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Accident Towing Services Amendment Bill 2011

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					                 PARLIAMENT OF VICTORIA

   Accident Towing Services Amendment Bill 2011



                         TABLE OF PROVISIONS
Clause                                                                     Page

PART 1—PRELIMINARY                                                            1
  1      Purpose                                                              1
  2      Commencement                                                         2

PART 2—ACCIDENT TOWING SERVICES ACT 2007                                      3
  3      Purpose                                                              3
  4      Definitions                                                          3
  5      New section 9A inserted                                              4
         9A       Offence to use vehicle other than tow truck to provide
                  accident towing services for hire or reward                 4
  6      Offence to drive licensed tow truck or tow truck providing
         accident towing services without accreditation                       5
  7      Immediate suspension of accreditation                                6
  8      New section 146A inserted                                            6
         146A Licence holder must provide copy of authority to tow
                  if requested by owner                                       6
  9      Storage of accident damaged motor vehicles                           7
  10     Provisions concerning damaged vehicle storage                        8
  11     Section 152 repealed                                                 9
  12     Owner not liable for repairs carried out at unauthorised place       9
  13     VicRoads may suspend accreditation on service of notice              9
  14     Part 8 heading substituted                                           9
  15     New Division 1 heading inserted                                     10
  16     Minister to determine charges for accident towing services and
         other services                                                      10
  17     Determinations of charges                                           10
  18     New Divisions 2 to 4 inserted                                       10
         Division 2—Review of charges                                        10
         212A        Periodic review of charges                              10
         212B        Additional review at Minister's direction               12
         212C        Conduct of review                                       13
         212D        Objectives not to apply                                 14
         212E        Powers relating to reviews                              14
         212F        Recommendations                                         15
         212G        Tabling of recommendations                              16


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Clause                                                                    Page

         Division 3—Indexation of charges                                   17
         212H        Charges to be adjusted for CPI                         17
         Division 4—Offences                                                19
         212I    Offence to charge unreasonable sum or sum different
                 to charge determined under section 211                     19
         212J    Offence to pay for obtaining work in respect of
                 accident damaged motor vehicle                             20
         212K Offence to pay for handing over work in respect of
                 accident damaged motor vehicle                             20
  19     New Part 8 heading inserted                                        20
  20     Regulations                                                        21
  21     Further amendment of the Accident Towing Services
         Act 2007                                                           21

PART 3—TRANSPORT (COMPLIANCE AND
MISCELLANEOUS) ACT 1983                                                     22
  22     Reference by Minister                                              22

PART 4—ESSENTIAL SERVICES COMMISSION ACT 2001                               23
  23     Functions of the Commission                                        23
  24     Restriction on disclosure of confidential information              23

PART 5—REPEAL OF AMENDING ACT                                               24
  25     Repeal of amending Act                                             24
                          __________________

SCHEDULE—Further Amendment of the Accident Towing
         Services Act 2007                                                  25
                               ═══════════════

ENDNOTES                                                                    26




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                      PARLIAMENT OF VICTORIA

     Introduced in the Assembly




      Accident Towing Services Amendment
                   Bill 2011


     A Bill for an Act to amend the Accident Towing Services Act 2007,
     to make consequential and related amendments to other Acts and for
                               other purposes.




     The Parliament of Victoria enacts:


                              PART 1—PRELIMINARY
            1 Purpose
                          The main purposes of this Act are—
                           (a) to amend the Accident Towing Services Act
5                              2007 in order to—
                                (i) provide for offences relating to the
                                    operation of tow trucks and the
                                    provision of services relating to the
                                    towing, storage and salvage of accident
10                                  damaged motor vehicles;



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                                       (ii) clarify provisions relating to the
                                            suspension of tow truck driver
                                            accreditations;
                                      (iii) regulate charges for salvage services;
5                                     (iv) ensure that charges for accident towing
                                           services, motor vehicle storage and
                                           salvage are reasonable;
                                       (v) enable the Essential Services
                                           Commission to review charges
10                                         determined for towing and related
                                           services;
                                      (vi) enable charges determined for towing
                                           and related services to be adjusted for
                                           CPI; and
15                                (b) to make consequential and related
                                      amendments to the Essential Services
                                      Commission Act 2001 and the Transport
                                      (Compliance and Miscellaneous) Act 1983.
                   2 Commencement
20                               This Act comes into operation on the day after the
                                 day on which this Act receives the Royal Assent.
                                        __________________




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                                                                                       s. 3


           PART 2—ACCIDENT TOWING SERVICES ACT 2007
            3 Purpose
                          After section 1(a)(v) of the Accident Towing               See:
                                                                                     Act No.
                          Services Act 2007, insert—                                 30/2007
                                                                                     and
5                     "(vi) providing for matters relating to the salvage            amending
                                                                                     Act Nos
                            of accident damaged motor vehicles; and".                28/2009,
                                                                                     68/2009,
                                                                                     93/2009 and
                                                                                     6/2010.
                                                                                     LawToday:
                                                                                     www.
                                                                                     legislation.
                                                                                     vic.gov.au


            4 Definitions
                  (1) In section 3(1) of the Accident Towing Services
                      Act 2007, insert the following definitions—
10                        "basic salvage service means the service of
                               salvaging a motor vehicle—
                                 (a) using one or more tow trucks that are
                                     not heavy tow trucks; and
                                 (b) without using a mobile crane;
15                        heavy tow truck means a tow truck that is capable
                              of towing a motor vehicle that has a gross
                              vehicle mass of 4 tonnes or more;".
                  (2) In section 3(1) of the Accident Towing Services
                      Act 2007, for the definition of salvage
20                    substitute—
                          "salvage, in the case of an accident damaged
                               motor vehicle that, as a result of the
                               accident—
                                 (a) is in a location that is not a road or a
25                                   road related area; or
                                 (b) is embedded in a building or in an
                                     object that is not a motor vehicle; or



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                                        (c) is overturned or on its side—
                                       means the moving of the motor vehicle to a
                                       place on a road or road related area or into an
                                       upright position or both so that it may be
5                                      towed by a tow truck without assistance;".
                         (3) In section 3(1) of the Accident Towing Services
                             Act 2007, for paragraph (c) of the definition of
                             tow, substitute—
                                 "(c) lifting the motor vehicle for the purpose of
10                                    towing the motor vehicle—
                                 but does not include salvage of the motor
                                 vehicle;".
                         (4) After section 3(4) of the Accident Towing
                             Services Act 2007, insert—
15                         "(4A) In this Act, a reference to a charge
                                 determined under section 211 includes a
                                 reference to a charge that has been indexed
                                 under Division 3 of Part 7A.".
                   5 New section 9A inserted
20                               After section 9 of the Accident Towing Services
                                 Act 2007, insert—
                                 "9A Offence to use vehicle other than tow
                                     truck to provide accident towing services
                                     for hire or reward
25                                     A person must not drive for hire or reward a
                                       motor vehicle that is not a tow truck for the
                                       purpose of—
                                        (a) towing an accident damaged motor
                                            vehicle from the road accident scene at
30                                          which that motor vehicle was damaged;
                                            or
                                        (b) clearing a road accident scene.
                                       Penalty: 60 penalty units.".


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            6 Offence to drive licensed tow truck or tow truck
              providing accident towing services without
              accreditation
                          For section 98(1) of the Accident Towing
5                         Services Act 2007, substitute—
                          "(1) A person who does not hold a tow truck
                               driver accreditation (where subsection (1B)
                               does not apply) must not drive a licensed tow
                               truck or a tow truck that is being used for the
10                             purposes of providing accident towing
                               services.
                                Penalty: 60 penalty units.
                      (1A) A person who does not hold a tow truck
                           driver accreditation (where subsection (1C)
15                         does not apply) must not accompany the
                           driver of a licensed tow truck or a tow truck
                           that is being used for the purposes of
                           providing accident towing services.
                                Penalty: 60 penalty units.
20                    (1B) A person who does not hold a tow truck
                           driver accreditation where—
                                 (a) that person has previously held a tow
                                     truck driver accreditation and has failed
                                     to renew that accreditation; and
25                               (b) an application by that person for the
                                     renewal of that accreditation would not
                                     be refused under section 107, 108
                                     or 109—
                                must not drive a licensed tow truck or a tow
30                              truck that is being used for the purposes of
                                providing accident towing services.
                                Penalty: 30 penalty units.




