Accident Towing Services Amendment (Licence Fees) Regulations 2010

i Accident Towing Services Amendment (Licence Fees) Regulations 2010 S.R. No. 63/2010 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Commencement 1 4 Regulation 13 substituted 2 13 Lost, stolen or destroyed certificates 2 13A Annual licence fees 2 13B Alteration of specified depot 3 ═══════════════ ENDNOTES 6 -- 1 of 7 -- 1 STATUTORY RULES 2010 S.R. No. 63/2010 Accident Towing Services Act 2007 Accident Towing Services Amendment (Licence Fees) Regulations 2010 The Governor in Council makes the following Regulations: Dated: 30 June 2010 Responsible Minister: TIM PALLAS Minister for Roads and Ports TOBY HALLIGAN Clerk of the Executive Council 1 Objective The objective of these Regulations is to provide for certain fees to be payable in respect of tow truck licences. 2 Authorising provision These Regulations are made under section 223 of the Accident Towing Services Act 2007. 3 Commencement These Regulations come into operation on 1 July 2010. -- 2 of 7 -- S.R. No. 63/2010 Accident Towing Services Amendment (Licence Fees) Regulations 2010 2 4 Regulation 13 substituted For regulation 13 of the Accident Towing Services Regulations 2008 1 substitute— "13 Lost, stolen or destroyed certificates (1) A licence holder must apply to VicRoads for a replacement tow truck licence certificate upon becoming aware that the tow truck licence certificate held by that person has been lost, stolen or destroyed. Penalty: 10 penalty units. (2) An application under subregulation (1) must— (a) be made in the manner and form determined by VicRoads; and (b) be accompanied by a fee of 1·8 fee units. (3) VicRoads must issue a replacement tow truck licence certificate for the purposes of subregulation (1) if it is satisfied that the certificate has been lost, stolen or destroyed. 13A Annual licence fees (1) If a regular tow truck licence has a specified depot in a controlled area, the holder of the tow truck licence must pay an annual licence fee of 70·13 fee units in respect of the tow truck for which the holder has the licence. (2) If a regular tow truck licence has a specified depot not within a controlled area, the holder of the tow truck licence must pay an annual licence fee of 13·98 fee units in respect of the tow truck for which the holder has the licence. r. 4 -- 3 of 7 -- S.R. No. 63/2010 Accident Towing Services Amendment (Licence Fees) Regulations 2010 3 (3) The holder of a heavy tow truck licence must pay an annual licence fee of 13·98 fee units in respect of the tow truck for which the holder has the licence. (4) The annual licence fees required to be paid under this regulation are payable at the beginning of each financial year. (5) Despite subregulation (4), if a person is issued with a regular tow truck licence or a heavy tow truck licence after the start of a financial year, the annual licence fee is to be reduced on a pro rata basis, calculated from the day the licence is issued. (6) VicRoads may permit the holder of a regular tow truck licence that has a specified depot in a controlled area to pay the annual licence fee required to be paid under subregulation (1) in instalments. 13B Alteration of specified depot (1) The holder of a tow truck licence may apply in writing to VicRoads for the depot specified in the tow truck licence to be altered. (2) On receiving an application under subregulation (1), VicRoads may alter the depot specified in the tow truck licence by substituting another depot for the depot so specified. (3) An application under subregulation (1) must— (a) include— (i) the tow truck licence number; and (ii) the name, address and telephone number of the licence holder, and the Australian Company Number r. 4 -- 4 of 7 -- S.R. No. 63/2010 Accident Towing Services Amendment (Licence Fees) Regulations 2010 4 of the licence holder if the licence holder is a company; and (iii) the address of the current depot; and (iv) the address of the proposed depot; and (v) the existing tow truck services available at or near the proposed depot; and (vi) how the present tow truck services (if any) at or near the proposed depot are inadequate to meet all reasonable public demand; and (vii) the advantages of the change of depot to the public at or near the proposed depot; and (viii) the impact that the services from the proposed depot would have on any existing accident towing services businesses near the proposed depot; and (ix) the effect on the public at or near the current depot, if the proposed depot change is approved; and (b) be accompanied by— (i) a fee of 13·98 fee units; and (ii) a written statement from the municipal council in which the proposed depot would be located supporting the application; and (iii) evidence that the applicant has the right to conduct an accident towing services business from the proposed depot; and r. 4 -- 5 of 7 -- S.R. No. 63/2010 Accident Towing Services Amendment (Licence Fees) Regulations 2010 5 (iv) any other information the applicant wishes to provide in support of the application, including any written statement supporting the application from any other government body, industry group, company or individual. (4) For the purposes of subregulation (3)(b)(iii), evidence that the applicant has the right to conduct an accident towing services business from the proposed depot includes— (a) a council rates notice in the name of the licence holder; and (b) a lease agreement giving the licence holder the right to conduct an accident towing services business from the proposed depot.". ═══════════════ r. 4 -- 6 of 7 -- S.R. No. 63/2010 Accident Towing Services Amendment (Licence Fees) Regulations 2010 6 ENDNOTES 1 Reg. 4: S.R. No. 169/2008 as amended by S.R. No. 80/2009. —— Fee Units These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004. The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit. The value of a fee unit for the financial year commencing 1 July 2010 is $11.95. The amount of the calculated fee may be rounded to the nearest 10 cents. The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. Penalty Units These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit. The value of a penalty unit for the financial year commencing 1 July 2010 is $119.45. The amount of the calculated penalty may be rounded to the nearest dollar. The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. Endnotes -- 7 of 7 --