Towing Services Act 2024
Towing Services Amendment Regulations 2026
Towing Services Act 2024
Towing Services Amendment Regulations 2026
Western Australia
Towing Services Amendment Regulations 2026
Contents
Part 1 — Preliminary
1.Citation1
2.Commencement1
3.Regulations amended1
Part 2 — Amendments commencing on 1 July 2026
4.Regulation 3 amended2
5.Part 2 Division 1A inserted3
Division 1A — Authorisation of towing businesses
Subdivision 1 — Applications for towing business authorisations
3A.Information to be included in towing business authorisation application (s. 17(4)(e))3
3B.Documents to be included in towing business authorisation application (s. 17(4)(e))4
3C.Declaration as to persons nominated as responsible officers5
Subdivision 2 — Grant, duration and renewal of towing business authorisations
3D.Requirement to have storage yard (s. 19(2)(e))5
3E.Conditions specifying tow trucks, storage yards and towing workers6
3F.Duration of towing business authorisation (s. 26(1))7
3G.Renewal of towing business authorisation7
3H.Surrender of towing business authorisation10
Subdivision 3 — Responsible officers
3I.Responsible officer must be ordinarily resident in Australia (s. 18(f))10
3J.At least 1 responsible officer to be resident in State10
3K.Nomination of additional or replacement responsible officer10
3L.Acceptance of or refusal to accept nomination of additional or replacement responsible officer12
Subdivision 4 — Disqualification
3M.Disqualification offences and disqualification periods (s. 150)14
3N.Reinstatement of authorisation if conviction quashed or set aside (s. 151(4))14
3O.Requirement to notify CEO of charge or conviction for disqualification offence15
Subdivision 5 — Changes to information
3P.Towing service provider to notify change in circumstances15
3Q.Notice of appointment or election of new director or management committee member and criminal record check16
3R.Notice of additional towing worker and criminal record check17
Subdivision 6 — Offences relating to advertising by towing service providers
3T.Name or authorisation number of provider must be included in advertising17
Subdivision 7 — Miscellaneous
3U.List of authorised towing businesses (s. 28)18
6.Regulation 7 amended18
7.Regulations 9A and 9B inserted19
9A.Towing service provider must maintain telephone number and provide information in relation to vehicles19
9B.Towing service provider must have insurance20
8.Part 2 Division 2 Subdivision 1 inserted21
Subdivision 1 — Requirements as to storage yards
9C.Security at storage yard21
9D.Signage at storage yard22
9E.Exclusive possession and control of storage yard23
9F.Areas for storage and release of towed vehicles23
9G.Compliance with local government and planning requirements24
9.Part 2 Division 2 Subdivision 2 heading inserted24
Subdivision 2 — General requirements
10.Regulation 10 amended25
11.Regulation 13 amended25
12.Regulation 21 amended27
13.Regulation 35 amended27
14.Regulation 49 amended27
15.Regulation 54 amended28
16.Regulation 60A inserted28
60A.Towing worker must hold current driver licence28
17.Regulation 63 amended29
18.Regulation 65 replaced30
65.Information that CEO may disclose to relevant authority (s. 79)30
19.Regulation 72 amended32
20.Regulations 72A to 72C inserted32
72A.Review of decisions (s. 139)32
72B.Fees32
72C.Waiver of fees32
21.Part 10 Division 1 heading inserted33
Division 1 — Transitional provisions for Towing Services Regulations 2025
22.Regulation 73 amended33
23.Part 10 Division 2 inserted33
Division 2 — Transitional provisions for Towing Services Amendment Regulations 2026
76.Temporary exemption from s. 13 of Act and r. 3S for regional towing service providers33
77.Application of r. 13 during transitional period35
24.Schedule 1 amended35
25.Schedules 3 and 4 inserted36
Schedule 3 — Fees
Schedule 4 — Disqualification offences and disqualification periods: towing business authorisations
1.Disqualification offences and disqualification periods: towing service providers, responsible officers and close associates36
Part 3 — Amendment commencing on 1 September 2026
26.Regulation 3S inserted47
3S.Offence to offer or advertise towing business unless authorised47
Towing Services Act 2024
Towing Services Amendment Regulations 2026
Made by the deputy of the Governor in Executive Council.
These regulations come into operation as follows —
(a)Part 1 — on the day on which these regulations are published on the WA legislation website;
(b)Part 2 — on 1 July 2026;
(c)the rest of the regulations — on 1 September 2026.
These regulations amend the Towing Services Regulations 2025.
Part 2 — Amendments commencing on 1 July 2026
(1)In regulation 3 delete the definition of foreign driving authorisation.
(2)In regulation 3 insert in alphabetical order:
identified organisation means an organisation named in the Criminal Law (Unlawful Consorting and Prohibited Insignia) Act 2021 Schedule 2;
member, of an identified organisation, means a person —
(a)who has been accepted as a member of the organisation, whether informally or through a process set by the organisation; or
(b)who identifies in any way as belonging to the organisation; or
(c)whose conduct in relation to the organisation would reasonably lead another person to consider the person to be a member of the organisation;
relevant individual, in relation to an application for a towing business authorisation or a renewal of a towing business authorisation, means —
(a)if the applicant is an individual — the applicant; or
(b)if the applicant is a partnership — each partner of the partnership; or
(c)if the applicant is a company — each director of the company; or
(d)if the applicant is an incorporated association — each member of the management committee of the association;
At the beginning of Part 2 insert:
Division 1A — Authorisation of towing businesses
Subdivision 1 — Applications for towing business authorisations
3A.Information to be included in towing business authorisation application (s. 17(4)(e))
For the purposes of section 17(4)(e) of the Act, an application for a towing business authorisation must include the following information —
(a)the following details of each towing worker who the applicant proposes will engage in towing work for the purposes of the business —
(i)name;
(ii)Australian driver licence number;
(b)the following details of each tow truck that the applicant proposes to use in the conduct of the business —
(i)make and model;
(ii)number plate details;
(iii)tow truck class;
(c)in relation to each storage yard that the applicant proposes to use in the conduct of the business —
(i)a description of the premises and the location of the premises; and
(ii)evidence that the storage yard complies with Division 2 Subdivision 1;
(d)whether a relevant individual, a person nominated under section 17(4)(c) of the Act in the application, or a close associate of the applicant —
(i)has previously held a towing business authorisation, or an equivalent authorisation in another State or a Territory, that has been cancelled; or
(ii)has previously made an application for a towing business authorisation, or an equivalent authorisation in another State or a Territory, that was refused;
(e)whether a relevant individual, a person nominated under section 17(4)(c) of the Act in the application, or a towing worker referred to in paragraph (a), is a member of an identified organisation.
