Document ID: chunk:federal_register_of_legislation:C2024C00243:section:5
Version: federal_register_of_legislation:C2024C00243
Segment Type: section
Provision Reference: s 5
Character Range: 33868–35420

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 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.