Towing Services Act 2024 (WA)

Western Australia Towing Services Act 2024 Western Australia Towing Services Act 2024 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Objects of Act 1 4. Terms used 1 5. Towing of vehicles 1 6. Vehicle crashes and crash towing 1 7. Breakdown towing 1 8. Regulated towing and regulated towing businesses 1 9. Determination of whether persons are fit and proper 1 10. Determination of whether grant or continuation of towing industry authorisation contrary to public interest 1 11. Act binds Crown 1 Part 2 — Towing businesses Division 2 — Offences and related matters 15. Release from storage 1 16. Moving vehicle from storage yard 1 Part 3 — Towing workers Division 1 — Offences and related matters 40. Towing vehicle without authorisation and powers to authorise 1 Part 4 — Fees and charges in relation to towing 68. Spotter fees prohibited 1 69. Regulations may prohibit or restrict towing and storage charges 1 Part 5 — Confidentiality and exchange of information Division 1 — Preliminary 70. Terms used 1 Division 2 — Confidentiality and disclosure of information 71. Confidentiality 1 74. Use of and access to information disclosed or obtained under this Part 1 Division 3 — Exchange of information 76. Persons in relation to whom information may be exchanged 1 77. Exchange of information between CEO and Commissioner of Police 1 78. Exchange of information between CEO and road traffic CEO 1 79. Exchange of information between CEO and relevant authority 1 80. Disclosure of information to body or person with whom agreement is made 1 81. Disclosure of information to law enforcement official 1 82. Exchange of information between CEO and interstate towing authority 1 83. Disclosures under this Part free of charge 1 Part 6 — Enforcement Division 1 — Preliminary 84. Terms used 1 Division 2 — Authorised officers Subdivision 1 — Designation 85. Authorised officers 1 Subdivision 2 — General powers 86. Purposes for which powers of authorised officers may be exercised 1 87. Powers in relation to vehicles 1 88. Directions to persons and related matters 1 89. Entry of premises 1 90. Requirement to comply with directions 1 91. Assistance to exercise powers 1 92. Duty to identify driver or person in charge of vehicle 1 93. Duty to take reasonable measures to be able to comply with identity request 1 94. Offences 1 Division 3 — Entry warrants 95. Terms used 1 96. Applications for entry warrant 1 97. Applications to be in person unless urgent 1 98. Applications to be in writing unless made remotely 1 99. Applications to be on oath unless made remotely 1 100. Form of entry warrants made remotely 1 101. Evidence obtained inadmissible if failure to comply with section 99(2)(b) or 100(1)(b) 1 102. Issue and content of entry warrants 1 103. Effect of entry warrants 1 Division 4 — Obtaining business records 104. Terms used 1 105. Application of this Division 1 106. Application for orders to produce 1 107. Issue of orders to produce 1 108. Service of orders to produce 1 109. Effect of orders to produce 1 110. Powers in relation to order to produce 1 Division 5 — Seizing things and related matters Subdivision 1 — Seizing of things 111. Application 1 112. Grounds for seizing things 1 113. Records relevant to offence 1 114. Seizing of devices and equipment 1 115. Powers to facilitate seizing of records 1 116. List of seized things to be supplied on request 1 Subdivision 2 — Procedure on seizure of privileged material 117. Terms used 1 118. Seizure or production of privileged material 1 119. Records must be secured 1 120. Applications to court 1 121. Decisions of court 1 122. Forensic examinations on records 1 123. Ancillary orders 1 124. Proceedings part of criminal jurisdiction 1 125. Appeals 1 Subdivision 3 — Return or disposal of seized things 126. Return or disposal of seized things 1 Division 6 — Improvement notices 127. Issue of improvement notices 1 128. Contents of improvement notices 1 129. Compliance with improvement notice 1 130. Extension of time for compliance, amendment and revocation 1 131. Affixing sticker to tow truck 1 Division 7 — Offences 132. Liability of officers for offence by body corporate 1 133. When prosecution can be commenced 1 Division 8 — Evidentiary provisions 134. Evidentiary certificates: records and authorisation 1 135. Evidentiary certificates: specific matters 1 136. Proof of certain matters not required in legal proceedings 1 137. Proof of appointments and signatures unnecessary 1 Division 9 — Infringement notices and Criminal Procedure Act 2004 138. Infringement notices and Criminal Procedure Act 2004 1 Part 7 — Review of decisions 139. Term used: reviewable decision 1 140. Reconsideration of reviewable decisions 1 141. Application to State Administrative Tribunal for review 1 Part 8 — Regulations Division 1 — General 142. Regulations 1 143. Regulations may refer to published documents 1 Division 2 — Safety standards 144. Safety standards for towing service providers 1 145. Safety standards for towing workers 1 146. Safety standard offences 1 147. Reasonable steps defence 1 Division 3 — Safety management systems 148. Safety management systems for towing service providers 1 Division 4 — Towing industry authorisations 149. Towing industry authorisations 1 150. Disqualification offences 1 151. Prescribed disqualification periods and reinstatement 1 Division 5 — Towing businesses, towing workers and authorisations to tow vehicles 152. Towing businesses 1 153. Towing workers 1 154. Authorisations to tow vehicles 1 Part 9 — Miscellaneous 155. Giving documents 1 156. Delegation by CEO or Commissioner of Main Roads 1 157. CEO may enter into agreements for performance of functions 1 158. Protection from personal liability 1 159. Protection of people testing or examining or giving certain information 1 160. False or misleading information 1 161. Exemption from requirements of this Act 1 Part 10 — Transitional provisions 163. Convictions of disqualification offences before commencement day 1 164. Transitional regulations 1 Part 11 — Other Acts amended Division 1 — Criminal Organisations Control Act 2012 amended 165. Act amended 1 166. Section 80 amended 1 Division 2 — Road Traffic Act 1974 amended 167. Act amended 1 168. Section 91 amended 1 169. Section 96 amended 1 Division 3 — Road Traffic (Administration) Act 2008 amended 170. Act amended 1 171. Section 12 amended 1 172. Section 110 amended 1 Division 5 — State Administrative Tribunal Act 2004 amended 176. Act amended 1 177. Schedule 1 amended 1 Notes Compilation table 1 Uncommenced provisions table 1 Defined terms Western Australia Towing Services Act 2024 An Act to — * provide for the regulation of the towing industry; and * make consequential amendments to various other Acts, and for related purposes.