QLDIn ForceAct
Electrical Safety Act 2002
sec.21Meaning of person conducting a business or undertaking
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### sec.21 Meaning of person conducting a business or undertaking
For this Act, a person conducts a business or undertaking—
whether the person conducts the business or undertaking alone or with others; and
whether or not the business or undertaking is conducted for profit or gain.
A business or undertaking conducted by a person includes a business or undertaking conducted by a partnership or an unincorporated association.
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.
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.
An elected member of a local government does not in that capacity conduct a business or undertaking.
A regulation may state 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.
A volunteer association does not conduct a business or undertaking for the purposes of this Act.
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.
s 21 amd 2003 No. 18 s 37 sch
sub 2011 No. 18 s 337
(sec.21-ssec.1) For this Act, a person conducts a business or undertaking— whether the person conducts the business or undertaking alone or with others; and whether or not the business or undertaking is conducted for profit or gain.
(sec.21-ssec.2) A business or undertaking conducted by a person includes a business or undertaking conducted by a partnership or an unincorporated association.
(sec.21-ssec.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.
(sec.21-ssec.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.
(sec.21-ssec.5) An elected member of a local government does not in that capacity conduct a business or undertaking.
(sec.21-ssec.6) A regulation may state 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.
(sec.21-ssec.7) A volunteer association does not conduct a business or undertaking for the purposes of this Act.
(sec.21-ssec.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.
- (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.