Victorian Numbered Acts

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OWNER DRIVERS AND FORESTRY CONTRACTORS ACT 2005 (NO 49 OF 2005) - SECT 64

Trade Practices Act and Competition Code

    (1)     For the purposes of the Trade Practices Act 1974 of the Commonwealth and the Competition Code, the following things are authorised by this Act—

        (a)     the making of a code of practice;

        (b)     anything done by a person in order to comply with this Act, the regulations or a code of practice;

        (c)     anything done by a contractor or group of contractors preparatory to entering into, or in anticipation of, joint negotiations with a single business, including the appointment of a negotiating agent to conduct those joint negotiations;

        (d)     anything done by a negotiating agent, as authorised by this Act and in accordance with the agent's terms of appointment, in conducting joint negotiations with a single business;

        (e)     any dealings by a contractor or group of contractors with their negotiating agent for the purposes of conducting joint negotiations with a single business.

    (2)     For the purposes of this section—

        (a)     a "single business" is a business, project or undertaking that is carried on by one hirer;

        (b)     if 2 or more hirers carry on a business, project or undertaking as a joint venture or common enterprise, the hirers are taken to be one hirer;

        (c)     if 2 or more corporations that are related to each other for the purposes of the Corporations Act each carry on a single business

              (i)     the corporations are to be treated as one hirer; and

              (ii)     the single businesses are to be treated as one single business.



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