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                             (1C) A person who does not hold a tow truck
                                  driver accreditation where—
                                        (a) that person has previously held a tow
                                            truck driver accreditation and has failed
5                                           to renew that accreditation; and
                                        (b) an application by that person for the
                                            renewal of that accreditation would not
                                            be refused under section 107, 108
                                            or 109—
10                                     must not accompany the driver of a licensed
                                       tow truck or a tow truck that is being used
                                       for the purposes of providing accident
                                       towing services.
                                       Penalty: 30 penalty units.".
15                 7 Immediate suspension of accreditation
                                 In section 128(6) of the Accident Towing
                                 Services Act 2007, for "this section" substitute
                                 "subsection (1)".
                   8 New section 146A inserted
20                               After section 146 of the Accident Towing
                                 Services Act 2007, insert—
                          "146A Licence holder must provide copy of
                                authority to tow if requested by owner
                                       The holder of a tow truck licence must
25                                     provide the owner of an accident damaged
                                       motor vehicle with a copy of an authority to
                                       tow in relation to the towing of that motor
                                       vehicle by a tow truck specified in the tow
                                       truck licence if requested to do so by the
30                                     owner and without charge.
                                       Penalty: 10 penalty units.".




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                                                                                     s. 9


            9 Storage of accident damaged motor vehicles
                  (1) In the heading to section 150 of the Accident
                      Towing Services Act 2007, for "Storage"
                      substitute "Initial towing and storage".
5                 (2) For section 150(1) of the Accident Towing
                      Services Act 2007, substitute—
                          "(1) The holder of a tow truck licence for a tow
                               truck that is towing an accident damaged
                               motor vehicle under an authority to tow must
10                             ensure that the motor vehicle is towed to the
                               place specified in the authority to tow
                               unless—
                                 (a) it is being returned to the owner of the
                                     motor vehicle; or
15                               (b) it is being removed to another place
                                     with the written authority of the owner
                                     of the motor vehicle or other valid
                                     authority.
                                Penalty: 20 penalty units.
20                    (1A) The holder of a tow truck licence for a tow
                           truck that has towed an accident damaged
                           motor vehicle to the place specified in the
                           authority to tow in accordance with
                           subsection (1) must ensure that the motor
25                         vehicle is stored at a secure area at the place
                           specified in the authority to tow at all times
                           unless—
                                 (a) it is being removed to or stored at a
                                     secure area that is—
30                                     (i) near the place specified in the
                                           authority to tow; and
                                      (ii) approved by VicRoads as a place
                                           at which the holder of the tow
                                           truck licence may store accident
35                                         damaged motor vehicles; or


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                                         (b) it is being removed from a secure area
                                             described in paragraph (a) and towed to
                                             the place specified in the authority to
                                             tow.
5                                       Penalty: 20 penalty units.".
                          (3) After section 150(2) of the Accident Towing
                              Services Act 2007, insert—
                                  "(3) The holder of a tow truck licence for a tow
                                       truck that is towing an accident damaged
10                                     motor vehicle under an authority to tow is
                                       not entitled to recover any sum or charge
                                       from the owner of the motor vehicle for
                                       towing the motor vehicle between the place
                                       specified in the authority to tow and any
15                                     place at which the holder of the tow truck
                                       licence stores, or intends to store, the motor
                                       vehicle.
                                   (4) If an accident damaged motor vehicle is
                                       being stored at a secure area or place in
20                                     accordance with this section, the holder of
                                       the tow truck licence for the tow truck that
                                       towed the motor vehicle to that secure area
                                       or place must take all reasonable steps to
                                       ensure that—
25                                       (a) the motor vehicle is not lost or
                                             damaged; and
                                         (b) nothing in or on the motor vehicle is
                                             lost or damaged.
                                        Penalty: In the case of a natural person,
30                                               20 penalty units;
                                                   In the case of a body corporate,
                                                   100 penalty units.".
                   10 Provisions concerning damaged vehicle storage
                                  In section 151(1) of the Accident Towing
35                                Services Act 2007, omit "at a secure place".


