Part 1Part 1 Application and definitions
306 Contracts to which Chapter applies
The contracts to which this Chapter applies are contracts of bailment and contracts of carriage.
307 Contract of bailment—meaning
(1) For the purposes of this Chapter, a contract of bailment is a contract under which:(a) a public vehicle that is a taxi-cab is bailed to a person to enable the person to ply for hire, or(b) a public vehicle that is a private hire vehicle is bailed to a person to transport passengers.(2) If a person:(a) is in possession of a private hire vehicle otherwise than as a bailee or employee, and(b) is engaged in transporting passengers in the private hire vehicle pursuant to a licence under the Passenger Transport Act 1990 of which the person is not the holder,this Chapter applies to and in respect of that person in the same way as it would apply if the person were in possession of the private hire car under a contract of bailment made with the holder of the licence.
For the purposes of this Chapter, a bailor is the bailor under a contract of bailment to which this Chapter applies.
309 Contract of carriage—meaning
(1) For the purposes of this Chapter, a contract of carriage is a contract (whether written or oral or partly written and partly oral) for the transportation of goods by means of a motor vehicle or bicycle in the course of a business of transporting goods of that kind by motor vehicle or bicycle, but only:(a) where the carrier is not a partnership or body corporate—if no person except the carrier is, except in the prescribed circumstances, employed (whether pursuant to a contract of employment or not and whether by the carrier or not) in driving or riding on that or any other motor vehicle or bicycle in the course of that business, or(b) where the carrier is a partnership—if no person other than a partner is, except in the prescribed circumstances, employed (whether pursuant to a contract of employment or not and whether by the partnership or not) in driving or riding on that or any other motor vehicle or bicycle in the course of that business, or(c) where the carrier is a body corporate—if no person is, except in the prescribed circumstances, employed (whether pursuant to a contract of employment or not and whether by the body corporate or not) in driving or riding on that or any other motor vehicle or bicycle in the course of that business unless the person is:(i) a director of the body corporate or a member of the family of a director of the body corporate, or(ii) a person who, together with the members of his or her family, has a controlling interest in the body corporate, or(iii) a member of the family of a person who, together with the members of his or her family, has a controlling interest in the body corporate.(2) For the purposes of subsection (1), a reference to a carrier includes a carrier carrying on business under a franchise or other arrangement.(3) A contract of carriage includes any contract that the Commission declares, after inquiry, to be such a contract. The Commission may make such a declaration if, in its opinion:(a) the contract was entered into for the purpose of defeating, evading or avoiding the provisions of this Act relating to contracts of carriage, and(b) but for being entered into for that purpose, the contract would have been a contract of carriage.(4) A contract of carriage does not include a contract:(a) that is, if the carrier is a common carrier, made in the ordinary course of the business of the carrier as a common carrier, or(b) that is made in the ordinary course of business for the carriage of packaged goods for different principal contractors by the use of the same motor vehicle or bicycle, or(c) for the carriage of mail by or on behalf of Australia Post, or(d) for the carriage of bread, milk or cream for sale or delivery for sale, or(e) for the carriage of goods that are to be sold pursuant to orders solicited during the carriage of the goods, or(f) for the carriage of livestock, or(g) if the principal contractor is a primary producer or a member of the family of a primary producer and the contract is for the transportation of primary produce (other than timber), or(h) for the transportation of primary produce (other than timber) from or to land used for primary production, or(i) for the delivery of meals by couriers to homes or other premises for consumption.
310 Principal contractor—meaning
(1) For the purposes of this Chapter, a principal contractor is, subject to this section, the person for whom the carrier under a contract of carriage agrees to transport goods to which the contract relates.(2) If:(a) a contract of carriage is made by the acceptance by an agent of the carrier of an offer to enter into the contract not directed specifically to that carrier, and(b) the agent accepted the offer in the course of a business of acting as agent for the receipt and acceptance, on behalf of 2 or more prospective carriers, of offers to enter into contracts of carriage, and(c) the agent has a discretion in the selection of the prospective carrier on whose behalf an offer received in the course of that business will be accepted by the agent,the agent is, for the purposes of this Chapter, to be regarded as the principal contractor under the contract to the exclusion of the offerer.(3) For the purposes of section 309 (4) (a) and (b), the carrier under a contract of carriage made as referred to in subsection (2) is to be regarded as having held himself or herself out as ready to transport the goods to which the contract relates for the person required by subsection (2) to be regarded as the principal contractor and not to have held himself or herself out as ready to transport the goods for the offerer so referred to.
310A Authorisations for purposes of Trade Practices Act 1974 of the Commonwealth
(1) The following things are specifically authorised by this Act for the purposes of section 51 of the Trade Practices Act 1974 of the Commonwealth and the Competition Code of New South Wales:(a) anything done by the Commission in exercising its functions under this Chapter,(b) anything done by a person in order to comply with a contract determination of the Commission under this Chapter,(c) the entering into of an agreement approved by the Commission under this Chapter,(d) the doing of anything preparatory or incidental to the entering into of any such agreement,(e) anything done under any such agreement,(f) anything done by the Contracts of Carriage Tribunal in exercising its functions under this Chapter.(2) Things authorised to be done by subsection (1) are authorised only to the extent (if any) that they would otherwise contravene Part IV of the Trade Practices Act 1974 of the Commonwealth or the Competition Code of New South Wales.(3) This section extends to any contract determination made or agreement entered into before the commencement of this section.(4) (Repealed)