Queensland Consolidated Acts

EXPLOSIVES ACT 1999 - SECT 123W

123W Treatment of partnerships

(1) Subject to this section, this Act applies to a partnership as if the partnership were a person.

(2) For an application by, or renewal of a licence of, a partnership—

(a) sections 15 to 16A apply as if each partner were an applicant or authority holder; and

(b) if a partner is not an appropriate person to hold an authority, the partnership is not an appropriate person.

(3) If, because of the operation of subsection (1) , a contravention of, or an offence against a provision of, this Act is taken to have been committed by a partnership, the contravention or offence is taken to have been committed by each of the partners.

(4) However, it is a defence for a partner to prove—

(a) if the partner was in a position to influence the conduct of the partnership in relation to the contravention or offence—the partner took reasonable steps to ensure the partnership complied with the provision; or

(b) the partner was not in a position to influence the conduct of the partnership in relation to the contravention or offence.