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           11 Section 152 repealed
                          Section 152 of the Accident Towing Services Act
                          2007 is repealed.
           12 Owner not liable for repairs carried out at
5             unauthorised place
                          In section 155 of the Accident Towing Services
                          Act 2007, for paragraph (a) substitute—
                          "(a) the vehicle has been towed from the road
                               accident scene to a place other than—
10                                (i) the place specified in the authority to
                                      tow; or
                                 (ii) a secure area near the place specified in
                                      the authority to tow that has been
                                      approved by VicRoads as a place in
15                                    which the holder of the tow truck
                                      licence for the tow truck that towed the
                                      vehicle may store accident damaged
                                      motor vehicles; and".
           13 VicRoads may suspend accreditation on service of
20            notice
                  (1) In the heading to section 167 of the Accident
                      Towing Services Act 2007, for "may" substitute
                      "must".
                  (2) In section 167(1) of the Accident Towing
25                    Services Act 2007, for "may" substitute "must".
           14 Part 8 heading substituted
                          For the heading to Part 8 of the Accident Towing
                          Services Act 2007, substitute—

                                       "PART 7A—CHARGES".




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                   15 New Division 1 heading inserted
                                  Before section 211 of the Accident Towing
                                  Services Act 2007, insert—

                                      "Division 1—Determination of charges".
5                  16 Minister to determine charges for accident towing
                      services and other services
                                  In section 211 of the Accident Towing Services
                                  Act 2007—
                                   (a) after "Minister may" insert "from time to
10                                     time";
                                   (b) in paragraph (b), for "motor vehicles—"
                                       substitute "motor vehicles;";
                                   (c) after paragraph (b) insert—
                                        "(c) basic salvage services—".
15                 17 Determinations of charges
                                  For section 212(1)(a) of the Accident Towing
                                  Services Act 2007, substitute—
                                  "(a) has received a recommendation from the
                                       Commission under Division 2 on the matter;
20                                     and".
                   18 New Divisions 2 to 4 inserted
                                  After section 212 of the Accident Towing
                                  Services Act 2007, insert—

                                           "Division 2—Review of charges
25                           212A Periodic review of charges
                                   (1) The Commission must, at the time specified
                                       in subsection (3), conduct and complete a
                                       review and make a recommendation to the
                                       Minister as to all of the following—




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                                 (a) whether or not any amount determined
                                     by the Minister under section 211 is
                                     appropriate;
                                 (b) in relation to accident towing services,
5                                    services relating to the storage of
                                     accident damaged vehicles and salvage
                                     services for which no amount has been
                                     determined under section 211—
                                       (i) whether or not that service should
10                                         be subject to a determination
                                           under that section; and
                                      (ii) if the Commission considers that
                                           the service should be subject to a
                                           determination, what that
15                                         determination should be;
                                 (c) a figure for the productivity adjustment
                                     of those services that are or are to be
                                     subject to a determination under
                                     section 211;
20                               (d) in relation to accident towing services,
                                     the storage of accident damaged motor
                                     vehicles or salvage, any matter on
                                     which the Committee may advise,
                                     conduct inquiries or make
25                                   recommendations under section 10 of
                                     the Essential Services Commission
                                     Act 2001 that the Minister specifies in
                                     writing.
                           (2) The Minister must consult with the Minister
30                             administering the Essential Services
                               Commission Act 2001 before specifying a
                               matter for review under subsection (1)(d).
                           (3) The Commission must conduct and complete
                               a review and make a recommendation to the
35                             Minister under this section—



