New South Wales Consolidated Acts
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WORK HEALTH AND SAFETY ACT 2011 - SECT 5
Meaning of "person conducting a business or undertaking"
5 Meaning of "person conducting a business or undertaking"
(1) For the purposes of this Act, a person conducts a business or
(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
(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
(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.
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 one
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.
Note : A person may be both a
"person conducting a business or undertaking" , within the meaning of this
section, and a
"worker" within the meaning of section 7.
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