Document ID: chunk:federal_register_of_legislation:F2024L01574:reg:10
Version: federal_register_of_legislation:F2024L01574
Segment Type: reg
Provision Reference: reg 10
Character Range: 9259–11799

10  Decision about termination of services contract

Mandatory considerations in termination decision
 (1) In considering whether to terminate the services contract of a regulated road transport contractor after the show cause process in section 9 is complete, a road transport business must have regard to the following matters (where applicable):
 (a) the contractor's response to the opportunity to show cause why the contract should not be terminated;
 (b) whether the circumstances that led to the show cause process:
 (i) were within the control of the contractor; or
 (ii) resulted from the contractor meeting its obligations under the Heavy Vehicle National Law (as set out in the Schedule to the Heavy Vehicle National Law Act 2012 (Qld)) or any other State or Territory law that regulates the use of vehicles on roads;
 (c) the financial investment that the contractor has made in vehicles and other equipment necessary to perform work under the contract (in particular, whether such investment was necessary for the contractor to obtain the contract);
 (d) the history of performance of services by the contractor for the business under the contract;
 (e) the length of time the contractor has performed work in the road transport industry for the business;
 (f) any other relevant matters.
 (2) After considering the matters in subsection (1), the road transport business must:
 (a) decide not to terminate the contractor's services contract; or
 (b) decide to terminate the contract.
 (3) The road transport business may decide to terminate the services contract only if:
 (a) the reason for the termination is a valid reason; and
 (b) the business considers on reasonable grounds that the reason has been established.

Notifying decision not to terminate services contract
 (4) If the road transport business decides not to terminate the services contract, the business must, as soon as reasonably practicable, give notice to the regulated road transport contractor to that effect.

Notifying decision to terminate services contract
 (5) If the road transport business decides to terminate the services contract, the business must, as soon as reasonably practicable, notify the regulated road transport contractor of the following matters:
 (a) that the business has decided to terminate the contract;
 (b) the reason for the termination;
 (c) the day on which the termination will take effect;
 (d) when and how any final payments owing to the contractor will be made.

Division 2—Matters relating to code process generally