Commonwealth Consolidated Regulations

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WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 7

Meaning of person conducting a business or undertaking-- persons excluded

  (1)   For subsection   5(6) of the Act, a strata title body corporate that is responsible for any common areas used only for residential purposes may be taken not to be a person conducting a business or undertaking in relation to those premises.

  (2)   Subregulation (1) does not apply if the strata title body corporate engages any worker as an employee.

  (3)   For subsection   5(6) of the Act, an incorporated association may be taken not to be a person conducting a business or undertaking if the incorporated association consists of a group of volunteers working together for one or more community purposes where:

  (a)   the incorporated association, either alone or jointly with any other similar incorporated association, does not employ any person to carry out work for the incorporated association; and

  (b)   none of the volunteers, whether alone or jointly with any other volunteers, employs any person to carry out work for the incorporated association.

  (4)   In this regulation:

"strata title body corporate" means an body that is a strata title body corporate in accordance with regulations made under a corresponding WHS law.


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