negotiating agent means a person or group of persons appointed under Division 5 of Part 2; officer of a corporation has the same meaning as in the Corporations Act; owner driver has the meaning given in section 4(1); owner driver contract has the meaning given in section 4(2); person includes a partnership; rates and costs schedule means a schedule published under section 15 as revised from time to time; regulated contract means an owner driver contract, a haulage contract or a harvesting contract; S. 3 def. of Small Business Commission inserted by No. 16/2017 s. 47(b). Small Business Commission means the Small Business Commission established under section 4 of the Small Business Commission Act 2017; S. 3 def. of Small Business repealed by No. 16/2017 s. 47(a). * * * * * Transport Industry Council means Transport Industry Council of Victoria established by section 55; Tribunal means Victorian Civil and Administrative Tribunal established by section 8 of the Victorian Civil and Administrative Tribunal Act 1998;
(4) For the avoidance of doubt, an owner driver contract does not include a contract that is a contract of employment. (5) Subsections (1) and (2) are subject to section 7. 5 Haulage contractors and haulage contracts (1) For the purposes of this Act, a haulage contractor is— (a) a natural person who carries on a business of transporting forest products in one or more vehicles supplied by him or her and operated by him or her (whether solely or with the use of additional or relief operators); or (b) a corporation (other than a listed public company) that carries on a business of transporting forest products in one or more vehicles supplied by the corporation or an officer of the corporation and operated by an officer of the corporation (whether solely or with the use of additional or relief operators); or (c) a partnership of persons referred to in paragraph (a). (2) For the purposes of this Act, a haulage contract is a contract made in the course of business by a haulage contractor with another person for the transport of forest products by the haulage contractor. (3) It is irrelevant whether a haulage contract provides for a haulage contractor to perform services other than transporting forest products, as long as the services to be performed under the contract predominantly relate to the transport of forest products.
(5) Nothing in this section prevents persons entering a regulated contract under which notice of termination may not be given before a specified date. 22 Payment in lieu of notice (1) A hirer may, in lieu of the notice period required by section 21, pay a contractor an amount calculated in accordance with this section. (2) The amount is the gross amount less the deductible amount. (3) The gross amount is the higher of— (a) the amount that would be paid under the regulated contract for the minimum number of hours specified in the contract over the minimum required period of notice; (b) the monthly average of the amount paid to the contractor by the hirer over the period of 6 months immediately before the termination multiplied by the number of months of the minimum required period of notice. (4) The deductible amount is— S. 22(4)(a) amended by No. 40/2007 s. 5(a). (a) if the relevant vehicle or motorised equipment is subject to finance arrangements at the time of termination, the amount of variable overhead costs as provided in the most recent applicable rates and costs schedule that would be payable over the minimum required period of notice; or S. 22(4)(b) substituted by No. 40/2007 s. 5(b). (b) if the relevant vehicle or motorised equipment is not subject to finance arrangements at the time of termination, the amount of— (i) overhead costs for finance arrangements for a vehicle or motorised equipment; and
(b) terminate the appointment at any time. (4) While acting in a member's place, the acting member— (a) has all the powers and must perform all the duties of the member; and (b) is entitled to be paid the fees and allowances (if any) to which the member would have been entitled. (5) An acting member is eligible for re-appointment. 5 Resignation and removal (1) A member may resign from the office of member by writing signed by the member and delivered to the Minister. (2) The Minister may remove a member from office at any time. (3) The office of a member also becomes vacant if the member— Sch. 1 cl. 5(3)(a) amended by No. 4/2008 s. 32(Sch. item 23). (a) becomes an insolvent under administration; or (b) is convicted in Victoria of an offence punishable by imprisonment for 12 months or more or elsewhere of an offence that, if committed in Victoria, would be punishable by imprisonment for 12 months or more; or (c) becomes incapable of performing the duties of a member; or (d) is absent, without leave first being granted by the relevant Council, for 4 consecutive meetings of that Council of which reasonable