Commonwealth Numbered Acts

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

              Subdivision A--Interaction with other laws

   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

              Subdivision A--Applications for 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

              Subdivision A--Jurisdiction and powers of the Federal Court

   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

              Subdivision A--Role of 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

              Subdivision A--Role of the President

   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

              Subdivision A--Appointment of 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