Commonwealth Consolidated Acts

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Application of this Act to partnerships

  (1)   An obligation that would otherwise be imposed on a partnership under this Act or the Transitional Act is imposed on each partner, but may be discharged by any of the partners.

  (2)   If this Act or the Transitional Act would otherwise require or permit something to be done by a partnership, the thing may be done by one or more of the partners on behalf of the partnership.

  (3)   An offence against this Act or the Transitional Act that would otherwise be committed by the partnership is taken to have been committed by each partner.

  (4)   A partner does not commit an offence because of subsection   (3) if the partner:

  (a)   does not know of the circumstances that constitute the contravention of the provision concerned; or

  (b)   knows of those circumstances but takes all reasonable steps to correct the contravention as soon as possible after the partner becomes aware of those circumstances.

Note:   A defendant bears an evidential burden in relation to the matters in subsection   (4): see subsection   13.3(3) of the Criminal Code .

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