Western Australian Current Acts Western Australian Current Acts (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) An individual does
not conduct a business or undertaking to the extent that the individual is
engaged solely as a worker in, or as an officer of, that business or
undertaking.
(5) A local government
member does not 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) A strata company
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.
(9) Subsection (8)
does not apply if the strata company engages any worker as an employee.
(10) In this section
—
strata company means a body corporate established
under the Strata Titles Act 1985 section 14 on registration of a strata titles
scheme;
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.