45Additional power of Tribunal where failure to give information booklet or rates and costs schedule

45 Additional power of Tribunal where failure to give information booklet or rates and costs schedule

(1) This section applies to a dispute involving an allegation that a hirer or freight broker failed to give a contractor an information booklet or a copy of a rates and costs schedule in accordance with Division 1 or 2 of Part 2.

(2) Despite any provision in the relevant regulated contract, the Tribunal may make an order that the contractor is to be paid an amount specified by the Tribunal for the contractor's services under the contract.

(3) In deciding what amount to specify in the order, the Tribunal must have regard to the following—

(a) the terms of the relevant regulated contract;

(b) the amount to which the contractor would have been entitled if the contractor had provided the services as an employee;

(c) any applicable rates and costs schedule;

(d) what is a fair and reasonable amount in the circumstances.