Document ID: chunk:federal_register_of_legislation:F2024L01574:reg:6
Version: federal_register_of_legislation:F2024L01574
Segment Type: reg
Provision Reference: reg 6
Character Range: 3718–5091

6  When code process for termination must be followed
 (1) To be taken to comply with this instrument, a road transport business must follow the code process in relation to the proposed termination of a services contract of a regulated road transport contractor who is protected from unfair termination if:
 (a) the business is considering terminating the contract; and
 (b) the reason for the termination is:
 (i) subject to subsection (2), a matter related to the contractor's conduct in performing work in the road transport industry for the business under the contract; or
 (ii) a matter related to the contractor's capacity to perform such work under the contract.
Note: To be protected from unfair termination by a road transport business, a regulated road transport contractor must have performed work for the business under one or more services contracts for at least 6 months (see paragraph 536LE(c) of the Act).
 (2) The code process does not apply to the termination by a road transport business of a services contract of a regulated road transport contractor for serious misconduct by the contractor.
Note 1: A termination that occurs because of serious misconduct of a regulated road transport contractor is not unfair (see subsection 536LM(2) of the Act).
Note 2: Serious misconduct has the meaning prescribed by the regulations (see section 12 of the Act).