3B.Documents to be included in towing business authorisation application (s. 17(4)(e))
For the purposes of section 17(4)(e) of the Act, an application for a towing business authorisation must include the following —
(a)a criminal record check, that is dated no earlier than 3 months before the day on which the application is made, for —
(i)each relevant individual; and
(ii)each person nominated under section 17(4)(c) of the Act in the application; and
(iii)each towing worker referred to in regulation 3A(a);
(b)any other documents required by the approved form.
3C.Declaration as to persons nominated as responsible officers
The declaration required under section 17(4)(d) of the Act must be made by a relevant individual in relation to the application.
Subdivision 2 — Grant, duration and renewal of towing business authorisations
3D.Requirement to have storage yard (s. 19(2)(e))
(1)For the purposes of section 19(2)(e) of the Act, the CEO must not grant a towing business authorisation unless the CEO is satisfied that —
(a)the applicant proposes to use at least 1 storage yard in the conduct of the regulated towing business; and
(b)each storage yard to be used by the applicant in the conduct of the regulated towing business complies with the requirements of Division 2 Subdivision 1.
(2)For the purpose of determining whether the requirements of Division 2 Subdivision 1 are satisfied in relation to a storage yard, the CEO may require the applicant to give an authorised officer access to the storage yard to inspect the storage yard.
3E.Conditions specifying tow trucks, storage yards and towing workers
(1)The CEO may impose conditions on a towing business authorisation under section 22(a) of the Act that —
(a)specify the tow trucks that may be used by the authorised towing service provider in the conduct of a regulated towing business; and
(b)require that the provider use only the specified tow trucks in the conduct of the regulated towing business.
(2)The CEO may impose conditions on a towing business authorisation under section 22(a) of the Act that —
(a)specify the storage yards that may be used by the authorised towing service provider in the conduct of a regulated towing business; and
(b)require that the provider use only the specified storage yards in the conduct of the regulated towing business.
(3)The CEO may impose conditions on a towing business authorisation under section 22(a) of the Act that —
(a)specify the towing workers that may engage in towing work for the purposes of the regulated towing business; and
(b)require the authorised towing service provider to ensure that only the specified towing workers engage in towing work for the purposes of the regulated towing business.
(4)Nothing in this regulation limits the CEO’s power to impose conditions under section 22(a) of the Act.
3F.Duration of towing business authorisation (s. 26(1))
(1)An authorisation document issued to an authorised towing service provider must specify the day on which the authorisation comes into force.
(2)For the purposes of section 26(1) of the Act, a towing business authorisation granted under section 19 of the Act or regulation 3G(6) —
(a)is granted for the period of 12 months beginning on the day on which the authorisation comes into force; and
(b)expires at the end of the last day of that period.
3G.Renewal of towing business authorisation
(1)An authorised towing service provider may apply to the CEO in the approved form for a renewal of the towing business authorisation (the prior authorisation).
(2)An application under subregulation (1) must be made within the period of 2 months ending on the day on which the prior authorisation expires.
(3)An application under subregulation (1) must include the following —
(a)the information referred to in regulation 3A(a) in relation to each towing worker who the provider proposes will engage in towing work for the purposes of the regulated towing business (other than any towing worker specified in a condition on the prior authorisation under regulation 3E(3));
(b)the information referred to in regulation 3A(b) in relation to each tow truck that the provider proposes to use in the conduct of the regulated towing business (other than any tow truck specified in a condition on the prior authorisation under regulation 3E(1));
(c)the information referred to in regulation 3A(c) in relation to each storage yard that the provider proposes to use in the conduct of the regulated towing business (other than any storage yard specified in a condition on the prior authorisation under regulation 3E(2));
(d)if no criminal record check has been given to the CEO for an individual referred to in subregulation (4) or the last criminal record check given to the CEO for an individual referred to in subregulation (4) is dated earlier than 5 years before the day on which the application is made — a criminal record check for the individual that is dated no earlier than 3 months before that day;
(e)any other documents required by the approved form.
(4)Subregulation (3)(d) applies to the following —
(a)each relevant individual;
(b)each responsible officer of the towing service provider;
(c)each towing worker who the provider proposes will engage in towing work for the purposes of the regulated towing business.
(5)The CEO may, by written notice given to the applicant, require the applicant to provide further information relevant to the application that is specified in the notice within the time specified in the notice.
(6)The CEO must grant a further towing business authorisation to the applicant if —
(a)the application is made in accordance with subregulations (1) to (3); and
(b)the applicant pays the applicable authorisation fee prescribed under regulation 72B within the period referred to in subregulation (2); and
(c)the applicant complies with any notice given under subregulation (5).
(7)Despite subregulation (6), the CEO —
(a)may refuse to grant a further towing business authorisation to the applicant if —
(i)the prior authorisation is suspended; or
(ii)any of the grounds for making an order suspending or cancelling the prior authorisation under section 29(1) or 30(1) or (4) of the Act apply;
and
(b)must refuse to grant a further towing business authorisation if section 30(2) or (3) of the Act applies in relation to the prior authorisation.
