Road Safety Remuneration (Consequential Amendments and Related Provisions) Act 2012
No. 47, 2012
An Act to make consequential amendments and provide for other matters in connection with the Road Safety Remuneration Act 2012, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Amendments
Administrative Decisions (Judicial Review) Act 1977
Schedule 2—Application provisions
Road Safety Remuneration (Consequential Amendments and Related Provisions) Act 2012
No. 47, 2012
An Act to make consequential amendments and provide for other matters in connection with the Road Safety Remuneration Act 2012, and for related purposes
[Assented to 16 April 2012]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Road Safety Remuneration (Consequential Amendments and Related Provisions) Act 2012.
2 Commencement
This Act commences at the same time as the Road Safety Remuneration Act 2012.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Administrative Decisions (Judicial Review) Act 1977
1 Paragraph (a) of Schedule 1
After “Fair Work (Transitional Provisions and Consequential Amendments) Act 2009,”, insert “the Road Safety Remuneration Act 2012,”.
Schedule 2—Application provisions
1A Application of Part 4 of the Road Safety Remuneration Act 2012
(1) The Tribunal must not deal with a dispute under Part 4 of the Road Safety Remuneration Act 2012 before 1 January 2013, unless the Tribunal is satisfied that exceptional circumstances exist in relation to the dispute.
(2) A person who is entitled to make an application in relation to a dispute under paragraph 40(1)(b) of the Road Safety Remuneration Act 2012 may, by application to the Tribunal, request the Tribunal to consider whether exceptional circumstances exist in relation to the dispute.
1 Disputes involving employee road transport drivers
For the purposes of subsection 41(2) of the Road Safety Remuneration Act 2012, the reference in paragraph 41(2)(a) to a former employer dismissing a driver is a reference to a dismissal that happens after the commencement of that Act.
2 Disputes involving independent contractor road transport drivers
For the purposes of subsection 42(2) of the Road Safety Remuneration Act 2012, the reference in paragraph 42(2)(a) to a former hirer terminating a road transport contract is a reference to a termination that happens after the commencement of that Act.
[Minister’s second reading speech made in—
House of Representatives on 23 November 2011
Senate on 20 March 2012]
Overview
The Road Safety Remuneration (Consequential Amendments and Related Provisions) Act 2012 was enacted to make consequential amendments and provide for other matters in connection with the Road Safety Remuneration Act 2012. This Act was assented to on 16 April 2012 by the Parliament of Australia. Its purpose is to ensure that the provisions of the Road Safety Remuneration Act 2012 are implemented effectively by making necessary amendments to other related Acts and providing transitional provisions for the Tribunal. The Act also aims to address specific issues such as the timing of disputes under Part 4 of the Road Safety Remuneration Act 2012 and the interpretation of certain terms related to employee and independent contractor road transport drivers.
Scope and Application
The Road Safety Remuneration (Consequential Amendments and Related Provisions) Act 2012 applies to disputes involving road transport drivers, both employees and independent contractors, under the Road Safety Remuneration Act 2012. The Act ensures that the Fair Work Commission, acting as the Tribunal, cannot entertain disputes under Part 4 of the Road Safety Remuneration Act 2012 before 1 January 2013, unless there are exceptional circumstances. The Act also specifies that the dismissal of an employee driver or the termination of a road transport contract with an independent contractor must occur after the commencement of the Road Safety Remuneration Act 2012 to be considered under the Act. The provisions set out in Schedule 1 make consequential amendments to the Administrative Decisions (Judicial Review) Act 1977 to reflect the changes introduced by this Act. The Act extends to the Commonwealth of Australia and applies to all persons and entities involved in road transport within its jurisdiction, including employers, drivers, and hirers in the road transport industry.
Key Provisions
The Road Safety Remuneration (Consequential Amendments and Related Provisions) Act 2012 (section 1) is an Act that amends other legislation to align with the Road Safety Remuneration Act 2012. The Act commences on the same day as the Road Safety Remuneration Act 2012 (section 2). This Act includes Schedule 1, which amends the Administrative Decisions (Judicial Review) Act 1977 to include the Road Safety Remuneration Act 2012 as an act that is subject to judicial review (Schedule 1, item 1). Schedule 2 contains application provisions for the Road Safety Remuneration Act 2012.
The Road Safety Remuneration (Consequential Amendments and Related Provisions) Act 2012 imposes obligations on the Fair Work Commission (the "Tribunal") to not deal with disputes under Part 4 of the Road Safety Remuneration Act 2012 before 1 January 2013 unless exceptional circumstances exist in relation to the dispute (Schedule 2, item 1A(1)). It also provides that a person who is entitled to make an application in relation to a dispute under paragraph 40(1)(b) of the Road Safety Remuneration Act 2012 may request the Tribunal to consider whether exceptional circumstances exist in relation to the dispute (Schedule 2, item 1A(2)). Additionally, the Act clarifies that the reference to a former employer dismissing a driver or a former hirer terminating a road transport contract in subsections 41(2) and 42(2) of the Road Safety Remuneration Act 2012 is a reference to a dismissal or termination that happens after the commencement of that Act (Schedule 2, items 1 and 2).
The Road Safety Remuneration (Consequential Amendments and Related Provisions) Act 2012 does not explicitly state any offences, penalties, or consequences for breach. However, breaches of the Road Safety Remuneration Act 2012 may be subject to civil or criminal consequences as provided for in that Act. The maximum penalties for breaches of the Road Safety Remuneration Act 2012 are not specified in the Road Safety Remuneration (Consequential Amendments and Related Provisions) Act 2012. The Road Safety Remuneration (Consequential Amendments and Related Provisions) Act 2012 provides for consequential amendments and related provisions in connection with the Road Safety Remuneration Act 2012, and for related purposes. The Act imposes obligations on the Fair Work Commission to not deal with disputes before 1 January 2013 unless exceptional circumstances exist and provides clarification on the meaning of certain terms in the Road Safety Remuneration Act 2012. The Act does not explicitly state any offences, penalties, or consequences for breach, but breaches of the Road Safety Remuneration Act 2012 may be subject to civil or criminal consequences as provided for in that Act.