Queensland Numbered Acts

HEAVY VEHICLE NATIONAL LAW AND OTHER LEGISLATION AMENDMENT ACT 2016 - SECT 104

104 Amendment of s 637 (Treatment of unincorporated partnerships)

(1) Section 637(4), from ‘this Law’ to ‘subsection (5))’—
omit, insert—
a provision of this Law specified in column 2 of Schedule 4

(2) Section 637(5) and (6)—
omit, insert—

(5) An offence against a provision of this Law specified in column 3 of Schedule 4 that would otherwise be committed by the partnership is taken to have been committed by each partner who did not exercise reasonable diligence to ensure the partnership did not engage in the conduct constituting the offence.

Penalty—

Maximum penalty—the penalty for a contravention of the provision by an individual.

(6) In deciding whether the partner exercised reasonable diligence for subsection (5), a court must have regard to—

(a) whether the partner was in a position to influence the partnership’s conduct constituting the offence; and

(b) the action the partner took, or could reasonably have taken, to prevent the partnership’s conduct constituting the offence; and

(c) any other relevant matter.