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                                         (a) not later than 30 June 2014; and
                                         (b) before the expiry of each subsequent
                                             period of 4 years commencing from the
                                             date that the last review commenced.
5                            212B Additional review at Minister's direction
                                   (1) The Minister may at any time, by written
                                       direction, require the Commission to conduct
                                       and complete a review and make a
                                       recommendation to the Minister as to
10                                     whether or not an amount determined under
                                       section 211 is appropriate.
                                   (2) The Minister must consult with the Minister
                                       administering the Essential Services
                                       Commission Act 2001 before requiring the
15                                     Commission to conduct a review and make a
                                       recommendation under subsection (1).
                                   (3) A written direction under this section must
                                       specify terms of reference for the review.
                                   (4) The Minister may—
20                                       (a) specify a period within which a
                                             recommendation is to be made to the
                                             Minister under subsection (1);
                                         (b) require the Commission to make a draft
                                             copy of the recommendation publicly
25                                           available or available to specified
                                             persons or bodies during the review;
                                         (c) require the Commission to consider
                                             specified matters;
                                         (d) give the Commission specific directions
30                                           in respect of the conduct of the review;
                                         (e) specify objectives that the Commission
                                             is to have in performing its functions
                                             and exercising its powers in relation to
                                             the review.


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                           (5) If the Minister has directed a matter to the
                               Commission for review under subsection (1),
                               the Minister may, by written notice given to
                               the Commission, withdraw or amend the
5                              direction at any time before the Minister has
                               received the recommendation from the
                               Commission.
                           (6) The Minister must cause notice of a direction
                               given to the Commission under this section
10                             to be published on an Internet site
                               maintained by VicRoads.
                     212C Conduct of review
                           (1) Subject to this Act and any directions under
                               section 212B, the Commission may conduct
15                             a review under this Division in any manner
                               the Commission considers appropriate.
                           (2) In conducting a review, the Commission is
                               not bound by the rules of evidence and may
                               inform itself on any matter in any way it
20                             thinks fit.
                           (3) The Commission may receive written
                               submissions or statements.
                           (4) If the Commission holds a public hearing—
                                 (a) the Commission has a discretion as to
25                                   whether any person may appear before
                                     the Commission in person or be
                                     represented by another person;
                                 (b) the Commission may determine that the
                                     hearing, or part of the hearing, be held
30                                   in private if it is satisfied that—
                                       (i) it would be in the public interest;
                                           or
                                      (ii) the evidence is of a confidential or
                                           commercially sensitive nature.



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                                   (5) In conducting a review, the Commission—
                                         (a) may consult with any person that it
                                             considers appropriate;
                                         (b) may hold public seminars and hold
5                                            workshops;
                                         (c) may establish working groups and task
                                             forces.
                             212D Objectives not to apply
                                        Except to the extent (if any) that the Minister
10                                      otherwise determines, the objectives of the
                                        Commission under the Essential Services
                                        Commission Act 2001 or any other Act do
                                        not apply to the functions and powers of the
                                        Commission under this Division.
15                           212E Powers relating to reviews
                                   (1) The Commission may serve upon any
                                       person—
                                         (a) a notice requiring that person to provide
                                             evidence in writing;
20                                       (b) a notice to produce specified
                                             documents;
                                         (c) a summons to appear before the
                                             Commission to provide evidence.
                                   (2) The Commission may make an order for the
25                                     manner of service, including substituted
                                       service, of a notice or summons under
                                       subsection (1).
                                   (3) A person must not, without lawful excuse,
                                       fail to comply with a notice or summons of
30                                     the Commission.
                                        Penalty: 60 penalty units.




