Queensland Numbered Acts

TOW TRUCK ACT 2023 - SCHEDULE 3

SCHEDULE 3 – Dictionary

"accreditation" means—

(a) an assistant accreditation; or

(b) a driver accreditation; or

(c) an operator accreditation.

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

(b) an authorised officer.

(a) a charge on arrest;

(b) a notice to appear served under the Police Powers and Responsibilities Act 2000 , section 382 ;

(c) a complaint under the Justices Act 1886 ;

(d) a charge by a court under the Justices Act 1886 , section 42 (1A) or another provision of an Act;

(e) an indictment.

(a) means—

(i) personal information; or

(ii) information or a document about a person’s affairs; and

(b) includes a digital photo of a person and a digitised signature of a person.

(a) despite section 6 of that Act—a conviction of the person to which the section applies; and

(b) despite section 5 of that Act—a charge made against the person that has not been dealt with by a court, or withdrawn or otherwise discontinued.

(a) a person who is employed, engaged or acting in connection with the conduct of the tow truck business, including a person who works under a contract for services; and

Examples—

• a person who is employed to carry out administrative duties for the authorised tow truck business

• a security guard employed or engaged at an authorised holding yard for the operator accreditation

(b) if the operator accreditation is held by a corporation—an executive officer of the corporation; and

(c) if the operator accreditation is held by a partnership—a partner in the partnership.

(a) on a road; or

(b) at a place other than on a road if, immediately before the collision or impact, the vehicle was travelling on a road.

(a) the decision; and

(b) the reasons for the decision; and

Note—

See the Acts Interpretation Act 1954 , section 27B for matters that must be included with the reasons.

(c) that the person to whom the notice is given may ask for a review of the decision under this Act; and

(d) how, and the period within which, a review under this Act for the decision may be started; and

(e) how a stay of the operation of the decision may be applied for under this Act.

Examples of movable property—

a laptop, a mobile phone, a handbag, jewellery or clothing

(a) of a place, for part 5 —see section 82 ; or

(b) of private property—means a person who may lawfully exclude other persons from the property.

(a) means to drive or otherwise operate the tow truck for consideration or in the course of a business or trade; and

(b) includes offering to do a thing mentioned in paragraph (a) .

(a) of a thing that has been seized under part 5 , for part 5 —see section 82 ; or

(b) of a motor vehicle, includes—

(i) a joint or part owner of the motor vehicle; and

(ii) for a motor vehicle registered under the Transport Operations (Road Use Management) Act 1995 or under a law of the Commonwealth or another State that provides for the registration of motor vehicles—each person in whose name the vehicle is registered; and

(iii) for a motor vehicle the subject of a hiring agreement, hire-purchase agreement or leasing agreement—the person who has the use of the vehicle as hirer or lessee under the agreement; and

(iv) a person who has, and is authorised to have, control, charge or management of the motor vehicle.

(a) from which the individual’s identity is apparent or can reasonably be ascertained; and

(b) whether or not the information or opinion is true or is recorded in a material form.

(a) means land, or a road over land, from which the occupier of the land may lawfully exclude other persons; but

(b) does not include land or a road controlled by—

(i) the Commonwealth; or

(ii) the State; or

(iii) a local government.

Note—

See also section 157 .

(a) the area within a radius of 500m from the approximate point of the collision or impact constituting the incident; and

(b) in relation to a motor vehicle damaged in an incident on a prescribed road that is towed from the road to another location as part of a tow to safety service—

(i) the other location; and

(ii) the area within a radius of 500m from the other location.

(a) the period stated in the show cause notice for making representations; or

(b) if the period for making representations is extended under section 39 (4) —the period as extended.

(a) is provided—

(i) by the State; or

(ii) under a contractual arrangement with the State, or another entity that is responsible for operating a prescribed road; and

(b) involves moving a motor vehicle damaged in an incident on a prescribed road from the road to another location free of charge to the owner of the vehicle.