Western Australian Consolidated Acts

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OWNER-DRIVERS (CONTRACTS AND DISPUTES) ACT 2007 - SECT 3

3 .         Terms used in this Act

                In this Act, unless the contrary intention appears —

        code of conduct means the code of conduct made under Part 4;

        Council means the Road Transport Freight Industry Council established by section 17;

        Department means the department of the Public Service principally assisting in the administration of this Act;

        goods includes freight and materials;

        gross vehicle mass has the same meaning as it has in the Road Traffic Act 1974 section 111AB(4);

        guideline rates means rates of payment published in accordance with section 27(1)(f);

        heavy vehicle means a vehicle, as defined in the Road Traffic Act 1974 , with a gross vehicle mass of more than 4.5 tonnes;

        hirer means a person who engages an owner-driver under an owner-driver contract;

        inspector means an Industrial Inspector as defined in the IR Act section 7;

        IR Act means the Industrial Relations Act 1979 ;

        owner-driver has the meaning given to that term in section 4;

        owner-driver contract has the meaning given to that term in section 5;

        party , in relation to an owner-driver contract, means a party to the contract;

        payment claim means a claim made under an owner-driver contract —

            (a)         by the owner-driver to the hirer for payment of an amount in relation to the performance by the owner-driver of the owner-driver’s obligations under the contract; or

            (b)         by the hirer to the owner-driver in relation to the performance or non-performance by the owner-driver of the owner-driver’s obligations under the contract;

        Registrar has the meaning given to that term by the IR Act section 7;

        Tribunal has the meaning given to that term in section 38(2);

        workplace means a place, whether or not in a vehicle, building or other structure, where owner-drivers or hirers work or are likely to be in the course of their work.

        [Section 3 amended by No. 47 of 2011 s. 27.]



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