15RAMeanings of road transport contractual chain and in a road transport contractual chain

15RA Meanings of road transport contractual chain and in a road transport contractual chain

(1) A road transport contractual chain means a chain or series of contracts or arrangements:

(a) under which work is performed for a party to the first contract or arrangement in the chain or series by a regulated road transport contractor or a road transport employee‑like worker under a services contract, or by an employee; and

(b) in which at least one party to the first contract or arrangement in the chain or series is a constitutional corporation.

(2) A person is in a road transport contractual chain if:

(a) the person is a party (a primary party) to the first contract or arrangement in the road transport contractual chain; or

(b) the person is a party (a secondary party) to a subsequent contract or arrangement in the road transport contractual chain, being a contract or arrangement under which work is performed for the secondary party by a regulated road transport contractor or a road transport employee‑like worker under a services contract, or by an employee; or

(c) the person is a regulated road transport contractor or a road transport employee‑like worker who performs work under a services contract in the road transport contractual chain.

(3) Despite subsection (2), an individual is not in a road transport contractual chain in relation to:

(a) the delivery of a thing to the individual by a regulated road transport contractor, a road transport employee‑like worker or an employee, if the delivery of the thing is solely for the individual’s private or domestic purposes; or

(b) the consignment of a thing by the individual for delivery by a regulated road transport contractor, a road transport employee‑like worker or an employee if the consignment of the thing is solely for the individual’s private or domestic purposes; or

(c) work performed by the individual in the capacity of an employee; or

(d) work performed by the individual in an industry prescribed by the regulations for the purposes of this subsection.

(4) For the purposes of paragraph (3)(d):

(a) an industry may be specified by name or by inclusion in a specified class or specified classes; and

(b) an industry may be specified in respect of work in the road transport industry, or in respect of specified forms of such work.

(5) For the purposes of subsection (1), work performed by a regulated road transport contractor or a road transport employee‑like worker under a services contract, or by an employee, in a chain or series of contracts or arrangements:

(a) is taken to be performed for the person who engaged the regulated road transport contractor, road transport employee‑like worker or employee; and