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                           (4) It is a lawful excuse for the purposes of
                               subsection (3) that compliance may tend to
                               incriminate the person or make the person
                               liable to a penalty or forfeiture.
5                          (5) A person must not give information to the
                               Commission that he or she knows is false or
                               misleading.
                                Penalty: 120 penalty units or imprisonment
                                         for 6 months.
10                         (6) A person must not—
                                 (a) threaten, intimidate or coerce another
                                     person; or
                                 (b) take, threaten to take, incite or be
                                     involved in any action that causes
15                                   another person to suffer any loss, injury
                                     or disadvantage—
                                because that other person assisted, or intends
                                to assist, any review conducted by the
                                Commission.
20                              Penalty: 120 penalty units.
                           (7) Civil proceedings do not lie against a person
                               in respect of loss, damage or injury of any
                               kind suffered by another person because of
                               the making in good faith of a statement, or
25                             the giving in good faith of a document or
                               information, to the Commission in
                               connection with a review under this
                               Division, whether or not the statement is
                               made, or the document or information is
30                             given, in connection with a written
                               submission or a public hearing.
                     212F Recommendations
                           (1) The Commission must submit a copy of its
                               recommendation under section 212A
35                             or 212B to the Minister.


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                                   (2) If, in the opinion of the Commission, a
                                       recommendation will contain confidential or
                                       commercially sensitive information, the
                                       Commission must divide the
5                                      recommendation into—
                                         (a) a document containing the confidential
                                             or commercially sensitive information;
                                             and
                                         (b) another document containing the rest of
10                                           the recommendation.
                                   (3) Any information that the Commission may
                                       disclose under section 38 of the Essential
                                       Services Commission Act 2001 is not
                                       confidential or commercially sensitive for
15                                     the purposes of subsection (2) unless an
                                       appeal panel, within the meaning of that Act,
                                       states that it is imposing a restriction under
                                       section 56(7)(b)(i) of that Act.
                            212G Tabling of recommendations
20                                 (1) The Minister must cause a copy of a
                                       recommendation submitted under
                                       section 212F to be laid before each House of
                                       the Parliament within 7 sitting days of the
                                       House after receiving the recommendation.
25                                 (2) The Minister must, after the recommendation
                                       has been laid before each House of the
                                       Parliament, or if the Parliament is not sitting,
                                       within 30 days after receiving a
                                       recommendation, ensure that a copy of the
30                                     recommendation is available for public
                                       inspection.
                                   (3) After the Minister has made a
                                       recommendation publicly available, the
                                       Commission must ensure that copies are
35                                     made publicly available.



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                           (4) If the Commission submits a
                               recommendation to the Minister in the form
                               required by section 212F(2), a reference to
                               the recommendation in subsections (1), (2)
5                              and (3) is to be read as a reference to the
                               document described in section 212F(2)(b).

                                  Division 3—Indexation of charges
                    212H Charges to be adjusted for CPI
                           (1) Subject to subsection (2), an amount of a
10                             charge determined under section 211 must be
                               varied, in respect of each financial year, in
                               accordance with the formula—
                                    B   
                                A ×  – D
                                    C   
                                where—
15                              "A" is the amount of the charge for the
                                    financial year immediately preceding
                                    the relevant year;
                                "B" is the transportation group consumer
                                    price index for Melbourne published by
20                                  the Australian Statistician in respect of
                                    the March quarter of the financial year
                                    immediately preceding the relevant
                                    year;
                                "C" is the transportation group consumer
25                                  price index for Melbourne published by
                                    the Australian Statistician in respect of
                                    the March quarter of the financial year
                                    immediately preceding the financial
                                    year preceding the relevant year;




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                            Accident Towing Services Amendment Bill 2011

                                  Part 2—Accident Towing Services Act 2007
     s. 18


                                        "D" is the productivity adjustment figure
                                            specified in the recommendation under
                                            section 212A most recently made by
                                            the Commission or, if the Commission
5                                           has not made a recommendation under
                                            section 212A that relates to the relevant
                                            year, "D" is 0∙005.
                                   (2) If it is necessary for the purposes of this
                                       section to calculate an amount that consists
10                                     of or includes a fraction of a whole dollar,
                                       the amount is taken to be calculated in
                                       accordance with this section if the
                                       calculation is made to the nearest whole
                                       10 cents.
15                                 (3) If the variation under subsection (1) of the
                                       amount of a charge would reduce the amount
                                       of that charge, the amount of the charge must
                                       not be varied under subsection (1).
                                   (4) If the amount of a charge is varied under
20                                     subsection (1), VicRoads must publish a
                                       notice in the Government Gazette
                                       specifying—
                                         (a) the service to which the charge relates;
                                             and
25                                       (b) the amount of the charge as varied; and
                                         (c) the date from which the charge as
                                             varied applies.
                                   (5) In this section—
                                        March quarter means the period of three
30                                          months in any year that ends on
                                            31 March;
                                        relevant year means the financial year for
                                             which the adjusted amount is being
                                             varied.