(8)The authorisation document issued under section 20 of the Act for a further towing business authorisation granted under subregulation (6) must specify —
(a)the same authorisation number as the prior authorisation; and
(b)the day on which the authorisation comes into force, which must be the day after the day on which the prior authorisation expires.
3H.Surrender of towing business authorisation
(1)An authorised towing service provider may, by written notice given to the CEO, surrender the towing business authorisation.
(2)If an authorised towing service provider surrenders a towing business authorisation, the CEO must cancel the authorisation by written notice given to the authorised towing service provider stating the day on which the cancellation takes effect.
(3)A person who surrenders a towing business authorisation is not entitled to any refund of a fee paid in connection with the authorisation or any part of such a fee.
Subdivision 3 — Responsible officers
3I.Responsible officer must be ordinarily resident in Australia (s. 18(f))
For the purposes of section 18(f) of the Act, an individual nominated under section 17(4)(c) of the Act or regulation 3K must be ordinarily resident in Australia.
3J.At least 1 responsible officer to be resident in State
It is a condition of a towing business authorisation that the authorised towing service provider must take all reasonable steps to ensure that at all times there is at least 1 responsible officer of the towing service provider who is a resident of the State.
3K.Nomination of additional or replacement responsible officer
(1)An authorised towing service provider may at any time, by written notice given to the CEO, nominate 1 or more additional individuals who meet the criteria in section 18 of the Act to be responsible officers to represent the provider in the conduct of the regulated towing business.
(2)An authorised towing service provider may at any time, by written notice given to the CEO, withdraw the nomination of an individual to represent the provider in the conduct of the regulated towing business.
(3)If an individual who is a responsible officer of an authorised towing service provider ceases to meet the criteria in section 18 of the Act, the provider must, as soon as practicable, give the CEO written notice withdrawing the nomination of the individual to represent the provider in the conduct of the regulated towing business.
Penalty for this subregulation:
(a)for an individual, a fine of $5 000;
(b)for a body corporate, a fine of $25 000.
(4)The nomination of an individual ceases when a notice under subregulation (2) or (3) is given to the CEO.
(5)If the CEO is satisfied that a responsible officer has ceased to meet the criteria in section 18 of the Act, the CEO may, by written notice given to the authorised towing service provider, state that the nomination ceases.
(6)A notice given under subregulation (5) takes effect on the day on which the notice is given.
(7)Subregulation (8) applies if an authorised towing service provider ceases, or becomes aware that the provider will cease, to have either of the following —
(a)at least 1 responsible officer who is a resident of the State;
(b)if the provider is a body corporate — at least 1 responsible officer who is a director or manager of the body corporate.
(8)The provider must as soon as practicable give written notice to the CEO nominating 1 or more replacement individuals to represent the authorised towing service provider in conducting the regulated towing business, so that the provider has a responsible officer or officers meeting the criteria in subregulation (7)(a) and (b).
Penalty for this subregulation:
(a)for an individual, a fine of $5 000;
(b)for a body corporate, a fine of $25 000.
(9)When a nomination under subregulation (1) or (8) is made, the provider must —
(a)pay the nomination fee prescribed under regulation 72B; and
(b)give the CEO a criminal record check for each nominated individual that is dated no earlier than 3 months before the day on which the nomination is made.
Note for this regulation:
Under section 18 of the Act, an individual must meet the criteria in that section in order to be nominated under this regulation to represent the authorised towing service provider in conducting a regulated towing business.
3L.Acceptance of or refusal to accept nomination of additional or replacement responsible officer
(1)The CEO may accept the nomination of an individual by an authorised towing service provider under regulation 3K(1) or (8) if the CEO is satisfied that the individual meets the criteria in section 18 of the Act.
(2)The CEO may refuse to accept the nomination of an individual by an authorised towing service provider under regulation 3K(1) or (8) if —
(a)the individual has previously held a towing business authorisation, or an equivalent authorisation in another State or a Territory, and that authorisation has been cancelled; or
(b)the individual has been charged with a disqualification offence.
(3)The CEO must refuse to accept the nomination of an individual by an authorised towing service provider under regulation 3K(1) or (8) if —
(a)each of the following applies —
(i)the individual has been convicted of a disqualification offence;
(ii)the conviction has not been quashed or set aside;
(iii)the disqualification period prescribed under regulation 3M in relation to the disqualification offence has not passed since the conviction;
or
(b)for a nomination under regulation 3K(8) — the nomination will not result in the provider having a responsible officer or officers meeting the criteria in regulation 3K(7)(a) and (b).
(4)The CEO must give written notice of the acceptance of or refusal to accept a nomination under regulation 3K(1) or (8) to the authorised towing service provider.
Subdivision 4 — Disqualification
3M.Disqualification offences and disqualification periods (s. 150)
Schedule 4 provides for —
(a)the offences that are disqualification offences in relation to towing service providers, close associates of towing service providers and responsible officers of towing service providers; and
(b)the disqualification periods for those disqualification offences.
3N.Reinstatement of authorisation if conviction quashed or set aside (s. 151(4))
(1)This regulation applies if —
(a)a towing business authorisation has been cancelled under section 30(2), (3) or (4) of the Act because the towing service provider, or a responsible officer or close associate of the provider, has been convicted of a disqualification offence; and
(b)the conviction is quashed or set aside on or before the day on which the authorisation would have expired.
(2)On application by the provider, the CEO must, by written notice given to the provider, reinstate the authorisation and issue a further authorisation document to the provider specifying the same authorisation number as the cancelled authorisation.
(3)A reinstated authorisation remains in force until —
(a)it is cancelled; or
(b)it expires under regulation 3F(2)(b) at the end of the period of 12 months beginning on the day on which it originally came into force.
3O.Requirement to notify CEO of charge or conviction for disqualification offence
If an authorised towing service provider, or a responsible officer or close associate of the provider, is charged with or convicted of a disqualification offence, the provider must give written notice of the charge or conviction to the CEO as soon as practicable after becoming aware of the charge or conviction.
Penalty:
(a)for an individual, a fine of $5 000;
(b)for a body corporate, a fine of $25 000.
Subdivision 5 — Changes to information
3P.Towing service provider to notify change in circumstances
An authorised towing service provider must give written notice to the CEO, as soon as practicable after becoming aware of the change, if there is a change in any of the information that is given to the CEO —
(a)in the application for the towing business authorisation; or
(b)in an application for renewal of the towing business authorisation; or
(c)under this regulation.
Penalty:
(a)for an individual, a fine of $5 000;
(b)for a body corporate, a fine of $25 000.
3Q.Notice of appointment or election of new director or management committee member and criminal record check
(1)This regulation applies if —
(a)an authorised towing service provider that is a company appoints a new director of the company; or
(b)an authorised towing service provider that is an incorporated association elects or appoints a new member of the management committee of the association.
(2)Without limiting regulation 3P, the provider must, as soon as practicable after the appointment or election, give the CEO the following —
(a)written notice of the appointment or election;
(b)a criminal record check for the new director or member (as the case may be) that is dated no earlier than 3 months before the day on which it is given to the CEO;
(c)information about whether the new director or member (as the case may be) —
(i)has previously held a towing business authorisation, or an equivalent authorisation in another State or a Territory, that has been cancelled; or
(ii)has previously made an application for a towing business authorisation, or an equivalent authorisation in another State or a Territory, that was refused;
(d)information about whether the new director or member (as the case may be) is a member of an identified organisation.
Penalty for this subregulation: a fine of $25 000.
3R.Notice of additional towing worker and criminal record check
(1)This regulation applies if an authorised towing service provider proposes that an individual who is not a towing worker notified to the CEO under regulation 3A(a) or 3G(3)(a) will engage in towing work for the purposes of the provider’s regulated towing business.
(2)Without limiting regulation 3P, before the individual first engages in towing work for the purposes of the business, the provider must give the CEO —
(a)written notice of the proposed additional towing worker, including the details referred to in regulation 3A(a)(i) and (ii); and
(b)a criminal record check for the individual that is dated no earlier than 3 months before the day on which it is given to the CEO; and
(c)information about whether the individual is a member of an identified organisation.
Penalty for this subregulation:
(a)for an individual, a fine of $5 000;
(b)for a body corporate, a fine of $25 000.
Subdivision 6 — Offences relating to advertising by towing service providers
3T.Name or authorisation number of provider must be included in advertising
An authorised towing service provider must not advertise, or authorise or permit the publication of an advertisement for, a regulated towing business unless the advertisement includes at least 1 of the following (as published in the list under section 28 of the Act) —
(a)the authorisation number of the provider;
(b)the name of the provider;
(c)a business name used by the provider in connection with the towing business.
Penalty:
(a)for an individual, a fine of $9 000;
(b)for a body corporate, a fine of $45 000.
3U.List of authorised towing businesses (s. 28)
The list of all authorised towing service providers published under section 28 of the Act must include the following information about each provider —
(a)the authorisation number of the provider;
(b)the name of the provider;
(c)each business name used by the provider in connection with the towing business.
(1)In regulation 7 delete “A towing” and insert:
(1)A towing
(2)In regulation 7 delete the Penalty.
(3)At the end of regulation 7 insert:
(2)Subregulation (1) is specified as a safety standard for a towing service provider.
(3)A towing service provider that contravenes subregulation (1) commits an offence.
Penalty for this subregulation:
(a)for an individual, a fine of $9 000;
(b)for a body corporate, a fine of $45 000.
7.Regulations 9A and 9B inserted
At the end of Part 2 Division 1 insert:
9A.Towing service provider must maintain telephone number and provide information in relation to vehicles
(1)A towing service provider in relation to a regulated towing business must —
(a)maintain a telephone number for enquiries in relation to the towing of motor vehicles by the towing service provider; and
(b)ensure that an individual can be contacted on that telephone number to provide the information referred to in subregulation (2) —
(i)at all times during business hours; and
(ii)if a motor vehicle is towed by the towing service provider — at all times when the vehicle is being towed and for at least 30 minutes after the vehicle arrives at the place to which it is authorised to be towed.
Penalty for this subregulation:
(a)for an individual, a fine of $5 000;
(b)for a body corporate, a fine of $25 000.
(2)A towing service provider in relation to a regulated towing business must ensure that a person who calls the telephone number referred to in subregulation (1) at a time referred to in that subregulation and claims to be a relevant person for a motor vehicle is given the following information about the vehicle —
(a)whether the vehicle is being or has been towed by the provider;
(b)if the vehicle is being towed as referred to in paragraph (a) — the place to which the vehicle is being towed and the time at which it is expected to arrive at that place;
(c)if the vehicle has been towed as referred to in paragraph (a) to a storage yard and has not been released — the storage yard to which the vehicle has been towed.
Penalty for this subregulation:
(a)for an individual, a fine of $5 000;
(b)for a body corporate, a fine of $25 000.
9B.Towing service provider must have insurance
(1)In this regulation —
authorised insurer means a person authorised under the Insurance Act 1973 (Cth) section 12 to carry on insurance business in Australia.
(2)A towing service provider in relation to a regulated towing business must take out and maintain, with an authorised insurer, a policy of insurance to indemnify the provider against liability in respect of any loss or theft of, or damage to —
(a)a vehicle that is towed or stored by the provider in the conduct of the regulated towing business; and
(b)personal property kept in a vehicle described in paragraph (a).
Penalty for this subregulation:
(a)for an individual, a fine of $9 000;
(b)for a body corporate, a fine of $45 000.
