Western Australian Current Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Download]
[Help]
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
33A. Term used: record
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
SCHEDULE 1 -- Implied provisions
SCHEDULE 2 -- Constitution and proceedings of Council
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback