Queensland Consolidated Acts
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HEAVY VEHICLE NATIONAL LAW (QUEENSLAND) - SECT 637
Treatment of unincorporated partnerships
637 Treatment of unincorporated partnerships
(1) This Law (other than section 636 ) applies to an unincorporated
partnership as if it were a corporation, but with the changes set out in this
section.
(2) An obligation or liability that would otherwise be imposed on
the partnership by this Law is imposed on each partner instead, but may be
discharged by any of the partners.
(3) An amount that would be payable under
this Law by the partnership is jointly and severally payable by the partners.
(4) An offence against a provision of this Law specified in column 2 of
Schedule 4 that would otherwise be committed by the partnership is taken to
have been committed by each partner who knowingly authorised or permitted the
conduct constituting the offence. Penalty— Maximum penalty—the
penalty for a contravention of the provision by an individual.
(7) Nothing
in this section affects the application of any other law relating to the
criminal liability of any persons (whether or not partners in the partnership)
who are accessories to the commission of an offence or are otherwise involved
in the contravention giving rise to an offence.
(8) Subsection (4) does not
apply to a partner acting on a voluntary basis, whether or not the partner is
reimbursed for the expenses incurred by the partner for carrying out
activities for the partnership.
(9) For the purposes of this section, a
change in the composition of the partnership does not affect the continuity of
the partnership.
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