Section 4(2) of the Occupational Health, Safety and Welfare Act 1986 (SA) operates as a deeming provision for the purposes of the whole Act, including Part 3. A person engaged to perform work for a principal in the course of the principal's trade or business is deemed to be employed by the principal and cannot be prosecuted as a 'self-employed person' under s 22(2). Where the employee/contractor distinction is finely balanced, the criminal standard of proof may preclude establishing self-employment beyond reasonable doubt.
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