Victorian Current Acts

OWNER DRIVERS AND FORESTRY CONTRACTORS ACT 2005 - SECT 6

    (1)     For the purposes of this Act, a "harvesting contractor" is—

        (a)     a natural person who carries on a business of harvesting forest products using motorised equipment supplied by him or her; or

        (b)     a corporation (other than a listed public company) that carries on a business of harvesting forest products using motorised equipment supplied by the corporation or an officer of the corporation; or

        (c)     a partnership of persons referred to in paragraph (a).

    (2)     For the purposes of this Act, a harvesting contract is a contract made in the course of business by a harvesting contractor with another person for the harvesting of forest products by the harvesting contractor.

    (3)     It is irrelevant whether a harvesting contract provides for a harvesting contractor to perform services other than harvesting forest products, as long as the services to be performed under the contract predominantly relate to the harvesting of forest products.

    (4)     For the avoidance of doubt, a harvesting contract does not include a contract that is a contract of employment.

    (5)     Subsections (1) and (2) are subject to section 7.

    (6)     In this section—

"harvesting" includes—

        (a)     felling or cutting trees or parts of trees;

        (b)     extracting, grading and loading forest products;

        (c)     undertaking any works, including road works, coupe rehabilitation and construction of boundary trails, ancillary to any of the activities referred to in paragraphs (a) and (b).