8.Part 2 Division 2 Subdivision 1 inserted
At the beginning of Part 2 Division 2 insert:
Subdivision 1 — Requirements as to storage yards
An authorised towing service provider must ensure that a storage yard used in the conduct of the provider’s regulated towing business —
(a)is enclosed by a fence at least 2.1 m in height that is structurally sound and has lockable gates and doors; and
(b)has flood lighting installed; and
(c)has a closed‑circuit television system or a monitored security alarm system installed.
Penalty:
(a)for an individual, a fine of $9 000;
(b)for a body corporate, a fine of $45 000.
(1)In this regulation —
sign includes lettering, symbols or markings, whether displayed on a separate board or panel or painted or affixed directly onto a wall, door or other surface.
(2)An authorised towing service provider must ensure that a sign that complies with subregulation (3) is installed near the main entrance of each storage yard used in the conduct of the provider’s regulated towing business.
Penalty for this subregulation:
(a)for an individual, a fine of $5 000;
(b)for a body corporate, a fine of $25 000.
(3)The sign must —
(a)be installed in a position clearly visible from the road; and
(b)display the following information —
(i)the towing service provider’s name, or a business name used by the towing service provider in connection with the regulated towing business;
(ii)the authorisation number of the provider;
(iii)the telephone number referred to in regulation 9A(1).
9E.Exclusive possession and control of storage yard
(1)An authorised towing service provider must not use a storage yard in the conduct of a regulated towing business unless the towing service provider —
(a)is —
(i)the registered proprietor of the premises; or
(ii)the leaseholder of the premises;
and
(b)has and retains exclusive possession and control of the whole of the premises.
(2)Without limiting subregulation (1)(b), an authorised towing service provider must not grant a lease, sublease or licence to, or otherwise confer a right to occupy on, another person in respect of any part of the premises.
(3)It is a condition of a towing business authorisation that the authorised towing service provider must comply with subregulations (1) and (2).
9F.Areas for storage and release of towed vehicles
(1)An authorised towing service provider must ensure that the following requirements are met in relation to each storage yard used in the conduct of the provider’s regulated towing business —
(a)the storage yard must include an area that —
(i)is adequate to accommodate vehicles towed to the premises; and
(ii)is constructed and located in such a way that a vehicle can be released from the area within a reasonable time after a request is made for its release;
(b)there must be a suitable area near the entrance to the storage yard (either inside or outside the yard) where vehicles can be parked for release to a relevant person for the vehicle.
(2)It is a condition of a towing business authorisation that the authorised towing service provider must comply with subregulation (1).
9G.Compliance with local government and planning requirements
(1)An authorised towing service provider must not use premises as a storage yard in the conduct of a regulated towing business unless all necessary approvals for the use of the premises as a storage yard have been obtained and are in force under —
(a)the Local Government Act 1995; and
(b)the Planning and Development Act 2005.
(2)It is a condition of a towing business authorisation that the authorised towing service provider must comply with subregulation (1).
9.Part 2 Division 2 Subdivision 2 heading inserted
Before regulation 10 insert:
Subdivision 2 — General requirements
In regulation 10 delete “near an entrance to the storage yard.” and insert:
in an area described in regulation 9F(1)(b).
(1)Before regulation 13(1) insert:
(1A)It is a condition of a towing business authorisation that the authorised towing service provider must comply with the requirements set out in this regulation.
(2)In regulation 13(1):
(a)delete “towing service provider in relation to a regulated towing business must, in accordance with this regulation, keep the following records in relation to the” and insert:
authorised towing service provider must, in accordance with this regulation, keep the following records in relation to the provider’s regulated towing
(b)in paragraph (a)(ii) delete “number or foreign driving authorisation number (if applicable);” and insert:
number;
(c)after paragraph (d)(iii) insert:
(iv)the details referred to in subregulation (2A) in relation to any access by a person to the vehicle while it is stored in a storage yard;
(3)In regulation 13(1) delete the Penalty.
(4)After regulation 13(2) insert:
(2A)For the purposes of subregulation (1)(d)(iv), the details are —
(a)the date and time of access to the vehicle;
(b)the name of the person accessing the vehicle;
(c)the reason (if any) given by the person for accessing the vehicle.
(2B)Without limiting subregulation (2) —
(a)if a record required to be kept under subregulation (1)(d)(ii) is kept in hard copy, it must be kept at the storage yard to which the vehicle is towed; and
(b)if a record required to be kept under subregulation (1)(e) is kept in hard copy, it must be kept —
(i)if the vehicle to which the record relates is towed to a storage yard — at the storage yard to which the vehicle is towed; or
(ii)if the vehicle to which the record relates is not towed to a storage yard — at a storage yard used in the conduct of the regulated towing business.
In regulation 21(2) delete “licence or foreign driving authorisation.” and insert:
licence.
Note: The heading to amended regulation 21 is to read:
Requirement to carry Australian driver licence
In regulation 35(4) after “authorisation” insert:
statement
In regulation 49(2):
(a)delete paragraph (a) and insert:
(a)$523; and
(b)in paragraph (b)(i) delete “$4.40” and insert:
$4.75
(c)in paragraph (b)(ii) delete “$138;” and insert:
$149;
In regulation 54(3):
(a)in paragraph (a)(i) delete “$25” and insert:
$27
(b)in paragraph (a)(ii) delete “$12.50” and insert:
$13.50
(c)in paragraph (b) delete “$88.” and insert:
$95.
After regulation 60 insert:
60A.Towing worker must hold current driver licence
(1)A towing worker must hold an Australian driver licence that is in force and not suspended at all times when the towing worker is doing any of the following for the purposes of a regulated towing business —
(a)engaging in towing work;
(b)unloading a vehicle from a tow truck;
(c)obtaining, or attempting to obtain, an authority to tow a vehicle.
(2)Subregulation (1) is specified as a safety standard for a towing worker.
(3)A towing worker who contravenes subregulation (1) commits an offence.