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                    Accident Towing Services Amendment Bill 2011

                          Part 2—Accident Towing Services Act 2007
                                                                                     s. 18


                                         Division 4—Offences
                      212I Offence to charge unreasonable sum or
                           sum different to charge determined under
                           section 211
5                          (1) A person must not charge an amount for the
                               provision of an accident towing service, for
                               the storage of an accident damaged motor
                               vehicle or for the provision of salvage
                               services unless—
10                               (a) if a determination for the service has
                                     been made under section 211, the
                                     charge is determined in accordance
                                     with that determination; or
                                 (b) if no determination for the service has
15                                   been made under section 211, the
                                     charge is a reasonable charge for the
                                     provision of that service.
                                Penalty: 30 penalty units.
                           (2) Without limiting the factors the court may
20                             consider in determining what is a reasonable
                               charge for the provision of an accident
                               towing service for the purposes of subsection
                               (1)(b), the court must consider those of the
                               following factors that are relevant—
25                               (a) the nature of the service provided;
                                 (b) the day on which the service is
                                     provided;
                                 (c) the time at which the service is
                                     provided;
30                               (d) any administration costs incurred in the
                                     provision of the service;
                                 (e) the amount that would be charged for
                                     the provision of a similar service that is
                                     not an accident towing service;


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                            Accident Towing Services Amendment Bill 2011

                                  Part 2—Accident Towing Services Act 2007
     s. 19


                                         (f) the amount that would be charged for
                                             the same or similar service by any other
                                             person providing accident towing
                                             services in the same or similar area.
5                                  (3) In any proceedings against a person for an
                                       offence under subsection (1), if the offence is
                                       proved, the court may order that person to
                                       refund any amount paid in excess of the
                                       amount that may be charged under
10                                     subsection (1).
                             212J Offence to pay for obtaining work in
                                  respect of accident damaged motor vehicle
                                        A person must not, so as to obtain any work
                                        in respect of an accident damaged motor
15                                      vehicle, offer to pay any consideration, other
                                        than any charges for the towing or storage of
                                        the motor vehicle charged in accordance
                                        with this Act.
                                        Penalty: 30 penalty units.
20                          212K Offence to pay for handing over work in
                                 respect of accident damaged motor vehicle
                                        A person must not, so as to hand over any
                                        work to another in respect of an accident
                                        damaged motor vehicle, receive any
25                                      consideration, other than any charges for the
                                        towing or storage of the motor vehicle
                                        charged in accordance with this Act.
                                        Penalty: 30 penalty units.".
                   19 New Part 8 heading inserted
30                                Before section 213 of the Accident Towing
                                  Services Act 2007, insert—

                                            "PART 8—MISCELLANEOUS".




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                    Accident Towing Services Amendment Bill 2011

                          Part 2—Accident Towing Services Act 2007
                                                                                     s. 20


           20 Regulations
                          After section 223(1)(l) of the Accident Towing
                          Services Act 2007, insert—
                      "(la) providing the service of salvaging a motor
5                           vehicle;".
           21 Further amendment of the Accident Towing
              Services Act 2007
                          The section, or heading of a section, of the
                          Accident Towing Services Act 2007 specified in
10                        an item in the Schedule is amended as set out in
                          that item.
                                 __________________




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                                    Accident Towing Services Amendment Bill 2011

