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COMMONWEALTH VOLUNTEERS PROTECTION ACT 2003 - SECT 4

Definitions

  (1)   In this Act:

"Commonwealth" includes the following:

  (a)   a Federal Court;

  (b)   a Department of the Parliament established under the Parliamentary Service Act 1999 ;

  (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)   a corporation registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 ; or

  (b)   an organisation registered or an association recognised under the Fair Work (Registered Organisations) Act 2009 ; 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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