Queensland Consolidated Acts

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CIVIL LIABILITY ACT 2003 - SECT 38

Interpretation

38 Interpretation

(1) In this division—

"community organisation" means any of the following that organises the doing of community work by volunteers
(a) a corporation;
(b) a trustee acting in the capacity of trustee;
(c) a church or other religious group;
(d) a registered political party as defined under the Electoral Act 1992 or the Commonwealth Electoral Act 1918 (Cwlth) ;
(e) a public or other authority as defined under section 34 ;
(f) a parents and citizens association formed under the Education (General Provisions) Act 2006 , chapter 7;
(g) another entity prescribed under a regulation.

"community work" means work that is not for private financial gain and that is done for a charitable, benevolent, philanthropic, sporting, recreational, political, educational or cultural purpose, and includes making donations of food if the donations are not for private financial gain and are done for a charitable, benevolent, philanthropic, sporting, recreational, political, educational or cultural purpose.

"food donor"
(a) means an entity that, in good faith for a charitable, benevolent, philanthropic, sporting, recreational, political, educational or cultural purpose, donates or distributes food with the intention that the consumer of the food will not have to pay for the food; but
(b) does not include—
(i) an entity that directly distributes the food to the consumer of the food; or
(ii) a volunteer.

"organised" includes directed or supervised.

"possession" includes control.

"volunteer" means an individual who—
(a) does community work on a voluntary basis; or
(b) donates food in the circumstances mentioned in section 39 (3) .

"work" includes any activity.
(2) For the purposes of this division—
(a) community work done by a person under an order of a court is not to be regarded as work done on a voluntary basis; and
(b) community work for which a person receives remuneration by way of reimbursement of the person’s reasonable expenses in doing the work is to be regarded as work done on a voluntary basis.



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