                             Part 3—Transport (Compliance and Miscellaneous) Act 1983
     s. 22


                                PART 3—TRANSPORT (COMPLIANCE AND
                                      MISCELLANEOUS) ACT 1983
                           22 Reference by Minister
    See:                          (1) In section 186(1)(b) of the Transport
    Act No.
5   9921.                             (Compliance and Miscellaneous) Act 1983, for
    Reprint No. 15                    "rates; or" substitute "rates—".
    as at
    1 July 2010
    and
                                  (2) Section 186(1)(c) of the Transport (Compliance
    amending                          and Miscellaneous) Act 1983 is repealed.
    Act Nos
    13/2009,
    93/2009,
    16/2010,
    19/2010,
    45/2010,
    52/2010,
    65/2010,
    75/2010 and
    79/2010.
    LawToday:
    www.
    legislation.
    vic.gov.au


                                              __________________




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                    Accident Towing Services Amendment Bill 2011

                    Part 4—Essential Services Commission Act 2001
                                                                                     s. 23


       PART 4—ESSENTIAL SERVICES COMMISSION ACT 2001
           23 Functions of the Commission
                  (1) In section 10(k) of the Essential Services                   See:
                                                                                   Act No.
                      Commission Act 2001, for "2007." substitute                  62/2001.
5                     "2007;".                                                     Reprint No. 3
                                                                                   as at
                                                                                   1 July 2008
                  (2) After section 10(k) of the Essential Services                and
                      Commission Act 2001, insert—                                 amending
                                                                                   Act Nos
                          "(l) to perform the functions conferred on the           70/2007 and
                                                                                   6/2010.
                               Commission by the Accident Towing                   LawToday:
10                             Services Act 2007.".                                www.
                                                                                   legislation.
                                                                                   vic.gov.au

           24 Restriction on disclosure of confidential information
                          In section 38 of the Essential Services
                          Commission Act 2001—
                           (a) in subsection (1)(a), after "or 51" insert
15                             "or under section 212E of the Accident
                               Towing Services Act 2007";
                           (b) in subsection (2)(c)(iii), for "or 52"
                               substitute "of this Act or section 212F of the
                               Accident Towing Services Act 2007";
20                         (c) in subsection (3)(c), for "or 52(2)" substitute
                               "of this Act or section 212F(2) of the
                               Accident Towing Services Act 2007".
                                 __________________




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                           Accident Towing Services Amendment Bill 2011

                                     Part 5—Repeal of Amending Act
    s. 25


                           PART 5—REPEAL OF AMENDING ACT
                  25 Repeal of amending Act
                                 This Act is repealed on 1 July 2012.
                       Note
5                      The repeal of this Act does not affect the continuing operation of
                       the amendments made by it (see section 15(1) of the
                       Interpretation of Legislation Act 1984).
                                       __________________




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                    Accident Towing Services Amendment Bill 2011


                                                                                 Sch.


                                  SCHEDULE

                                                                    Section 21

        FURTHER AMENDMENT OF THE ACCIDENT TOWING
                    SERVICES ACT 2007
5        1 In section 3(1), the definition of non-limited tow truck
           licence is repealed.
         2 In section 3(1), insert the following definition—
             "standard tow truck licence means a tow truck licence
                  that is not a limited tow truck licence;".
10       3 In the heading to section 17, for "non-limited" substitute
           "standard".
         4 In section 17, for "non-limited" substitute "standard".
         5 In the heading to section 18, for "non-limited" substitute
           "standard".
15       6 In section 18(1), for "non-limited" substitute "standard".
         7 In section 20(2), for "non-limited" substitute "standard".
         8 In the heading to section 21, for "non-limited" substitute
           "standard".
         9 In section 21, for "non-limited" substitute "standard".
20     10 In section 23(1), for "non-limited" (wherever occurring)
          substitute "standard".
                              ═══════════════




     571025B.I-4/5/2011                 25       BILL LA INTRODUCTION 4/5/2011
                          Accident Towing Services Amendment Bill 2011


Endnotes


                                               ENDNOTES




                           By Authority. Government Printer for the State of Victoria.




           571025B.I-4/5/2011                         26          BILL LA INTRODUCTION 4/5/2011

				
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