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WORK HEALTH AND SAFETY ACT 2011 - SECT 45B
Meaning of excluded entity
(1) Each of the following entities is an
"excluded entity" for representing or assisting a worker or the health and
safety representative for a worker— (a) the following entities (each an
"excluded body" )— (i) an entity, other than a union, that is an association
of employees or independent contractors, or both;
(ii) an entity, other than
a union or an association mentioned in subparagraph (i) , that represents, or
purports to represent, the industrial interests of the worker or
representative;
(iii) an entity that demands or receives a fee from another
excluded body, for representing, or purporting to represent, the industrial
interests of the worker or representative;
(iv) a union that is not a
relevant union for the worker;
(b) an individual who— (i) is an officer or
employee of an excluded body; or
(ii) is acting as an agent of an
excluded body; or
(iii) is otherwise representing or purporting to represent
an excluded body.
(2) An association of a type mentioned in subsection (1)
(a) (i) is an excluded entity whether or not the association is registered or
recognised as an association of that type (however described) under a State or
Territory industrial law.
(3) Despite subsection (1) (b) , an individual is
not an excluded entity under subsection (1) (b) (iii) only because the
individual is a member of an excluded body.
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