Independent Contractors Regulations 2007

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Independent Contractors Regulations 2007

Select Legislative Instrument 2007 No. 23 as amended

made under the

Independent Contractors Act 2006

This compilation was prepared on 7 February 2012 taking into account amendments up to SLI 2011 No. 155

Prepared by the Office of Legislative Drafting and Publishing, Attorney-General’s Department, Canberra

Contents

 1 Name of Regulations [see Note 1]

 2 Commencement 

 3 Interpretation 

 4 Saving of various State and Territory laws 

 5 Time limit on applications for review of services contracts — prescribed circumstances (time limit for applications)             

 6 Limitation on applications for review of services contracts — other proceedings in progress             

 7 Modification of Act 

Schedule 1 Modification of Act 

Notes   

 

 

 

1 Name of Regulations [see Note 1]

  These Regulations are the Independent Contractors Regulations 2007.

2 Commencement

  These Regulations commence on 1 March 2007.

3 Interpretation

Act means the Independent Contractors Act 2006.

4 Saving of various State and Territory laws

  For paragraph 7 (2) (c) of the Act, the laws of a State or Territory that are mentioned in the table are specified.

 

• Item Law Specific provisions (if any)
• New South Wales
• 101 Building and Construction Industry Security of Payment Act 1999
• 102 Health Services Act 1997 Parts 1 to 4 of Chapter 8, and the Dictionary at the end of the Act.
• Victoria
• 201 Building and Construction Industry Security of Payment Act 2002
• Queensland
• 301 Building and Construction Industry Payments Act 2004
• 302 Queensland Building Services Authority Act 1991
• Western Australia
• 401 Construction Contracts Act 2004
• 402 Owner‑Drivers (Contracts and Disputes) Act 2007
• South Australia
• 501 Building and Construction Industry Security of Payment Act 2009
• Tasmania
• 601 Building and Construction Industry Security of Payment Act 2009
• Australian Capital Territory
• 701 Building and Construction Industry (Security of Payment) Act 2009
• Northern Territory
• 801 Construction Contracts (Security of Payments) Act

Note   Under subsection 7 (1) of the Act, the rights, entitlements, obligations and liabilities of a party to a services contract are not affected by a law of a State or Territory to the extent that the law would otherwise do one or more of the things specified in that subsection.

However, subsection 7 (2) of the Act provides that subsection 7 (1) does not apply in relation to various State and Territory laws, including laws specified in regulations made for the purposes of paragraph 7 (2) (c) of the Act, to the extent that the law is so specified.

5 Time limit on applications for review of services contracts — prescribed circumstances (time limit for applications)

 (1) For section 13 of the Act, and subject to subregulation (2), a circumstance in which an application must not be made under subsection 12 (1) of the Act is that the time limit for making an application of that kind has expired.

 (2) However, if a person satisfies the Court that there are exceptional circumstances justifying the making of the application:

 (a) subregulation (1) does not apply; and

 (b) the Court may, on application by the person, allow an application under subsection 12 (1) of the Act to be made at any time after the time limit expires.

 (3) The time limit expires after a period of 12 months starting on the date on which a services contract ends.

6 Limitation on applications for review of services contracts — other proceedings in progress

  For paragraph (b) of the definition of other review proceedings in subsection 14 (3) of the Act, the provisions of the laws of the Commonwealth, or of a State or Territory, that are mentioned in the table are specified.

 

• Item Law Provisions
• Commonwealth
• 101 Trade Practices Act 1974 sections 51AA, 51AB and 51AC
• New South Wales
• 201 Fair Trading Act 1987 section 43
• Victoria
• 301 Fair Trading Act 1999 sections 7, 8, 8A and 8B
• Queensland
• 401 Fair Trading Act 1989 section 39
• Western Australia
• 501 Fair Trading Act 1987 section 11
• South Australia
• 601 Fair Trading Act 1987 section 57
• Tasmania
• 701 Fair Trading Act 1990 sections 15 and 15A
• Australian Capital Territory
• 801 Fair Trading Act 1992 section 13
• Northern Territory
• 901 Consumer Affairs and Fair Trading Act section 43

Note   The expression other review proceedings is defined in subsection 14 (3) of the Act, and includes proceedings in relation to a services contract under a provision of a law of the Commonwealth, or of a State or Territory, that is specified in regulations made for the purposes of paragraph 14 (3) (b) of the Act.

7 Modification of Act

  For subsection 42 (2) of the Act, paragraph 35 (4) (b) of the Act is modified as set out in Schedule 1.

 

Schedule 1 Modification of Act

(regulation 7)

 

1.1 Paragraph 35 (4) (b), except the note

substitute

 (b) either:

 (i) if a State or Territory contractor law relates to visiting medical officers (however described) — 1 September 2014; or

 (ii) in any other case — the first day after the end of the period of 4 years and 6 months that started on the reform commencement.

 

Notes to the Independent Contractors Regulations 2007

Note 1

The Independent Contractors Regulations 2007 (in force under the Independent Contractors Act 2006) as shown in this compilation comprise Select Legislative Instrument 2007 No. 23 amended as indicated in the Tables below.

Table of Instruments

Table of Amendments

• ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
• Provision affected How affected
• R. 4................. am. 2008 No. 148; 2010 No. 134; 2011 No. 155
• R. 7................. ad. 2009 No. 333
• Schedule 1
• Schedule 1............ ad. 2009 No. 333
• am. 2011 No. 155