ins 2013 No. 64 s 211(1)

damaged means damaged in an incident.

def damaged reloc 2007 No. 6 s 10(5)

department ...

def department ins 1990 No. 73 s 3 sch 5

om from prev s 4 1991 No. 97 s 3 sch 1

digital photo, of a person, see the TPC Act, schedule 1.

def digital photo ins 2008 No. 71 s 12(2) (amd 2010 No. 13 s 65(1))

sub 2015 No. 14 s 25

digitised signature, of a person, see the TPC Act, schedule 1.

def digitised signature ins 2008 No. 71 s 12(2) (amd 2010 No. 13 s 65(1))

sub 2015 No. 14 s 25

Director-General ...

def Director-General ins 1990 No. 73 s 3 sch 5

om from prev s 4 R1 (see RA s 36)

disqualifying offence see the Transport Operations (Road Use Management) Act 1995 , schedule 4, definition disqualifying offence, paragraph (b).

def disqualifying offence ins 2004 No. 40 s 2B

amd 2007 No. 6 s 10(3)

reloc 2007 No. 6 s 10(5)

driver licence has the meaning given by the Transport Operations (Road Use Management) Act 1995 , schedule 4.

def driver licence ins 2007 No. 6 s 10(2)

reloc 2007 No. 6 s 10(5)

driver’s certificate see section 16 (1).

def driver’s certificate reloc 2007 No. 6 s 10(5)

sub 2008 No. 71 s 12 (amd 2010 No. 13 s 65(1)–(3))

electronic communication see the Electronic Transactions (Queensland) Act 2001 , schedule 2.

def electronic communication ins 2008 No. 71 s 12(2) (amd 2010 No. 13 s 65(1))

executive officer, of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director, or the person’s position is given the name of executive officer.

def executive officer ins 2008 No. 67 s 283

identified participant, in a criminal organisation, means a person who is identified by the police commissioner as a participant in the organisation within the meaning of the Criminal Code, section 60A (3).

def identified participant ins 2013 No. 64 s 211(1)

incident means a collision or impact, however caused—

(a)that happens on a road and results in damage to a motor vehicle; or

(b)that happens off a road and results in damage to a motor vehicle, if immediately before the collision or impact the motor vehicle was travelling on the road.

def incident ins 1997 No. 66 s 4(2)

reloc 2007 No. 6 s 10(5)

licence means a licence with respect to a tow truck issued under this Act and in force at any material time.

def licence reloc 2007 No. 6 s 10(5)

most recent digital photo ...

def most recent digital photo ins 2008 No. 71 s 12(2) (amd 2010 No. 13 s 65(1), (4))

om 2015 No. 14 s 25(1)

most recent digitised signature ...

def most recent digitised signature ins 2008 No. 71 s 12(2) (amd 2010 No. 13 s 65(1), (4))

om 2015 No. 14 s 25(1)

motor vehicle means a motor car, motorcycle, motor omnibus, motor truck, motor utility truck, trolley vehicle, tractor or traction engine, a trailer attached to or drawn by a motor vehicle, and any other vehicle propelled or designed for propulsion wholly or partly by gas, motor spirit, oil, electricity, steam or other mechanical power: the term includes an articulated motor vehicle but does not include a vehicle used on a railway or tramway.

def motor vehicle reloc 2007 No. 6 s 10(5)

operate, with respect to a tow truck, means to tow or offer to tow a motor vehicle by means of a tow truck, for hire or for any consideration or in the course of any trade or business.

def operate reloc 2007 No. 6 s 10(5)

permit means—

(a)a permit issued under section 11; or

(b)a permit granted under section 19.

def permit reloc 2007 No. 6 s 10(5)

sub 2008 No. 71 s 12 (amd 2010 No. 13 s 65(1)–(3))

police commissioner means the commissioner of the police service.

