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
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
Year and Number
Date of FRLI registration
Date of commencement
Application, saving or transitional provisions
2007 No. 23
21 Feb 2007 (see F2007L00413)
1 Mar 2007
2008 No. 148
22 July 2008 (see F2008L02607)
1 Aug 2008
—
2009 No. 333
27 Nov 2009 (see F2009L04308)
28 Nov 2009
—
2010 No. 134
21 June 2010 (see F2010L01586)
Rr. 1–3 and Schedule 1: 1 July 2010; R. 4 and Schedule 2: 10 Dec 2011 (see r. 2 (b))
—
2011 No. 155
19 Aug 2011 (see F2011L01694)
20 Aug 2011
—
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted