Queensland Consolidated Regulations

WORK HEALTH AND SAFETY REGULATION 2011 - REG 7

7 Meaning of person conducting a business or undertaking—persons excluded

(1) For section 5 (6) of the Act , a strata title body corporate that is responsible for any common areas used only for residential purposes may be taken not to be a person conducting a business or undertaking in relation to those premises.

(2) Subsection (1) does not apply if the strata title body corporate engages any worker as an employee.

(3) For section 5 (6) of the Act , an incorporated association may be taken not to be a person conducting a business or undertaking if—

(a) the incorporated association consists of a group of volunteers working together for 1 or more community purposes; and

(b) the incorporated association, either alone or jointly with another similar incorporated association, does not employ a person to carry out work for the incorporated association; and

(c) none of the volunteers, whether alone or jointly with any other volunteers, employs a person to carry out work for the incorporated association.

(4) In this section—

"strata title body corporate" means a body corporate under—

(a) the Body Corporate and Community Management Act 1997 , schedule 6 ; or

(b) the Integrated Resort Development Act 1987 , schedule 3 , section 1 ; or

(c) the Mixed Use Development Act 1993 ; or

(d) the Registration of Plans (H.S.P. (Nominees) Pty. Limited) Enabling Act 1980 ; or

(e) the Registration of Plans (Stage 2) (H.S.P. (Nominees) Pty. Limited) Enabling Act 1984 ; or

(f) the Sanctuary Cove Resort Act 1985 , schedule 3 , section 1 .