Western Australian Consolidated Acts Western Australian Consolidated Acts1 This is a compilation of the Owner-Drivers (Contracts and
Disputes) Act 2007 and includes the amendments made by the other written
laws referred to in the following table 1a.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
7 of 2007 |
6 Jun 2007 |
s. 1 and 2:
6 Jun 2007; |
|
|
Public Sector Reform Act 2010
s. 89 |
39 of 2010 |
1 Oct 2010 |
1 Dec 2010 (see s. 2(b) and Gazette
5 Nov 2010 p. 5563) |
|
Statutes (Repeals and Minor Amendments) Act 2011
s. 13 and 27 |
47 of 2011 |
25 Oct 2011 |
26 Oct 2011 (see s. 2(b)) |
1a On the date as at which this compilation was prepared,
provisions referred to in the following table had not come into operation and
were therefore not included in this compilation. For the text of the provisions
see the endnotes referred to in the table.
Provisions
that have not come into operation
|
Short title |
Number and year |
Assent |
Commencement |
|
Owner-Drivers (Contracts and Disputes) Act 2007
s. 35 and 36 2 |
7 of 2007 |
6 Jun 2007 |
To be proclaimed (see s. 2) |
|
Road Traffic Legislation Amendment Act 2012
Pt. 4 Div. 37 3 |
8 of 2012 |
21 May 2012 |
Operative on commencement of the Road Traffic
(Administration) Act 2008 (see s. 2(d)) |
2 On the date as at which this compilation was prepared, the
Owner-Drivers (Contracts and Disputes) Act 2007 s. 35
and 36 had not come into operation. They read as follows:
“
35. Right of entry by representative
to investigate breaches
(1) In this section —
occupier, of a workplace, includes a person in charge of the
workplace;
records means records required to be kept under a code of
conduct;
representative, in relation to an owner-driver, means a
person authorised in writing by the owner-driver to act on behalf of the
owner-driver for the purposes of this section.
(2) A representative of an owner-driver may enter, during working hours,
any workplace where the owner-driver works, for the purpose of investigating any
suspected breach of this Act, the code of conduct or an owner-driver contract to
which the owner-driver is a party.
(3) If —
(a) a representative proposes to enter, or is in, a workplace in
accordance with subsection (2); and
(b) the occupier requests the representative to show the
representative’s written authorisation to act on behalf of the
owner-driver,
the representative is not entitled under subsection (2) to enter or
remain in the workplace unless the representative shows the occupier the written
authorisation.
(4) For the purpose of investigating a suspected breach referred to in
subsection (2), the representative may —
(a) subject to subsection (5), require the hirer to produce for the
representative’s inspection, during working hours at the workplace or at
any mutually convenient time and place, any records or other documents kept by
the hirer that are related to the suspected breach; and
(b) make copies of the entries in the records or documents related to the
suspected breach; and
(c) during working hours, inspect or view any work, material, machinery or
appliance, that is relevant to the suspected breach.
(5) A representative is not entitled to require the production of records
or other documents unless, before exercising the power, the representative has
given the hirer concerned —
(a) if the records or other documents are kept at the workplace concerned,
at least 24 hours’ written notice of the requirement; or
(b) if the records or other documents are kept elsewhere, at least
48 hours’ written notice of the requirement.
(6) The Tribunal may, on the ex parte application of the representative,
waive the requirement under subsection (5) to give the hirer concerned
notice of an intended exercise of a power if the Tribunal is satisfied that to
give such notice would defeat the purpose for which the power is intended to be
exercised.
(7) If the requirement for notice is waived under
subsection (6) —
(a) the Tribunal must give the representative a certificate authorising
the exercise of the power without notice; and
(b) the representative must, after entering the workplace and before
requiring the production of the records or documents, give the person who is
apparently in charge of the workplace the certificate or a copy of the
certificate.
(8) Nothing in this section limits or otherwise affects the powers of an
inspector under this Act.
(1) An occupier of a workplace must not refuse, or intentionally and
unduly delay, entry to a workplace by a person entitled to enter the workplace
under section 35(2).
(2) A person must not intentionally and unduly hinder or obstruct a
representative in the exercise of the powers conferred by
section 35.
(3) A contravention of subsection (1) or (2) is not an offence
but those subsections are civil penalty provisions for the purposes of the IR
Act section 83E.
”.
3 On the date as at which this compilation was prepared, the
Road Traffic Legislation Amendment Act 2012 Pt. 4 Div. 37 had
not come into operation. It reads as follows:
Division
37 — Owner-Drivers (Contracts and Disputes)
Act 2007 amended
This Division amends the Owner-Drivers (Contracts and Disputes)
Act 2007.
151. Section 3
amended
(1) In section 3 delete the definition of gross vehicle
mass.
(2) In section 3 in the definition of heavy vehicle
delete “means a vehicle, as defined in the Road Traffic
Act 1974, with a gross vehicle mass of more than
4.5 tonnes;” and insert:
has the meaning given in the Road Traffic (Vehicles) Act 2012
section 3(1);
Defined
Terms
[This is a list of terms defined and
the provisions where they are defined. The list is not part of the
law.]
Defined Term Provision(s)
A 9
applied
provisions 43(1)
Chief Commissioner 37(1)
code of
conduct 3
Commission 37(1)
Commissioner 37(1)
Council 3
Department 3
dispute 37(1)
document 22(1)
fixed
and variable overhead costs 27(4)
goods 3
gross vehicle
mass 3
guideline rates 3
heavy
vehicle 3
hirer 3
information 22(1)
inspector 3
IR Act 3
listed
public company 4(1)
monetary
order 50(1)
occupier 35(1)
officer 4(1)
owner-driver 3,
4(2)
owner-driver contract 3, 5(1)
party 3
payment claim 3
payment
dispute 37(2)
records 35(1)
Registrar 3
relevant person 34(1),
48(3)
representative 35(1)
single business 52(2)
transport
association 37(1)
Tribunal 3, 38(2)
workplace 3