Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) An offence against Subdivision A, B or C of this Division 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 made the relevant omission; or
(b) aided, abetted, counselled or procured the relevant act or omission; or
(c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly or whether by any act or omission of the partner).
(2) A civil penalty provision in Subdivision A, B or C of this Division 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 or omission of the partner).
(3) If a partner in a partnership commits an offence, the penalty that may be imposed on the partner must not exceed an amount equal to the maximum penalty that could be imposed on an individual for committing the same offence.
(4) If a partner in a partnership contravenes a civil penalty provision, the civil penalty that may be imposed on the partner must not exceed an amount equal to the maximum penalty that could be imposed on an individual for the same contravention.
(5) For the purposes of subsections (1) and (2), to establish that a partnership engaged in particular conduct, it is sufficient to show that the conduct was engaged in by a partner:
(a) in the ordinary course of the business of the partnership; or
(b) within the scope of the actual or apparent authority of the partner.
(6) For the purposes of subsection (1), to establish that a partnership had a particular state of mind when it engaged in particular conduct, it is sufficient to show that a relevant partner had the relevant state of mind.
Note: For other provisions relating to partnerships, see Division
2 of Part 12.