Independent Contractors Regulations 2007 (Cth)

Independent Contractors Regulations 2007

Select Legislative Instrument 2007 No. 23 as amended

made under the

Independent Contractors Act 2006

This compilation was prepared on 7 February 2012
taking into account amendments up to SLI 2011 No. 155

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

Contents

1Name of Regulations [see Note 1]                            3

2Commencement                                                 3

3Interpretation                                                     3

4Saving of various State and Territory laws                   3

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

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

7Modification of Act                                               6

Schedule 1Modification of Act                                             7

Notes 8

1. Name of Regulations [see Note 1]

These Regulations are the Independent Contractors Regulations 2007.

1. Commencement

These Regulations commence on 1 March 2007.

1. Interpretation

Act means the Independent Contractors Act 2006.

1. 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 to 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
South Australia
501	Building and Construction Industry Security of Payment Act 2009
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.

1. 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.

1. 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.

1. 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)

1.1Paragraph 35 (4) (b), except the note

substitute

(b)either:

(i)if a State or Territory contractor law relates to visiting medical officers (however described) — 1 September 2014; or

(ii)in any other case — 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: 10 Dec 2011 (see r. 2 (b))	—
2011 No. 155	19 Aug 2011 (see F2011L01694)	20 Aug 2011	—

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; 2011 No. 155
R. 7..........................................	ad. 2009 No. 333
Schedule 1
Schedule 1.............................	ad. 2009 No. 333
am. 2011 No. 155