def police commissioner ins 2013 No. 64 s 211(1)

prescribed review information, for a decision, means information that a person to whom a notice about the decision is given under section 21B (1) or 21D (6) may—

(a)under section 28—ask for the decision to be reviewed by the chief executive; and

(b)under the Transport Planning and Coordination Act 1994 , part 5, division 2—apply to QCAT for the decision to be stayed; and

(c)

under section 29—ask for the chief executive’s decision on the review (the reviewed decision) to be reviewed by QCAT; and

(d)under the QCAT Act—apply for the reviewed decision to be stayed.

def prescribed review information ins 2009 No. 24 s 1710

prescribed smartcard Act ...

def prescribed smartcard Act ins 2008 No. 71 s 12(2) (amd 2010 No. 13 s 65(1))

om 2015 No. 14 s 25(1)

QCAT information notice means a notice complying with the QCAT Act, section 157 (2).

def QCAT information notice ins 2013 No. 64 s 211(1)

retention period ...

def retention period ins 2008 No. 71 s 12(2) (amd 2010 No. 13 s 65(1))

om 2015 No. 14 s 25(1)

road has the meaning assigned to that term by the Transport Operations (Road Use Management) Act 1995 .

def road amd 1999 No. 42 s 54(3) sch pt 3

reloc 2007 No. 6 s 10(5)

seized, for a motor vehicle, means seized by a police officer under the Police Powers and Responsibilities Act 2000 , section 124 because of section 125 (1) (d) or (2) of that Act, from a road that is an off-street regulated parking area for which there is an arrangement mentioned in the Transport Operations (Road Use Management) Act 1995 , section 104.

def seized ins 1997 No. 66 s 4(2)

amd 1999 No. 42 s 54(3) sch pt 3; 2000 No. 5 s 461 sch 3; 2003 No. 19 s 3 sch; 2006 No. 26 s 119 sch 2; 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84, 86)

reloc 2007 No. 6 s 10(5)

amd 2013 No. 26 s 105 sch 1

shelf life ...

def shelf life ins 2008 No. 71 s 12(2) (amd 2010 No. 13 s 65(1), (3))

om 2015 No. 14 s 25(1)

smartcard assistant’s certificate means an assistant’s certificate in the form provided for under section 43 (3) (a).

def smartcard assistant’s certificate ins 2008 No. 71 s 12(2) (amd 2010 No. 13 s 65(1))

smartcard certificate means a smartcard driver’s certificate or a smartcard assistant’s certificate.

def smartcard certificate ins 2008 No. 71 s 12(2) (amd 2010 No. 13 s 65(1), (3))

smartcard driver’s certificate means a driver’s certificate in the form provided for under section 43 (3) (a).

def smartcard driver’s certificate ins 2008 No. 71 s 12(2) (amd 2010 No. 13 s 65(1))

take ...

def take ins 2008 No. 71 s 12(2) (amd 2010 No. 13 s 65(1))

om 2015 No. 14 s 25(1)

tow with respect to a motor vehicle includes carry, lift and tow, lift and carry and lift for the purpose of towing.

def tow reloc 2007 No. 6 s 10(5)

towing authority means an authority given, on the approved form, for the towing of a motor vehicle.

def towing authority amd 1995 No. 57 ss 1–2, 4 sch 1

reloc 2007 No. 6 s 10(5)

tow truck means a motor vehicle—

(a)equipped with a lifting or loading device capable of being used for the towing of a motor vehicle; or

(b)being used at the material time for the towing of a trailer on which a damaged or seized motor vehicle is being carried.

def tow truck amd 1997 No. 66 s 4(3); 2007 No. 6 s 10(4)

reloc 2007 No. 6 s 10(5)

TPC Act means the Transport Planning and Coordination Act 1994 .

def TPC Act ins 2015 No. 14 s 25(2)

sch hdg ins 2007 No. 6 s 18

sch 2 Note—definitions for this Act were originally located in s 4.