It is a defence to a
charge of an offence under regulation 50D for the person charged to prove
that —
(a) the
enclosed workplace is —
(i)
a vehicle supplied by the person; or
(ii)
the person’s residence (not including, in the case
of a worker, accommodation provided to the worker by the person conducting a
business or undertaking);
and
(b) no
other person is present —
(i)
who, in the case of a person conducting a business or
undertaking, is that person’s employee; or
(ii)
who, in the case of a worker, is also a worker at the
workplace.