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Contents (2011 - 10)
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Work Health and Safety Act 2011 No 10
Current version for 6 January 2017 to date (accessed 23 May 2017 at 01:30)
Part 1 Division 3 Subdivision 2
Subdivision 2 Other important terms
4A   (Repealed)
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.
(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 undertaking.
(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.
(7)  A 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.
6   Meaning of “supply”
(1)  A supply of a thing includes a supply and a resupply of the thing by way of sale, exchange, lease, hire or hire-purchase, whether as principal or agent.
(2)  A supply of a thing occurs on the passing of possession of the thing to the person or an agent of the person to be supplied.
(3)  A supply of a thing does not include:
(a)  the return of possession of a thing to the owner of the thing at the end of a lease or other agreement, or
(b)  a prescribed supply.
(4)  A financier is taken not to supply plant, a substance or a structure for the purposes of this Act if:
(a)  the financier has, in the course of the financier’s business as a financier, acquired ownership of, or another right in, the plant, substance or structure on behalf of a customer of the financier, and
(b)  the action by the financier, that would be a supply but for this subsection, is taken by the financier for, or on behalf of, that customer.
(5)  If subsection (4) applies, the person (other than the financier) who had possession of the plant, substance or structure immediately before the financier’s customer obtained possession of the plant, substance or structure is taken for the purposes of this Act to have supplied the plant, substance or structure to the financier’s customer.
7   Meaning of “worker”
(1)  A person is a worker if the person carries out work in any capacity for a person conducting a business or undertaking, including work as:
(a)  an employee, or
(b)  a contractor or subcontractor, or
(c)  an employee of a contractor or subcontractor, or
(d)  an employee of a labour hire company who has been assigned to work in the person’s business or undertaking, or
(e)  an outworker, or
(f)  an apprentice or trainee, or
(g)  a student gaining work experience, or
(h)  a volunteer, or
(i)  a person of a prescribed class.
(2)  For the purposes of this Act, a police officer is:
(a)  a worker, and
(b)  at work throughout the time when the officer is on duty or lawfully performing the functions of a police officer, but not otherwise.
(3)  The person conducting the business or undertaking is also a worker if the person is an individual who carries out work in that business or undertaking.
8   Meaning of “workplace”
(1)  A workplace is a place where work is carried out for a business or undertaking and includes any place where a worker goes, or is likely to be, while at work.
(2)  In this section, place includes:
(a)  a vehicle, vessel, aircraft or other mobile structure, and
(b)  any waters and any installation on land, on the bed of any waters or floating on any waters.
9   Examples and notes
(1)  An example at the foot of a provision forms part of this Act.
(2)  A note at the foot of a provision forms part of this Act.