Document ID: chunk:federal_register_of_legislation:F2024L01574:reg:14
Version: federal_register_of_legislation:F2024L01574
Segment Type: reg
Provision Reference: reg 14
Character Range: 12954–15671

14  Matters that may constitute a valid reason for termination
 (1) A matter set out in any of the following subsections may constitute a valid reason for the termination, by a road transport business, of a services contract with a regulated road transport contractor who performs work for the business under the contract.
Note: If the matter constitutes serious misconduct, the code process does not apply to the termination of the services contract with the regulated road transport contractor (see subsection 6(2)).

Failure to meet standards etc.
 (2) The regulated road transport contractor fails or refuses to meet standards or requirements for the performance of services that have been communicated to the contractor by the road transport business or of which the contractor is otherwise aware.

Safety breaches
 (3) The regulated road transport contractor engages in, or is engaged in:
 (a) a serious safety breach; or
 (b) a series of safety breaches.
 (4) For the purposes of subsection (3), a reference to a safety breach includes, but is not limited to, a failure or refusal to comply with any one or more of the following laws:
 (a) a work, health and safety law that applies to the regulated road transport contractor in providing services under the services contract;
 (b) the Heavy Vehicle National Law (as set out in the Schedule to the Heavy Vehicle National Law Act 2012 (Qld));
 (c) any other law of a State or Territory that regulates the use of vehicles on roads.

Fraudulent or dishonest conduct
 (5) The regulated road transport contractor engages in fraudulent or dishonest conduct including, but not limited to, misrepresenting or falsifying information provided to the road transport business.

Licensing or accreditation requirements
 (6) The regulated road transport contractor has not complied with licensing or accreditation requirements imposed on the contractor by or under a law of the Commonwealth, a State or a Territory.
 (7) The road transport business contravenes, or may contravene, licensing or accreditation requirements imposed on the business by or under a law of the Commonwealth, a State or a Territory because of a matter relating to the conduct or capacity of the regulated road transport contractor.

Termination permitted by services contract
 (8) The matter is one for which the services contract allows termination of the contract by the road transport business for breach of the contract by the regulated road transport contractor.

No limitation on valid reasons
 (9) This section does not limit the matters that may constitute a valid reason for the termination, by a road transport business, of a services contract with a regulated road transport contractor.