Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 162, 2006
Compilation No. 10
Compilation date: 26 August 2024
Includes amendments: Act No. 2, 2024
Registered: 26 August 2024
About this compilation
This compilation
This is a compilation of the Independent Contractors Act 2006 that shows the text of the law as amended and in force on 26 August 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Preliminary
1 Short title
2 Commencement
3 Objects of this Act
5A Rules may modify application of this Act in Norfolk Island
Part 2--Exclusion of certain State and Territory laws
7 Exclusion of certain State and Territory laws
8 What are workplace relations matters
9 What is an unfairness ground
10 Regulations may specify laws that are intended to be excluded
Part 3--Unfair contracts
11 Application of Part
12 Court may review services contract
13 Limitation on applications for review of services contracts--prescribed circumstances
14 Limitation on applications for review of services contracts--other proceedings in progress
15 Powers of Court
16 Orders that Court may make
17 Costs only where proceeding instituted vexatiously
Part 5--Transitional provisions
Division 1--State and Territory laws other than unfair contracts laws
31 Definitions
32 Continuation contracts and related continuation contracts
33 Reform opt-in agreement
34 Prohibited conduct in relation to reform opt-in agreements
35 Continued application of the State or Territory contractor laws to certain services contracts
36 How section 35 applies if there is a transfer of business
37 Application of the State or Territory contractor laws in relation to pre-reform commencement matters not affected by exclusion provisions
Division 2--Unfair contracts laws
38 Definition
39 New applications relating to unfair contracts
40 Applications under the Workplace Relations Act 1996 in progress at the reform commencement
41 Applications under an excluded State or Territory law in progress at the reform commencement
Part 6--Regulations
42 Regulations may make provision for transitional matters
43 Power to make regulations
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
162, 2006 | 11 Dec 2006 | s 3-43: 1 Mar 2007 (s 2(1) item 2 and F2007L00412) |
| |
Fair Work (State Referral and Consequential and Other Amendments) Act 2009 | 54, 2009 | 25 June 2009 | Sch 14: 1 July 2009 (s 2(1) item 37) | Sch 14 (item 11) |
46, 2011 | 27 June 2011 | Sch 2 (item 698) and Sch 3 (items 10, 11): 27 Dec 2011 (s 2(1) items 5, 12) | Sch 3 (items 10, 11) | |
Federal Circuit Court of Australia (Consequential Amendments) Act 2013 | 13, 2013 | 14 Mar 2013 | Sch 1 (items 321, 322) and Sch 2 (item 2): 12 Apr 2013 (s 2(1) items 2, 3) | -- |
Statute Law Revision Act (No. 1) 2014 | 31, 2014 | 27 May 2014 | Sch 8 (item 20): 24 June 2014 (s 2(1) item 9) | -- |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 302): 5 Mar 2016 (s 2(1) item 2) | -- |
33, 2016 | 23 Mar 2016 | Sch 5 (item 68): 1 July 2016 (s 2(1) item 7) | -- | |
Legislation Amendment (Sunsetting Review and Other Measures) Act 2018 | 78, 2018 | 24 Aug 2018 | Sch 2 (item 17): 25 Aug 2018 (s 2(1) item 5) | -- |
13, 2021 | 1 Mar 2021 | Sch 2 (items 468-471): 1 Sept 2021 (s 2(1) item 5) | -- | |
Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 | 2, 2024 | 26 Feb 2024 | Sch 1 (item 306): 26 Aug 2024 (s 2(1) item 22) | -- |
Provision affected | How affected |
Part 1 |
|
s 4..................... | am No 54, 2009; No 13, 2013; No 31, 2014; No 13, 2021 |
s 5A.................... | ad No 33, 2016 |
Part 2 |
|
s 6..................... | am No 54, 2009 |
s 8..................... | am No 54, 2009 |
s 9..................... | am No 54, 2009 |
Part 3 |
|
s 12.................... | am No 13, 2013; No 13, 2021; No 2, 2024 |
s 15.................... | am No 13, 2013; No 13, 2021 |
s 16.................... | am No 13, 2013; No 13, 2021 |
Part 5 |
|
Division 1 |
|
s 34.................... | am No 54, 2009 |
s 35.................... | ed C9 |
Part 6 |
|
s 42.................... | am No 46, 2011; No 126, 2015; No 78, 2018 |