Penalty for this subregulation: a fine of $5 000.
(4)A towing service provider in relation to a regulated towing business that fails to ensure that a relevant towing worker complies with subregulation (1) commits an offence.
Penalty for this subregulation:
(a)for an individual, a fine of $5 000;
(b)for a body corporate, a fine of $25 000.
(1)In regulation 63(1) insert in alphabetical order:
Metropolitan Redevelopment Authority means the body established by the Metropolitan Redevelopment Authority Act 2011 section 4(1);
Western Australian Planning Commission means the body established by the Planning and Development Act 2005 section 7(1);
(2)After regulation 63(2)(b) insert:
(ba)the chair of the board of the Western Australian Planning Commission or a person employed in the department of the Public Service principally assisting in the administration of the Planning and Development Act 2005 who is nominated by the chair to the CEO;
(bb)the chief executive officer of the Metropolitan Redevelopment Authority or a person employed in the department of the Public Service principally assisting in the administration of the Metropolitan Redevelopment Authority Act 2011 who is nominated by the chief executive officer to the CEO;
Delete regulation 65 and insert:
65.Information that CEO may disclose to relevant authority (s. 79)
(1)In this regulation —
planning legislation means any of the following —
(a)the Hope Valley‑Wattleup Redevelopment Act 2000;
(b)the Metropolitan Redevelopment Authority Act 2011;
(c)the Local Government Act 1995;
(d)the Planning and Development Act 2005;
(e)the Swan Valley Planning Act 2020;
(f)without limiting the application of the Interpretation Act 1984 section 46(1) to paragraphs (a) to (e), a plan or scheme referred to in paragraph (c), (d), (f), (g), (i) or (j) of the definition of scheme in the Environmental Protection Act 1986 section 3(1).
(2)For the purposes of section 79(1)(b) of the Act, the following information is information that may be disclosed to a relevant authority —
(a)in relation to a relevant authority described in regulation 63(2)(b), (ba) or (bb) — information obtained by the CEO in the administration of the Act in relation to any matter that the CEO considers may be capable of being the subject of any complaint, investigation or proceedings under planning legislation;
(b)in relation to a relevant authority described in regulation 63(2)(c) — information obtained by the CEO in the administration of the Act in relation to any matter that the CEO considers may be capable of being the subject of any complaint, investigation or proceedings under consumer protection legislation;
(c)in relation to a relevant authority described in regulation 63(2)(d) — information obtained by the CEO in the administration of the Act in relation to any matter that the CEO considers may be capable of being the subject of any complaint, investigation or proceedings under Commonwealth tax legislation;
(d)in relation to a relevant authority described in regulation 63(2)(g) — information obtained by the CEO in the administration of the Act that the CEO considers relates to an incident in which a towing worker or any other person is exposed to a serious risk to the person’s health or safety.
In regulation 72(2)(b) after “which” insert:
the
20.Regulations 72A to 72C inserted
At the end of Part 9 insert:
72A.Review of decisions (s. 139)
The following decisions are prescribed for the purposes of paragraph (i) of the definition of reviewable decision in section 139 of the Act —
(a)a decision under regulation 3G(7)(a)(ii) to refuse to grant a further towing business authorisation because a ground under section 29(1) of the Act applies;
(b)a decision under regulation 3K(5) to give a notice stating that the nomination of an individual ceases;
(c)a decision under regulation 3L(2) to refuse to accept a nomination of an individual to represent a towing service provider in conducting a regulated towing business.
The fees set out in Schedule 3 are payable in relation to the matters referred to in that Schedule.
(1)The CEO may, by written notice given to a person, waive payment of the whole or a part of a fee prescribed under these regulations by the person if the CEO considers that it is appropriate in the circumstances to do so.
(2)The CEO may, by notice published in the Gazette, waive payment of the whole or a part of a fee prescribed under these regulations by a class of persons if the CEO considers that it is appropriate in the circumstances to do so.
21.Part 10 Division 1 heading inserted
At the beginning of Part 10 insert:
Division 1 — Transitional provisions for Towing Services Regulations 2025
In regulation 73 delete “Part — ” and insert:
Division —
23.Part 10 Division 2 inserted
After regulation 75 insert:
Division 2 — Transitional provisions for Towing Services Amendment Regulations 2026
76.Temporary exemption from s. 13 of Act and r. 3S for regional towing service providers
(1)In this regulation —
South West region means the region described in the Planning and Development Act 2005 Schedule 4 item 8.
(2)During the period commencing on 1 September 2026 and ending on 30 September 2026, a person who conducts a regulated towing business principally in the South West region is exempt from section 13 of the Act and regulation 3S.
(3)During the period commencing on 1 September 2026 and ending on 31 October 2026, a person who conducts a regulated towing business principally in any of the following regions is exempt from section 13 of the Act and regulation 3S —
(a)the Gascoyne region described in the Planning and Development Act 2005 Schedule 4 item 1;
(b)the Goldfields‑Esperance region described in the Planning and Development Act 2005 Schedule 4 item 2;
(c)the Great Southern region described in the Planning and Development Act 2005 Schedule 4 item 3;
(d)the Kimberley region described in the Planning and Development Act 2005 Schedule 4 item 4;
(e)the Mid West region described in the Planning and Development Act 2005 Schedule 4 item 5;
(f)the Pilbara region described in the Planning and Development Act 2005 Schedule 4 item 7;
(g)the Wheatbelt region described in the Planning and Development Act 2005 Schedule 4 item 9.
77.Application of r. 13 during transitional period
(1)In this regulation —
transitional period, for a towing service provider in relation to a regulated towing business, means the period that —
(a)begins on 1 July 2026; and
(b)ends immediately before the first towing business authorisation granted to the provider comes into force.
(2)Regulation 13 applies to a towing service provider in relation to a regulated towing business during the transitional period for the provider as if the amendments made by the Towing Services Amendment Regulations 2026 regulation 11(1), (2)(a) and (3) had not been made.
