CTHRepealedAct
Occupational Health and Safety Act 1991
14Application of Act to workplaces controlled by contractors
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#### 14 Application of Act to workplaces controlled by contractors
(1) Despite anything in this Act, if a workplace is controlled by a contractor for construction or maintenance purposes:
(a) this Act, other than section 20, does not apply to that workplace while it is so controlled; and
(b) this Act, other than section 20, does not apply to work performed by contractors at that workplace while it is so controlled; and
(c) this Act, other than Parts 1 and 2 and section 82, applies to work performed by employees at that workplace while it is so controlled:
(i) only if the regulations so provide; and
(ii) subject to such modifications and adaptations (if any) as are set out in the regulations.
> Note: For the meaning of contractor, see section 9A and subsection (3) of this section.
(2) For the purposes of subsection (1), a workplace is not taken not to be controlled by a contractor simply because of the presence at the workplace of an employee of the employer for which the contractor is performing work if that employee has no right to direct the work of the persons working for the contractor.
(3) For the purpose of this section, contractor has the meaning given by section 9A, except that:
(a) it also includes persons who would be contractors under section 9A if references in subsections 9A(2), (3) and (4) to natural persons were extended to also include bodies corporate, other than any body corporate that is a Commonwealth authority or a non‑Commonwealth licensee; and
(b) it does not include any person who is an employee (as defined in section 9).