ROAD SAFETY REMUNERATION ACT 2012 (NO. 46, 2012)

Table of Provisions

• Long Title

PART 1--PRELIMINARY

Division 1--General

• 1 Short title  
• 2 Commencement  
• 3 Object  

Division 2--Definitions

• 4 Definitions  
• 5 Meaning of road transport driver--general  
• 6 Meaning of road transport driver--individual  
• 7 Meaning of road transport driver--corporation  
• 8 Meaning of hirer of road transport driver and road transport contract  
• 9 Meaning of participant in the supply chain  

Division 3--Application of this Act

• 10 Concurrent operation generally intended  
• 11 Interaction of enforceable instruments with State and Territory laws  
• 12 Interaction of enforceable instruments with other Commonwealth instruments (employees)  
• 13 Interaction of enforceable instruments with road transport contracts (independent contractors)  
• 14 Interaction with the Independent Contractors Act 2006  
Subdivision B--Miscellaneous
• 15 Act binds Crown  
• 16 Act not to apply so as to exceed Commonwealth power  
• 17 Acquisition of property  

PART 2--ROAD SAFETY REMUNERATION ORDERS

Division 1--Preparation of annual work program

• 18 Tribunal must prepare and publish a work program each year  

Division 2--Power to make a road safety remuneration order

• 19 Power to make a road safety remuneration order  
• 20 Matters the Tribunal must have regard to  
• 21 Publication of research  

Division 3--Preparing and consulting on draft road safety remuneration order

• 22 Tribunal to prepare and consult on draft order  
• 23 Publication of draft order  
• 24 Affected persons and bodies to have a reasonable opportunity to make and comment on submissions for draft order  
• 25 Hearings in relation to draft order  
• 26 Finalising draft order  

Division 4--Making road safety remuneration order

• 27 Making road safety remuneration order  
• 28 Persons on whom requirements are imposed must not contravene order  
• 29 Expiry of order  
• 30 Road safety remuneration orders to be made by Full Bench  

Division 5--Variation and review of road safety remuneration order

• 31 Review of road safety remuneration order  
• 32 Variation of road safety remuneration order  

PART 3--APPROVAL OF CERTAIN COLLECTIVE AGREEMENTS INVOLVING CONTRACTOR DRIVERS

• 32A Power to approve road transport collective agreements  
• 33 Road transport collective agreements  
• 34 Matters about which the Tribunal must be satisfied  
• 35 Approval of road transport collective agreements  
• 36 Effect of approval  
• 37 Relationship with road safety remuneration orders  
• 37A Authorisation of conduct for the purposes of the Competition and Consumer Act 2010  
• 38 Expiry of approval  
• 39 Approvals to be given by dual FWA member or Full Bench  

PART 4--DISPUTES ABOUT REMUNERATION AND RELATED CONDITIONS

• 40 Tribunal may deal with disputes about remuneration and related conditions  
• 40A Time limit for certain applications  
• 41 Disputes involving employee road transport drivers  
• 42 Disputes involving contractor drivers  
• 43 Disputes involving participants in the supply chain  
• 44 How Tribunal may deal with disputes  
• 45 Disputes about safe remuneration to be dealt with by dual FWA member  

PART 5--COMPLIANCE

Division 1--Civil remedy provisions and orders

• 46 Civil remedy provisions  
• 47 Limitations on who may apply for orders etc.  
• 48 Time limit on applications  
Subdivision B--Orders
• 49 Orders that can be made  
• 50 Pecuniary penalty orders  
• 51 Interest up to judgement  
Subdivision C--General provisions about civil remedies
• 52 Contravening a civil remedy provision is not an offence  
• 53 Involvement in contravention treated in same way as actual contravention  
• 54 Proceedings may be heard together  
• 55 Civil evidence and procedure rules for proceedings relating to civil remedy provisions  
• 56 Civil proceedings after criminal proceedings  
• 57 Criminal proceedings during civil proceedings  
• 58 Criminal proceedings after civil proceedings  
• 59 Evidence given in proceedings for penalty not admissible in criminal proceedings  
• 60 Civil double jeopardy  
• 61 Course of conduct  

