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Work Health and Safety Act 2011
5Meaning of person conducting a business or undertaking
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5 Meaning of person conducting a business or undertaking
(1) For the purposes of this Act, a person conducts a business or
undertaking—
(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 unincorporated
association.
Interpretation Division 1.3
(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
(5) A regulation 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.
(6) A volunteer association does not conduct a business or undertaking
for the purposes of this Act.
(7) 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.