Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 245AX

Treatment of partnerships

             (1)  This Subdivision, and any other provision of this Act to the extent that it relates to this Subdivision, apply to a partnership as if it were a person, but with the changes set out in this section.

             (2)  An offence against this Subdivision that would otherwise be committed by a partnership is taken to have been committed by each partner in the partnership, at the time the offence is committed, who:

                     (a)  did the relevant act; or

                     (b)  aided, abetted, counselled or procured the relevant act; or

                     (c)  was in any way knowingly concerned in, or party to, the relevant act (whether directly or indirectly or whether by any act of the partner).

             (3)  A civil penalty provision in this Subdivision that would otherwise be contravened by a partnership is taken to have been contravened by each partner in the partnership, at the time of the conduct constituting the contravention, who:

                     (a)  engaged in the conduct; or

                     (b)  aided, abetted, counselled or procured the conduct; or

                     (c)  was in any way knowingly concerned in, or party to, the conduct (whether directly or indirectly or whether by any act of the partner).



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