Victorian Numbered Acts

OWNER DRIVERS AND FORESTRY CONTRACTORS ACT 2005 (NO 49 OF 2005) - SECT 5

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

        (a)     a natural person who carries on a business of transporting forest products in one or more vehicles supplied by him or her and operated by him or her (whether solely or with the use of additional or relief operators); or

        (b)     a corporation (other than a listed public company) that carries on a business of transporting forest products in one or more vehicles supplied by the corporation or an officer of the corporation and operated by an officer of the corporation (whether solely or with the use of additional or relief operators); or

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

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

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

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

    (5)     Sub-sections (1) and (2) are subject to section 7.