Road Safety Remuneration (Consequential Amendments and Related Provisions) Act 2012

(47 of 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 theRoad Safety Remuneration (Consequential Amendments and Related Provisions) Act 2012.

2   Commencement

This Act commences at the same time as theRoad 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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 "theRoad 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 theRoad 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 theRoad 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 theRoad 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 theRoad 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.