ROAD SAFETY REMUNERATION ACT 2012 (NO. 46, 2012) - SECT 9 Meaning of participant in the supply chain

ROAD SAFETY REMUNERATION ACT 2012 (NO. 46, 2012) - SECT 9

Meaning of participant in the supply chain --general

             (1)  A person is a participant in the supply chain in relation to a road transport driver if subsection (2), (4) or (6) applies to the person.

Consignor or consignee

             (2)  This subsection applies to a person if:

                     (a)  the person is the consignor or consignee of a thing in respect of which a road transport driver is providing road transport services; and

                     (b)  any of the following apply:

                              (i)  the person is a constitutional corporation, the Commonwealth, a Commonwealth authority, a Territory or a Territory authority;

                             (ii)  the person is an individual who is resident in, or a body corporate that has its principal place of business in, a Territory;

                            (iii)  the person is the consignor or consignee for the purposes of a business undertaking of a constitutional corporation;

                            (iv)  the person is the consignor or consignee for the purposes of the Commonwealth, a Commonwealth authority, a Territory or a Territory authority;

                             (v)  the person is the consignor or consignee in the course of or in relation to constitutional trade or commerce.

             (3)  Without limiting its effect apart from this subsection, subparagraph (2)(b)(i) also has the effect it would have if the reference to a constitutional corporation were, by express provision, confined to a corporation that was the consignor or consignee of a thing for the purposes of the business of that corporation.

Intermediary

             (4)  This subsection applies to a person if:

                     (a)  the person is party to a contract for the carriage of goods, and that contract concerns the transport of a thing in respect of which a road transport driver is providing road transport services; and

                     (b)  any of the following apply:

                              (i)  the person is a constitutional corporation, the Commonwealth, a Commonwealth authority, a Territory or a Territory authority;

                             (ii)  the contract was entered into in a Territory;

                            (iii)  at least one of the parties to the contract is an individual who is resident in, or a body corporate that has its principal place of business in, a Territory;

                            (iv)  the contract is for the purposes of a business undertaking of a constitutional corporation;

                             (v)  the contract is for the purposes of the Commonwealth, a Commonwealth authority, a Territory or a Territory authority;

                            (vi)  the contract was made in the course of or in relation to constitutional trade or commerce.

             (5)  Without limiting its effect apart from this subsection, subparagraph (4)(b)(i) also has the effect it would have if the reference to a constitutional corporation were, by express provision, confined to a corporation that has entered into the contract for the purposes of the business of that corporation.

Operator of premises for loading and unloading

             (6)  This subsection applies to a person if the person is a constitutional corporation that operates premises:

                     (a)  that are used by a road transport driver to load or unload a vehicle; and

                     (b)  at which an average of at least 5 vehicles are loaded or unloaded on each day (an active day ) the premises are used to load or unload vehicles.

             (7)  In determining whether an average of at least 5 vehicles are loaded or unloaded on each active day for the purposes of paragraph (6)(b):

                     (a)  have regard to each active day in the previous 12 months; or

                     (b)  if the corporation first used the premises to load or unload vehicles less than 12 months ago--have regard to each active day in the period since the premises were first used to load or unload vehicles.

             (8)  In subsection (6), a reference to premises includes a reference to a part of premises.