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Independent Contractors Regulations 2007

Authoritative Version
SLI 2007 No. 23 Regulations as amended, taking into account amendments up to SLI 2010 No. 134
These Regulations clarify the operation of the exclusion provisions in the Independent Contractors Act 2006 and the circumstances in which an unfair contracts application may be made under that Act.
Administered by: Innovation, Industry, Science and Research
Registered 01 Jul 2010
Start Date 01 Jul 2010
End Date 19 Aug 2011
Date of repeal 02 Jan 2017
Repealed by Independent Contractors Regulation 2016

Independent Contractors Regulations 2007

Select Legislative Instrument 2007 No. 23 as amended

made under the

This compilation was prepared on 1 July 2010
taking into account amendments up to SLI 2010 No. 134

The text of any of those amendments not in force
on that date is appended in the Notes section

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


Contents

                        1     Name of Regulations [see Note 1]                                     3

                        2     Commencement                                                              3

                        3     Interpretation                                                                   3

                        4     Saving of various State and Territory laws                           3

                        5     Time limit on applications for review of services contracts — prescribed circumstances (time limit for applications)                                                                    4

                        6     Limitation on applications for review of services contracts — other proceedings in progress        5

                        7     Modification of Act                                                           6

Schedule 1             Modification of Act                                                        7

Notes                                                                                                            8

 


  

  

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, 3 and 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

 

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)    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: (see r. 2 (b) and Note 2)

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

R. 7..........................................

ad. 2009 No. 333

Note 2

Independent Contractors Amendment Regulations 2010 (No. 1)
(2010 No. 134)

The following amendment commences on the commencement of the Building and Construction Industry Security of Payment Act 2009 (SA):

Schedule 2

[1]           Regulation 4, table, after item 402

insert

South Australia

501

Building and Construction Industry Security of Payment Act 2009

 

As at 1 July 2010 the amendments are not incorporated in this compilation.