Western Australian Numbered Acts

OWNER-DRIVERS (CONTRACTS AND DISPUTES) ACT 2007 (NO. 7 OF 2007)

TABLE OF PROVISIONS

           Long Title
           Preamble

   PART 1 -- Preliminary  

   1.      Short title  
   2.      Commencement  
   3.      Terms used in this Act  
   4.      Meaning of “owner-driver”  
   5.      Meaning of “owner-driver contract”  
   6.      Application of Act  
   7.      Act prevails over owner-driver contracts  
   8.      Act binds Crown

   PART 2 -- Content of owner-driver contracts

           Division 1 -- Prohibited provisions  

   9.      Prohibited: pay if paid/when paid provisions  
   10.     Prohibited: provisions requiring payment to be made after 30 days  
   11.     Prohibited: prescribed provisions  
   12.     Other provisions of contract not affected

           Division 2 -- Implied provisions  

   13.     Time for payment  
   14.     Interest on overdue payments  
   15.     Making payment claims  
   16.     Interpretation of implied provisions

   PART 3 -- Road Freight Transport Industry Council  

   17.     Road Freight Transport Industry Council established  
   18.     Membership of Council  
   19.     Functions  
   20.     Powers  
   21.     Minister may give directions  
   22.     Minister to have access to information  
   23.     Constitution and proceedings of Council  
   24.     Remuneration and allowances  
   25.     Department to provide support services to Council

   PART 4 -- Code of conduct  

   26.     Regulations may prescribe code of conduct  
   27.     Content of code of conduct

   PART 5 -- Negotiations for owner-driver contracts  

   28.     Negotiating agents for owner-drivers  
   29.     Negotiating agents for hirers

   PART 6 -- Unconscionable conduct  

   30.     Unconscionable conduct by hirers  
   31.     Unconscionable conduct by owner-drivers

   PART 7 -- Inspectors  

   32.     Functions of inspectors  
   33.     Obstructing or hindering inspector

   PART 8 -- Rights of entry, inspection and access to records  

   34.     Access to records  
   35.     Right of entry by representative to investigate breaches  
   36.     Enforcement of section 35

   PART 9 -- Road Freight Transport Industry Tribunal  

   37.     Terms used in this Part  
   38.     Industrial Relations Commission sitting as the Road Freight Transport Industry Tribunal  
   39.     Jurisdiction to be exercised by Commissioner with necessary qualifications  
   40.     Persons who may refer disputes and matters to the Tribunal  
   41.     Intervention in proceeding  
   42.     Representation  
   43.     Applied provisions: practice, procedure and appeals  
   44.     Conciliation  
   45.     Compulsory attendance at conciliation  
   46.     Enforcement for the purposes of sections 44 and 45  
   47.     Determination of dispute where no resolution by conciliation  
   48.     Order to prevent entering into of owner-driver contracts  
   49.     Other jurisdictions  
   50.     Enforcement of monetary order  
   51.     Enforcement of order other than conciliation or monetary order

   PART 10 -- Miscellaneous  

   52.     Trade Practices Act and Competition Code  
   53.     Confidentiality  
   54.     Laying documents before Parliament  
   55.     Protection from liability  
   56.     Protection for compliance with this Act  
   57.     Regulations  
   58.     Consequential amendments  
   59.     Review of Act
           SCHEDULE 1 -- Implied provisions
           SCHEDULE 2 -- Constitution and proceedings of Council
           SCHEDULE 3 -- Consequential amendments  
           
[Assented to 6 June 2007]