Australian Capital Territory Current Acts

PARTNERSHIP ACT 1963 - SECT 14A

    (1)     This section applies if, by any wrongful act or omission of a general partner (the relevant partner ) in an incorporated limited partnership, acting in the ordinary course of the partnership's business, or with its authority—

        (a)     loss or injury is caused to someone who is not a partner in the partnership; or

        (b)     a penalty is incurred.

    (2)     The incorporated limited partnership is liable in relation to the loss, injury or penalty to the same extent as the relevant partner.

    (3)     For this section, a general partner in an incorporated limited partnership who commits a wrongful act or omission as a director of a company or other body (within the meaning of the Corporations Act

), as a member of a Territory authority, or as a member of the board (however described) of a Territory authority, is not to be taken to be acting in the ordinary course of the partnership's business, or with its authority, only because of 1 or more of the following:

        (a)     the general partner obtained the agreement or authority of the partnership to be appointed or to act as director or member;

        (b)     the remuneration that the general partner receives as director or member forms part of the income of the partnership;

        (c)     any other general partner in the partnership is also a director of a company or other body (within the meaning of the Corporations Act

), member of a Territory authority, or member of the board (however described) of a Territory authority, whether of the same or a different body, Territory authority or board.