Independent Contractors Regulation 2016 (Cth)
made under the
This is a compilation of the
The notes at the end of this compilation (the
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
This is the
Independent Contractors Regulation 2016 .
This instrument is made under the
Independent Contractors Act 2006 .
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) Court;
(b) services contract.
In this instrument:
Act means theIndependent Contractors Act 2006 .
For the purposes of paragraph 7(2)(c) of the Act, the following are specified:
(a) all of the
Building and Construction Industry Security of Payment Act 1999 (NSW);(b) Parts 1 to 4 of Chapter 8, and the Dictionary at the end, of the
Health Services Act 1997 (NSW);(c) all of the
Building and Construction Industry Security of Payment Act 2002 (Vic.);(d) all of the
Building and Construction Industry Payments Act 2004 (Qld);(da) all of the
Building Industry Fairness (Security of Payment) Act 2017 (Qld);(db) Chapter 10A of the
Industrial Relations Act 2016 (Qld), and any other provision of that Act to the extent that it relates to, or has effect for the purposes of, a provision of that Chapter;(e) all of the
Queensland Building and Construction Commission Act 1991 (Qld);(ea) all of the
Building and Construction Industry (Security of Payment) Act 2021 (WA);(f) all of the
Construction Contracts (Former Provisions) Act 2004 (WA);(g) all of the
Owner‑Drivers (Contracts and Disputes) Act 2007 (WA);(h) all of the
Building and Construction Industry Security of Payment Act 2009 (SA);(i) all of the
Building and Construction Industry Security of Payment Act 2009 (Tas.);(j) all of the
Building and Construction Industry (Security of Payment) Act 2009 (ACT);(k) all of the
Construction Contracts (Security of Payments) Act 2004 (NT).Note: The effect of State and Territory laws specified for the purposes of paragraph 7(2)(c) of the Act on the rights, entitlements, obligations and liabilities of a party to a services contract is not limited by subsection 7(1) of the Act.
For the purposes of section 13 of the Act (which prohibits an application to the Court in prescribed circumstances to review a services contract), this section prescribes the circumstances that both of the following apply:
(a) 12 months have passed since the services contract ended;
(b) the Court has not allowed the making of the application after being satisfied that there are exceptional circumstances justifying the making of the application.
For the purposes of paragraph (b) of the definition of
other review proceedings in subsection 14(3) of the Act, sections 20, 21 and 250 of the Australian Consumer Law are specified.Note: The reference to the Australian Consumer Law is a reference to the Australian Consumer Law as applied under Division 2 of Part XI of the
Competition and Consumer Act 2010 (as a law of the Commonwealth) and as applied as a law of each State and Territory that is a party to the Intergovernmental Agreement for the Australian Consumer Law: see section 140K of that Act.
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = | Sch = Schedule(s) |
LIA = | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
Independent Contractors Regulation 2016 | 9 Dec 2016 (F2016L01896) | 2 Jan 2017 (s 2(1) item 1) | |
Instruments Update (Autumn 2024) Regulations 2024 | 14 Mar 2024 (F2024L00297) | Sch 1 (item 27): 11 Apr 2024 (s 2(1) item 1) | — |
Fair Work Legislation Amendment (Closing Loopholes) Regulations 2024 | 20 Aug 2024 (F2024L01031) | Sch 1 (items 19–21, 23): 26 Aug 2024 (s 2(1) item 2) | — |
s 2............................................. | rep LA s 48D |
s 4............................................. | rep LA s 48C |
s 6............................................. | am F2024L00297; F2024L01031 |
s 8............................................. | am F2024L01031 |
Schedule 1.................................. | rep LA s 48C |
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