16Provision of applicable schedule to contractor before engagement

16 Provision of applicable schedule to contractor before engagement

S. 16(1) amended by No. 33/2019 s. 12(1)(2).

(1) A hirer who intends to engage a contractor (other than through a freight broker) must give the contractor a copy of the applicable rates and costs schedule at least 3 business days before the hirer engages the contractor.

Penalty: 25 penalty units in the case of a body corporate;

5 penalty units in any other case.

S. 16(2) amended by No. 33/2019 s. 12(3)(4).

(2) A freight broker who procures or arranges the engagement of a contractor by a hirer must give the contractor a copy of the applicable rates and costs schedule at least 3 business days before the contractor is engaged.

Penalty: 25 penalty units in the case of a body corporate;

5 penalty units in any other case.

S. 16(3) substituted by No. 33/2019 s. 12(5).

(3) Subsection (1) or (2) does not apply—

(a) to the second or subsequent engagement of a contractor by the same hirer or through the same freight broker if the interval between engagements does not exceed 12 months; or

(b) if the contractor is engaged for a period of less than 30 days.

S. 16(4) substituted by No. 14/2021 s. 88(1).

(4) If a contractor is engaged by the same hirer or through the same freight broker for a total of at least 30 days in any 3 month period, the hirer or freight broker must give the contractor the most recently published applicable schedule on or before the 30th day on which the contractor is engaged during that period.

Penalty: 25 penalty units in the case of a body corporate;

5 penalty units in any other case.

S. 16(5) inserted by No. 33/2019 s. 12(6).

(5) This section does not apply in relation to the engagement of a tip truck driver.

Note to s. 16 substituted as Notes by No. 33/2019 s. 12(7), amended by No. 14/2021 s. 88(2).

Notes

1 See section 26A for the manner of giving a rates and costs schedule to a contractor.

2 Section 60P applies to an offence against subsection (1), (2) or (4).

3 A failure to comply with this section may also result in the Tribunal making an order under section 45 regarding payment to the contractor.

S. 16A inserted by No. 33/2019 s. 13.