Commonwealth Numbered Acts

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COMMONWEALTH VOLUNTEERS PROTECTION ACT 2003 No. 2, 2003 - SECT 4

Definitions
(1)
In this Act:

"Commonwealth" includes the following:

(a) a Federal Court;
(b) a Department of the Parliament;
(c) a body (not being a body corporate) established or continued in existence for a public purpose by or under a Commonwealth law, other than a body established by or under:
(i) the Australian Capital Territory (Self-Government) Act 1988 ; or
(ii) the Norfolk Island Act 1979 ; or
(iii) the Northern Territory (Self-Government) Act 1978 .

"Commonwealth authority" means a body corporate established or continued in existence for a public purpose by or under a Commonwealth law, but does not include:

(a) an Aboriginal association incorporated under Part IV of the Aboriginal Councils and Associations Act 1976 ; or
(b) an association of employees that is an organisation within the meaning of the Workplace Relations Act 1996 ; or
(c) a body specified in the regulations for the purposes of this paragraph.

"organised" includes directed and supervised.

"recreational drug" means a drug consumed voluntarily for non-medicinal purposes and includes alcohol.

"voluntary basis "has the meaning given by subsections (2) and (3).

Meaning of voluntary basis

(2)
An individual does work for the Commonwealth or a Commonwealth authority on a voluntary basis if the individual:

(a) either:
(i) receives no remuneration for doing the work other than the reimbursement of reasonable expenses incurred by the individual in doing the work; or
(ii) receives remuneration for doing the work less than the amount, if any, prescribed or determined in accordance with the regulations; and
(b) does not do the work under a court order.

(3)
An individual also does work for the Commonwealth or a Commonwealth authority on a voluntary basis if:

(a) the individual continues to receive remuneration from the individual's usual employer while doing the work but receives no other remuneration for doing the work other than:
(i) reimbursement of reasonable expenses incurred by the individual in doing the work; or
(ii) remuneration less than the amount, if any, prescribed or determined in accordance with the regulations; and
(b) the work is of a kind that is usually done for the Commonwealth or the Commonwealth authority by persons who either:
(i) receive no remuneration for doing the work other than the reimbursement of reasonable expenses incurred in doing the work; or
(ii) receive remuneration for doing the work less than the amount, if any, prescribed or determined in accordance with the regulations; and
(c) the individual does not do the work under a court order.

Acts and omissions of individuals covered

(4)
A reference in this Act to a thing done by an individual includes a reference to the omission by an individual to do a thing.



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