OWNER-DRIVERS (CONTRACTS AND DISPUTES) ACT 2007
Table of Provisions
PART 1 -- Preliminary
- 1 Short title
- 2 Commencement
- 3 Terms used
- 4 Term used: owner-driver
- 5 Term used: owner-driver contract
- 6 Application of Act
- 7 Act prevails over owner-driver contracts
- 8 Act binds Crown
PART 2 -- Content of owner-driver contracts
Division 1 -- Prohibited provisions
- 9 Prohibited: pay if paid/when paid provisions
- 10 Prohibited: provisions requiring payment to be made after 30 days
- 10A Prohibited: provisions allowing less than minimum notice period
- 11 Prohibited: prescribed provisions
- 12 Other provisions of contract not affected
Division 2 -- Implied provisions
- 13 Time for payment
- 14 Interest on overdue payments
- 15 Making payment claims
- 15A Minimum period of notice for terminating contract
- 16 Interpretation of implied provisions
PART 3 -- Road Freight Transport Industry Council
- 17 Road Freight Transport Industry Council established
- 18 Membership of Council
- 19 Functions
- 20 Powers
- 21 Minister may give directions
- 22 Minister to have access to information
- 23 Constitution and proceedings of Council
- 24 Remuneration and allowances
- 25 Department to provide support services to Council
PART 4 -- Code of conduct
- 26 Regulations may prescribe code of conduct
- 27 Content of code of conduct
PART 5 -- Negotiations for owner-driver contracts
- 28 Negotiating agents for owner-drivers
- 29 Negotiating agents for hirers
PART 6 -- Unconscionable conduct
- 30 Unconscionable conduct by hirers
- 31 Unconscionable conduct by owner-drivers
- 31A Unfair terms
PART 6A -- Misleading or deceptive conduct
- 31B Misleading or deceptive conduct by hirer
- 31C Misleading or deceptive conduct by owner-driver
PART 6B -- Discrimination
- 31D Discrimination against owner-driver
PART 7 -- Inspectors
- 32 Functions of inspectors
- 33 Obstructing or hindering inspector
PART 8 -- Rights of entry, inspection and access to records
Division 1 -- Preliminary
Division 2 -- Access to records
- 34 Access to and inspection of records
Division 3 -- Authorised representative’s right of entry to conduct investigation
- 34A Terms used
- 34B Authorised representative
- 34C Authorised representative who ceases to hold authority or entry permit
- 34D Revocation or suspension of authority
- 34E Written authority of owner-driver required
- 35 Authorised representative’s right of entry
- 35A Authority must be shown on request
- 35B Conduct in workplace
- 35C Authorised representative’s powers relating to production and inspection of records or other documents
- 36 Prohibiting obstruction or delay of exercise of power
PART 9 -- Road Freight Transport Industry Tribunal
- 37 Terms used
- 38 Industrial Relations Commission sitting as the Road Freight Transport Industry Tribunal
- 38A Tribunal’s power to make summary determination
- 38B Tribunal’s power to make default determination
- 39 Jurisdiction to be exercised by Commissioner with necessary qualifications
- 40 Persons who may refer disputes and matters to the Tribunal
- 41 Intervention in proceeding
- 41A When referral not required
- 42 Representation
- 43 Applied provisions: practice, procedure and appeals
- 44 Conciliation
- 45 Compulsory attendance at conciliation
- 46 Enforcement for the purposes of sections 44 and
47. Determination of dispute where no resolution by conciliation
- 47A Remedies that may be given
- 48 Order to prevent entering into of owner-driver contracts
- 49 Other jurisdictions
- 50 Enforcement of monetary order
- 51 Enforcement of order other than conciliation or monetary order
PART 10 -- Miscellaneous
- 52 Trade Practices Act and Competition Code
- 53 Confidentiality
- 54 Laying documents before Parliament
- 55 Protection from liability
- 56 Protection for compliance with this Act
- 57 Regulations
- 59 Review of Act
PART 11 -- Transitional provisions
- 60 Notice of termination before commencement day