Victorian Numbered Acts

OWNER DRIVERS AND FORESTRY CONTRACTORS ACT 2005 (NO 49 OF 2005) - NOTES

Act No. 49/2005

__________________

Victoria

No. 49 of 2005

Owner Drivers and Forestry Contractors Act 2005^[†]

[Assented to 24 August 2005]

^[†]     Minister's second reading speech—

    Legislative Assembly: 21 April 2005

    Legislative Council: 9 August 2005

    The long title for the Bill for this Act was "to regulate the relationship between persons who contract to transport goods in a vehicle, or harvest forest products using motorised equipment, supplied by them and persons who hire them, to amend the Victorian Civil and Administrative Tribunal Act 1998 and for other purposes."

INDEX

Subject	Section
Act
amendments to other Acts	67
application	8
commencement	2
Crown bound by	9
prevails over regulated contracts	65
purpose	1
things authorised for purposes of competition laws	64
transitional provisions	68–69
Codes of practice	3, 27–30
Competition Code	64
Contractors
application of Act to	8
as tenderers	12, 17
definition	3, 33
forestry contractors	3, 28
harvesting contractors and contracts	3, 6
haulage contractors and contracts	3, 5
information booklets for	10–13
insurance costs	23
negotiating agents	25–26
ongoing engagement of	19–22
owner drivers and owner driver contracts	3, 4, 28
rates and costs schedules for	14–18
regulations	7
services, equipment provided by hirers to	24
subjected to detriment	61
termination of engagement	20–22
unconscionable conduct	32
See also Disputes; Regulated contracts
Contract variation orders See Regulated contracts
Contracts See Regulated contracts
Corporations	3, 63
Damages	44
Definitions	3–6, 22, 33, 37, 46, 47, 50, 56, 59, 64, 65, Sch. 1
Disputes
alternative dispute resolution
costs	37
failure	40
immunity of person conducting	39
matters included in	34
referral of disputes for	35
representation of parties	36
statements, admissions made during	38
definition	3, 33
Subject	Section
regarding failure to give information booklets, rates and costs schedules	45
regarding unlawful termination	42
See also Victorian Civil and Administrative     Tribunal
Extension of contract variation orders See Regulated contracts
Forest products (def.)	3
Forestry contractors See Contractors	3, 28
Forestry Industry Council of Victoria
consultation with	14, 28
definition	3
establishment and functions	58
membership, procedure	59–60, Sch. 1
Freight brokers	3, 10–11, 16, 18
Harvesting contractors and contracts See Contractors; Regulated contracts
Haulage contractors and contracts See Contractors; Regulated contracts
Heavy vehicles (def.)	3
Hirers
definition	3, 33
duties regarding
codes of practice	27–30
information booklets	10–12
insurance costs	23
payment in lieu of notice	22
rates and costs schedules	16–18
services, equipment provided to contractors	24
powers, duties regarding negotiating agents	25–26
subjecting contractors, others to detriment	61
unconscionable conduct	31
See also Disputes
Industry councils
See Forestry Industry Council;         Transport Industry Council
Information booklets
contents and availability	13
failure to provide	45
provision to contractors, tenderers	10–12
Minister
powers, duties regarding
codes of practice	27–28
Forestry Industry Council	58–59
information booklets	13
rates and costs schedules	14–15
Transport Industry Council	55–56
Motorised equipment (def.)	3
Negotiating agents	3, 25–26
Owner drivers and owner driver contracts See Contractors; Regulated contracts
Partnerships	62
Subject	Section
Rates and costs schedules
definition	3
development, revision, contents	14
failure to provide	45
provision to contractors, tenderers	16–18
publication	15
Regulated contracts
Act prevails over	65
definition	3
extension of contract variation orders
application of Part 5, Division 4	47
applications for	49
definition and effect	48
definition of contract variation orders	47
making, publication of	51
notice requirements	50
time for taking effect	52
variation, revocation	53
orders preventing entering into	46
regulations	7
requirements	20–22
unjust, void terms	44, 47, 48, 65
See also Disputes
Regulations	7, 27, 66
Secretary	13
Small Business Commissioner
certificates waiving notice of termination	21
definition	3
functions in general	54
functions, powers regarding dispute resolution	35, 40, 54
Tenderers	12, 17
Trade Practices Act 1974 (Commonwealth)	64
Transitional provisions	68–69
Transport Industry Council
consultation with	14, 28
definition	3
establishment and functions	55
membership, procedure	56–57, Sch. 1
Tribunal See Victorian Civil and Administrative Tribunal
Unconscionable conduct	31–32
Vehicles (def.)	3
Victorian Civil and Administrative Tribunal
dispute resolution
jurisdiction of Tribunal	41
parties to proceedings	43
powers, orders of Tribunal	44–46
requirements for proceedings	40
time limit for applications	42
extension of contract variation orders	47–53