Commonwealth Consolidated Acts

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WORK HEALTH AND SAFETY ACT 2011 - SECT 5

Meaning of person conducting a business or undertaking

             (1)  For the purposes of this Act, a person conducts a business or undertaking :

                     (a)  whether the person conducts the business or undertaking alone or with others; and

                     (b)  whether or not the business or undertaking is conducted for profit or gain.

             (2)  A business or undertaking conducted by a person includes a business or undertaking conducted by a partnership or an unincorporated association.

             (3)  If a business or undertaking is conducted by a partnership (other than an incorporated partnership), a reference in this Act to a person conducting the business or undertaking is to be read as a reference to each partner in the partnership.

             (4)  A person does not conduct a business or undertaking to the extent that the person is engaged solely as a worker in, or as an officer of, that business or undertaking.

             (5)  An elected member of a local authority does not in that capacity conduct a business or undertaking.

             (6)  The regulations may specify the circumstances in which a person may be taken not to be a person who conducts a business or undertaking for the purposes of this Act or any provision of this Act.

             (7)  A volunteer association does not conduct a business or undertaking for the purposes of this Act.

             (8)  In this section, volunteer association means a group of volunteers working together for 1 or more community purposes where none of the volunteers, whether alone or jointly with any other volunteers, employs any person to carry out work for the volunteer association.



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