Division 2--Jurisdiction and powers of courts

• 62 Conferring jurisdiction on the Federal Court  
• 63 Exercising jurisdiction in the Fair Work Division of the Federal Court  
• 64 No limitation on Federal Court's powers  
• 65 Appeals from eligible State or Territory courts  
Subdivision B--Jurisdiction and powers of the Federal Magistrates Court
• 66 Conferring jurisdiction on the Federal Magistrates Court  
• 67 Exercising jurisdiction in the Fair Work Division of the Federal Magistrates Court  
• 68 No limitation on Federal Magistrates Court's powers  
Subdivision C--Small claims procedure
• 69 Applicants may choose small claims procedure  
Subdivision D--Miscellaneous
• 70 Costs only if proceedings instituted vexatiously etc.  
• 71 No imprisonment for failure to pay pecuniary penalty  
• 72 Regulations dealing with matters relating to court proceedings  

Division 3--Fair Work Ombudsman

• 73 Functions of the Fair Work Ombudsman  
• 74 Exercise of compliance powers  
• 75 Referring matters to the Fair Work Ombudsman  
Subdivision B--Compliance notices
• 76 Compliance notices  
• 77 Review of compliance notices  

Division 4--Right of entry

• 78 Right of entry for suspected contravention of this Act or enforceable instrument  

PART 6--ROAD SAFETY REMUNERATION TRIBUNAL

Division 1--Establishment and functions of Tribunal

• 79 Establishment of Tribunal  
• 80 Functions of Tribunal  
• 81 Tribunal has privileges and immunities of the Crown  
• 82 Protection of Tribunal members  

Division 2--Performance of functions of Tribunal

• 83 Role of President in performance of functions  
Subdivision B--Applications to Tribunal
• 84 Dismissing applications  
Subdivision C--Performance of functions
• 85 Performance of functions generally  
• 86 Powers of Tribunal to perform functions  
• 87 Conferences  
• 88 Hearings  
• 89 Offences in relation to attendance before Tribunal  
• 90 Confidential evidence  
Subdivision D--Representation by lawyers and paid agents
• 91 Representation by lawyers and paid agents  
Subdivision E--Appeals
• 92 Appeal of decisions  
• 93 Staying decisions that are appealed  
• 94 Process for appealing decisions  
• 95 Referring questions of law to the Federal Court  
Subdivision F--Organisation of Tribunal
• 96 Constitution of Full Bench  

Division 3--Members of Tribunal

• 97 Appointment  
• 98 Basis of appointment of industry members  
Subdivision B--Terms and conditions of members of Tribunal
• 99 Outside employment of industry members  
• 100 Remuneration  
• 101 Leave of absence  
• 102 Disclosure of interests  
• 103 Termination of appointment on grounds of misbehaviour or incapacity  
• 104 Suspension on grounds of misbehaviour or incapacity  
• 105 Termination of appointment for bankruptcy, etc.  
• 106 Termination of appointment for outside employment  
• 107 Automatic cessation of appointment for loss of qualification  
• 108 Resignation  
• 109 Other terms and conditions of members  
• 110 Acting appointments  
Subdivision C--Miscellaneous matters relating to members of Tribunal
• 111 Disclosure of information by Tribunal  

Division 4--General Manager and consultants

• 112 Role of General Manager of Fair Work Australia  

Division 5--Miscellaneous matters relating to Tribunal

• 113 Procedural rules  
• 114 Regulations dealing with Tribunal matters  
• 115 Costs  
• 116 Annual report  
• 117 President must provide certain information etc. to the Minister and Fair Work Ombudsman  

PART 7--MISCELLANEOUS

• 118 This Act is a workplace law  
• 119 Employer and hirer obligations in relation to records  
• 120 Review of this Act  
• 121 Regulations