(1)In Schedule 1 before item 1 insert:
|
1A. |
r. 9C |
Failure to ensure compliant security at storage yard |
$1 800 |
$9 000 |
|
1B. |
r. 9D(2) |
Failure to ensure compliant signage at storage yard |
$1 000 |
$5 000 |
(2)Delete Schedule 1 item 2.
(3)In Schedule 1 item 4 delete “or foreign driving authorisation”.
After Schedule 2 insert:
[r. 72B]
Table
|
|
Description of fee |
Fee |
|
1. |
Application fee for towing business authorisation (s. 17(4)(f) of the Act) |
$931 |
|
2. |
Authorisation fee for towing business authorisation (s. 19(2)(g) of the Act and r. 3G(6)(b)) |
$1 915
|
|
3. |
Fee for nomination of additional or replacement person to represent authorised towing service provider (r. 3K(9)(a)) |
$151 |
|
4. |
Application fee for variation of conditions of towing business authorisation (s. 23(2)(c) of the Act) |
$61 |
Schedule 4 — Disqualification offences and disqualification periods: towing business authorisations
[r. 3M]
1.Disqualification offences and disqualification periods: towing service providers, responsible officers and close associates
(1)Each offence described in column 1 of the Table is prescribed as a disqualification offence for each of the following —
(a)towing service providers;
(b)responsible officers of towing service providers;
(c)close associates of towing service providers.
(2)If particular circumstances are set out opposite a disqualification offence in column 2 of the Table, the offence is a disqualification offence only in those circumstances.
(3)The disqualification period that applies to a disqualification offence is the period set out opposite that offence in column 3 of the Table.
(4)A reference in column 1 of the Table to a penalty of imprisonment for which an offender is liable is a reference to the maximum penalty of imprisonment that could be imposed on an individual convicted of the offence (or, in the case of a summary conviction, to the maximum penalty of imprisonment that could be imposed on an individual on summary conviction) regardless of the penalty actually imposed and whether a fine could also, or alternatively, be imposed.
(5)A reference in column 2 of the Table to a 2nd or subsequent conviction is a reference to a conviction for the disqualification offence referred to in column 1 of the Table that occurs within 20 years after a prior conviction for that offence.
Table
|
Item |
Column 1 Disqualification offence |
Column 2 Circumstances |
Column 3 Disqualification period |
|
Children and Community Services Act 2004 |
|||
|
1. |
Offence under the Children and Community Services Act 2004 s. 192(1) or (2) |
|
Permanent |
|
Classification (Publications, Films and Computer Games) Enforcement Act 1996 |
|||
|
2. |
Offence under the Classification (Publications, Films and Computer Games) Enforcement Act 1996 s. 60(1), (2), (3) or (4) (as in force before the repeal of s. 60 on 28 August 2010) or s. 101(1) |
|
Permanent |
|
The Criminal Code |
|||
|
3. |
Offence under The Criminal Code Chapter IX, XI, XVI, XXII, XXV, XXVIA, XXVIII to XXXIIIB, s. 343, Chapter XXXVI to XLI, XLIVA, XLVI, XLIX, LI, LIII or LV if an offender is liable to a penalty of imprisonment for more than 3 years |
|
Permanent |
|
4. |
Offence under The Criminal Code Chapter IX, XI, XVI, XXII, XXVA, XXVIA, XXVIII to XXXIIIB, XXXVI to XLI, XLIVA, XLVI or XLIX to LIII if an offender is liable to a penalty of imprisonment for more than 18 months but no more than 3 years |
|
5 years |
|
5. |
Offence under The Criminal Code Chapter IX, XI, XVI, XXII, XXIX, XXX, XXXIII to XXXIIIB, XXXVII, XLIVA, XLIX, L or LIII if an offender is liable to a penalty of imprisonment for no more than 18 months |
|
12 months |
|
6. |
Offence under The Criminal Code s. 552, 553, 555A, 556, 558, 560, 562, 563A or 563B if an offender is liable to a penalty of imprisonment for more than 3 years |
Only if the offence relates to an offence referred to in item 3, 4 or 5 of this Table |
Permanent |
|
7. |
Offence under The Criminal Code s. 552, 553, 555A, 556, 558, 560 or 562 if an offender is liable to a penalty of imprisonment for more than 18 months but no more than 3 years |
Only if the offence relates to an offence referred to in item 3, 4 or 5 of this Table |
5 years |
|
8. |
Offence under The Criminal Code s. 552, 553, 555A, 556, 558, 560 or 562 if an offender is liable to a penalty of imprisonment for no more than 18 months |
Only if the offence relates to an offence referred to in item 3, 4 or 5 of this Table |
12 months |
|
9. |
Offence under The Criminal Code s. 80O, 80P or 80Q |
Conviction on indictment |
Permanent |
|
10. |
Offence under The Criminal Code s. 80O, 80P or 80Q |
Summary conviction |
5 years |
|
11. |
Offence under The Criminal Code s. 80Z |
|
12 months |
|
12. |
Offence under The Criminal Code s. 82 or 83 |
|
Permanent |
|
Criminal Law (Unlawful Consorting and Prohibited Insignia) Act 2021 |
|||
|
13. |
Offence under the Criminal Law (Unlawful Consorting and Prohibited Insignia) Act 2021 s. 17(1) |
Conviction on indictment |
Permanent |
|
14. |
Offence under the Criminal Law (Unlawful Consorting and Prohibited Insignia) Act 2021 s. 17(1) |
Summary conviction |
5 years |
|
15. |
Offence under the Criminal Law (Unlawful Consorting and Prohibited Insignia) Act 2021 s. 20, 25(2), 33(1), 42(1) or 46 |
|
12 months |
|
Criminal Organisations Control Act 2012 |
|||
|
16. |
Offence under the Criminal Organisations Control Act 2012 s. 99(1) or 102(1) |
Conviction on indictment |
Permanent |
|
17. |
Offence under the Criminal Organisations Control Act 2012 s. 99(1) or 102(1) |
Summary conviction |
5 years |
|
18. |
Offence under the Criminal Organisations Control Act 2012 s. 99(3), 103(2) or 107(2) or (3) |
|
5 years |
|
19. |
Offence under the Criminal Organisations Control Act 2012 s. 104, 105 or 108 |
|
12 months |
|
20. |
Offence under the Criminal Organisations Control Act 2012 s. 106 |
Conviction on indictment |
Permanent |
|
21. |
Offence under the Criminal Organisations Control Act 2012 s. 106 |
Summary conviction |
5 years |
|
Firearms Act 1973, as in force before the Firearms Act 2024 section 440 came into operation |
|||
|
22. |
Offence under the Firearms Act 1973 (as in force before the Firearms Act 2024 s. 440 came into operation) if an offender is liable to a penalty of imprisonment for more than 5 years |
|
Permanent |
|
23. |
Offence under the Firearms Act 1973 (as in force before the Firearms Act 2024 s. 440 came into operation) if an offender is liable to a penalty of imprisonment for more than 2 years but no more than 5 years |
|
10 years |
|
24. |
Offence under the Firearms Act 1973 (as in force before the Firearms Act 2024 s. 440 came into operation) if an offender is liable to a penalty of imprisonment for at least 12 months but no more than 2 years |
|
12 months |
|
Firearms Act 2024 |
|||
|
25. |
Offence under the Firearms Act 2024 if an offender is liable to a penalty of imprisonment for more than 5 years |
|
Permanent |
|
26. |
Offence under the Firearms Act 2024 if an offender is liable to a penalty of imprisonment for more than 2 years but no more than 5 years |
|
10 years |
|
27. |
Offence under the Firearms Act 2024 (other than an offence under s. 39(7) of that Act) if an offender is liable to a penalty of imprisonment for at least 12 months but no more than 2 years |
|
12 months |
|
Misuse of Drugs Act 1981 |
|||
|
28. |
Indictable offence under the Misuse of Drugs Act 1981 if an offender is liable to a penalty of imprisonment for more than 5 years |
|
Permanent |
|
29. |
Indictable offence under the Misuse of Drugs Act 1981 if an offender is liable to a penalty of imprisonment for no more than 5 years |
|
10 years |
|
30. |
Simple offence under the Misuse of Drugs Act 1981 |
|
12 months |
|
Occupational Safety and Health Act 1984, as in force before the Work Health and Safety Act 2020 section 278 came into operation |
|||
|
31. |
Offence under the Occupational Safety and Health Act 1984 s. 19A(1), 21A(1), 21C(1), 22A(1), 23AA(1), 23B(1) or 23H(1) (as in force before the Work Health and Safety Act 2020 s. 278 came into operation) |
|
Permanent |
|
32. |
Offence under the Occupational Safety and Health Act 1984 s. 19A(2), 21A(2), 21C(2), 22A(2), 23AA(2), 23B(2) or 23H(2) (as in force before the Work Health and Safety Act 2020 s. 278 came into operation ) |
|
5 years |
|
33. |
Offence under the Occupational Safety and Health Act 1984 s. 19A(3), 21A(3), 21C(3), 22A(3), 23AA(3), 23B(3) or 23H(3) (as in force before the Work Health and Safety Act 2020 s. 278 came into operation ) |
2nd or subsequent conviction only |
12 months |
|
Prostitution Act 2000 |
|||
|
34. |
Offence under the Prostitution Act 2000 s. 16(1) or (2), 17(1) or 18(1) |
|
Permanent |
|
Restraining Orders Act 1997 |
|||
|
35. |
Offence under the Restraining Orders Act 1997 s. 61(1), (1A) or (2a) |
|
5 years |
|
36. |
Offence under the Restraining Orders Act 1997 s. 62F(1A) or (3) |
|
12 months |
|
Weapons Act 1999 |
|||
|
37. |
Offence under the Weapons Act 1999 if an offender is liable to a penalty of imprisonment for more than 3 years |
|
10 years |
|
38. |
Offence under the Weapons Act 1999 if an offender is liable to a penalty of imprisonment for more than 2 years but no more than 3 years |
|
5 years |
|
39. |
Offence under the Weapons Act 1999 if an offender is liable to a penalty of imprisonment for at least 12 months but no more than 2 years |
|
12 months |
|
Work Health and Safety Act 2020 |
|||
|
40. |
Offence under the Work Health and Safety Act 2020 s. 30A(1) or (3) or 31(1) or (2) |
|
Permanent |
|
41. |
Offence under the Work Health and Safety Act 2020 s. 32(1) |
|
5 years |
|
42. |
Offence under the Work Health and Safety Act 2020 s. 33 |
2nd or subsequent conviction only |
12 months |
|
Laws of Commonwealth, other States or Territories |
|||
|
43. |
Offence under a law of the Commonwealth, another State or a Territory that is constituted by conduct that is substantially the same as the conduct constituting an offence described in items 1 to 42 (the local offence) |
|
The disqualification period prescribed for the local offence |
Part 3 — Amendment commencing on 1 September 2026
At the beginning of Part 2 Division 1A Subdivision 6 insert:
3S.Offence to offer or advertise towing business unless authorised
A towing service provider must not offer to provide, advertise, or authorise or permit the publication of an advertisement for, a regulated towing business unless the provider is the holder of a towing business authorisation that is in force.
Penalty:
(a)for an individual, a fine of $9 000;
(b)for a body corporate, a fine of $45 000.
A. O’SULLIVAN, Clerk of the Executive Council
© State of Western Australia 2026. This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au. Attribute work as: © State of Western Australia 2026. By Authority: ANDREW JONES, Government Printer