Welcome to issue 13 of Crash Towing Industry News.

Our regular newsletters provide important updates about the crash towing industry reforms including legislative changes that may affect how you operate. 

On 10 January 2025, new requirements for crash towing came into effect. This newsletter seeks to assist industry in understanding the role and powers of authorised officers as defined by the Towing Services Act 2024 (the Act).

Authorised officers

An authorised officer is:

• a police officer; or
• a person designated by the chief executive officer of the Department of Transport (DoT).

Authorised officers are issued with an identity card which they must carry when performing functions under the Act. An authorised officer is not compelled to show their identity card before they exercise a power but will produce it if it is practicable to do so. 

A person must not hinder or obstruct an authorised officer in the performance of a function under the Act. 

Penalty: $9,000 for an individual, and $45,000 for a body corporate

Powers of authorised officers

An authorised officer may exercise the powers set out in Part 6 of the Act for the purpose of monitoring compliance with the Act or investigating a suspected contravention of the Act. 

The Act provides powers that can only be exercised by an authorised officer. This includes powers, not limited to, directing a person to provide information or records, obtaining or seizing a record, device or equipment, entering premises, issuing improvement notices and orders to produce business records, and obtaining entry warrants.   

Directions by authorised officers

If an authorised officer reasonably suspects that a person has engaged in crash towing work, or is, or was, a crash towing service provider or their agent, the authorised officer may direct the person to:

• state their name, residential address and date of birth;
• give any information that is required; 
• answer questions put to them; or  
• produce a record that is in their possession or control.

If a record has been produced, the authorised officer may make a copy, an extract, download, print or seize the record, and retain it for as long as is necessary. 

There are other circumstances where authorised officers are empowered to direct the driver of a vehicle which will be covered in future newsletters. 

Requirement to comply with directions

A person must comply with a direction given by an authorised officer. 

If a person is directed to give any information, answer any question or produce any record, the person cannot refuse to comply with the authorised officer’s direction on the basis that the information, answer or record may incriminate them or render them liable to a penalty. 

Penalty: $5,000 for an individual, and $25,000 for a body corporate.

Orders to produce business record

An authorised officer may apply for an order to produce a business record to investigate a suspected contravention of the Act. 

An order to produce will name the person to whom the order applies and specify what records are needed, whether the original or a copy is required, where and when the records must be produced, the date and time when the order was issued, and the name of the Justice of the Peace who issued the order. 

A person who produces a business record in compliance with an order to produce cannot be sued under common law for producing that record. 

Failure to comply with an order to produce is an offence.

Penalty: $5,000 for an individual, and $25,000 for a body corporate.

Entry of premises by authorised officer 

An authorised officer may enter premises occupied by a person they reasonably suspect has engaged in crash towing work, is or was a crash towing service provider or their agent and may do any of the following at the premises:

• search the premises;
• inspect a vehicle parked at the premises;
• direct any person in charge of a vehicle, or any person in a vehicle, parked on the premises to give any information that is required, answer questions put to them or state their name, residential address; 
• make a still or moving image or recording of the premises and anything in or on the premises;
• operate a computer or other thing at the premises;
• make a copy of, take an extract from, download or print any record found at the premises or produced under a direction given by an authorised officer;
• seize a record found at the premises or produced under a direction given by an authorised officer, and retain it for as long as is reasonably necessary;
• direct the occupier of the premises, or any person at the premises, to give the authorised officer any assistance that the officer reasonably requires to monitor compliance with the Act or investigate a suspected contravention of the Act.

The power to enter premises can be exercised at any time:

• with the consent of the occupier of the premises; 
• under an entry warrant; or 
• if a business is carried on at the premises, any time during usual business hours without a warrant or consent of the occupier of the premises or any other person.

Assistance to exercise powers

An authorised officer may authorise as many other persons as are reasonably necessary in the circumstances, to assist in exercising their powers.

Once authorised, these persons can exercise the power or assist the authorised officer to exercise the power as required.

Assistance can be provided even if not requested, if the person reasonably suspects the authorised officer is lawfully entitled to exercise the power and needs assistance to do so. 

A person who is authorised by an authorised officer to exercise a power, or who is assisting with exercising that power, must follow any lawful and reasonable directions given by the authorised officer while performing or assisting them. 

Liability protections for acts or omissions extend to persons providing assistance to an authorised officer.   

Join us at an industry information session

DoT has conducted several information sessions to support the commencement of the Towing Services Act 2024, its supporting regulations, and associated activities.

Future information sessions will be based on industry demand. To express your interest in attending a future session in Perth, Peel, regional areas or online, please register your interest by completing the form below

Contact us

If you are unable to locate the information you require on our website, please submit your enquiry below or contact us on (08) 9320 4111 between 8 am to 4.30 pm weekdays.