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ROAD SAFETY REMUNERATION ACT 2012 (NO. 46, 2012) - SECT 7 Meaning of road transport driver--corporation

ROAD SAFETY REMUNERATION ACT 2012 (NO. 46, 2012) - SECT 7

Meaning of road transport driver--corporation

Road transport driver--corporation

             (1)  This section applies to a corporation (for the purposes of paragraph 5(b)) if:

                     (a)  the corporation engages in the road transport industry by transporting things by road using one or more vehicles supplied by the corporation or a related individual; and

                     (b)  the vehicle or each vehicle is mainly driven by a related individual; and

                     (c)  the related individual's principal occupation is driving the vehicle or vehicles; and

                     (d)  the corporation is a constitutional corporation.

Corporation, not individual, is road transport driver if both could apply

             (2)  If a corporation is a road transport driver , then despite paragraph 5(a), any individual referred to in subsection (1) of this section as a related individual who drives one or more of the corporation's vehicles is taken not to be a road transport driver .

Related individual

             (3)  Each of the following individuals is a related individual of a corporation:

                     (a)  a director of the corporation;

                     (b)  a member of the immediate family of a director of the corporation;

                     (c)  an individual who, together with members of the individual's immediate family, has a controlling interest in the corporation;

                     (d)  a member of the immediate family of an individual who, together with members of the individual's immediate family, has a controlling interest in the corporation.

Controlling interest and immediate family

             (4)  In this Act:

"controlling interest" in a corporation means an interest in the corporation that enables the person holding the interest to:

                     (a)  control the composition of the board of directors of the corporation; or

                     (b)  cast or control the casting of more than one-half of the maximum number of votes that might be cast at a general meeting of the corporation; or

                     (c)  control more than one-half of the issued share capital of the corporation (excluding any part of that issued share capital that carries no right to participate beyond a specified amount in a distribution of either profits or capital).

"immediate family of an individual has the same meaning as immediate family" has for a national system employee under the Fair Work Act 2009 .