Queensland Consolidated Acts

TOW TRUCK ACT 1973

- As at 1 February 2024 
- Act 39 of 1973 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY PROVISIONS

   1.      Short title
   2.      Commencement
   3.      (Repealed)
   4.      Definitions
   4A.     Further provision for definition motor vehicle
   4B.     Members of firm or partnership
   4C.     Who is an appropriate person
   4D.     Meaning of towing consent

   PART 2 - LICENCES

   5.      Requirement as to licence for tow truck
   6.      Application for licence
   7.      Form and authority of licence
   8.      Term of licence
   9.      Renewal of licence
   10.     Imposition of conditions of licence
   11.     Permits to tow motor vehicles
   12.     Conditions of licence

   PART 3 - CERTIFICATES

           Division 1 - General

   13.     Required certificates etc.
   14.     Application for driver’s or assistant’s certificate
   14A.    Decision on application
   15.     Written notice of granting of certificate and of conditions or variations
   16.     What driver’s or assistant’s certificate authorises
   17.     Term of driver’s or assistant’s certificate
   17A.    Renewal of driver’s or assistant’s certificate
   18.     Driver’s certificate dependent on driver licence
   19.     Permit for applicant for driver’s or assistant’s certificate

           Division 2 - (Repealed)

           Division 3 - Restricted release of information about driver’s certificate or assistant’s certificate

   19H.    Restricted written release of information
   19I.    Restricted oral release of particular information

   PART 4 - AUTHORITIES AND PERMITS

           Division 1 - Preliminary

   20.     Definitions for pt 4
   21.     Consideration of public interest for pt 4

           Division 2 - Cancellation, suspension, amendment and surrender of authorities

   21AA.   (Repealed)
   21A.    Cancellation or suspension of authorities
   21B.    Immediate suspension of authority
   21C.    Further action after immediate suspension
   21D.    Amending, suspending or cancelling authority
   21E.    Other amendments of authorities
   21F.    Surrender of authority on authority holder’s request
   21G.    Delivery of cancelled or suspended authority

           Division 3 - Record keeping

   21H.    Records

   PART 4A - POWERS OF AUTHORISED OFFICERS RELATING TO PRESCRIBED MOTOR VEHICLES

   21I.    Entry to places
   21J.    Powers

   PART 5 - OFFENCES

   22.     Authority to repair
   23.     Consideration for obtaining certain information or work
   24.     False statements and representations, and coercion
   25.     Offences with respect to authorised officers
   26.     Excess of authority
   27.     Execution against motor vehicle
   27A.    Obtaining, or attempting to obtain, towing consent
   27B.    Storing private property motor vehicle at unlicensed place

   PART 6 - REVIEW

   27A.    (Repealed)
   28.     Internal review of decisions
   29.     Review of decisions by QCAT
   30.     (Repealed)
   31.     (Repealed)
   32.     (Repealed)
   33.     (Repealed)

   PART 7 - GENERAL PROVISIONS

   34.     Smartcard certificate is property of the State
   35.     Production of particular documents
   35A.    Production of document evidencing driver’s certificate or permit before commencing a tow
   36.     Chief executive may obtain information from police commissioner—criminal history
   36A.    Notice of change in police information about a person—criminal history
   36AA.   (Repealed)
   36B.    Exchange of information
   36C.    Confidentiality
   37.     Evidentiary matters
   37A.    Application of Act in relation to particular motor vehicles
   38.     Exemptions
   39.     Service of documents
   40.     Offences generally and penalty
   41.     (Repealed)
   42.     Indemnity to persons administering Act
   42A.    Approval of forms
   43.     Regulation-making power

   PART 8 - TRANSITIONAL PROVISIONS

           Division 1 - Transitional provision for 1973 No. 39

   44.     Tow-truck Act 1973 references

           Division 2 - Transitional provision for Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013

   45.     Applications not finally decided

           Division 3 - Transitional provision for Holidays and Other Legislation Amendment Act 2015

   46.     Digital photos and digitised signatures

           Division 4 - Transitional provisions for Serious and Organised Crime Legislation Amendment Act 2016

   47.     Definition for division
   48.     Applications not finally decided
   49.     Show cause process not finally decided
   50.     Proceedings not finally decided

           Division 5 - Transitional provision for Tow Truck and Other Legislation Amendment Act 2018

   51.     Existing licence applications
           SCHEDULE 1
           SCHEDULE 2