Commonwealth Consolidated Acts

INDEPENDENT CONTRACTORS ACT 2006 - SECT 5

General meaning

  (1)   A services contract is a contract for services:

  (a)   to which an independent contractor is a party; and

  (b)   that relates to the performance of work by the independent contractor; and

  (c)   that has the requisite constitutional connection specified in subsection   (2).

Note:   Conditions or collateral arrangements relating to a services contract may be taken to be part of the services contract: see subsection   (4).

The requisite constitutional connection

  (2)   A contract for services has the requisite constitutional connection if:

  (a)   at least one party to the contract is:

  (i)   a constitutional corporation; or

  (ii)   the Commonwealth or a Commonwealth authority; or

  (iii)   a body corporate incorporated in a Territory in Australia; or

  (b)   one or more of the following subparagraphs is satisfied:

  (i)   the work concerned is wholly or principally to be performed in a Territory in Australia;

  (ii)   the contract was entered into in a Territory in Australia;

  (iii)   at least one party to the contract is a natural person who is resident in, or a body corporate that has its principal place of business in, a Territory in Australia.

  (3)   Without limiting its effect apart from this subsection, subparagraph   (2)(a)(i) also has the effect it would have if the reference to a constitutional corporation were, by express provision, confined to a constitutional corporation that has entered into the contract for the purposes of the business of the corporation.

Conditions and collateral arrangements

  (4)   A condition or collateral arrangement that relates to a services contract is taken to be part of that services contract if, were the condition or arrangement itself a contract for services, it would have the requisite constitutional connection.