7Meaning of road transport driver—corporation

7 Meaning of road transport driver—corporation

Road transport driver—corporation (1) This section applies to a corporation (for the purposes of paragraph 5(b)) if: (a) the corporation engages in the road transport industry by transporting things by road using one or more vehicles supplied by the corporation or a related individual; and (b) the vehicle or each vehicle is mainly driven by a related individual; and (c) the related individual’s principal occupation is driving the vehicle or vehicles; and (d) the corporation is a constitutional corporation. Corporation, not individual, is road transport driver if both could apply (2) If a corporation is a road transport driver, then despite paragraph 5(a), any individual referred to in subsection (1) of this section as a related individual who drives one or more of the corporation’s vehicles is taken not to be a road transport driver. Related individual (3) Each of the following individuals is a related individual of a corporation: (a) a director of the corporation; (b) a member of the immediate family of a director of the corporation; (c) an individual who, together with members of the individual’s immediate family, has a controlling interest in the corporation; (d) a member of the immediate family of an individual who, together with members of the individual’s immediate family, has a controlling interest in the corporation. Controlling interest and immediate family (4) In this Act:

controlling interest in a corporation means an interest in the corporation that enables the person holding the interest to:

(a) control the composition of the board of directors of the corporation; or
(b) cast or control the casting of more than one‑half of the maximum number of votes that might be cast at a general meeting of the corporation; or
(c) control more than one‑half of the issued share capital of the corporation (excluding any part of that issued share capital that carries no right to participate beyond a specified amount in a distribution of either profits or capital).

immediate family of an individual has the same meaning as immediate family has for a national system employee under the Fair Work Act 2009.