Queensland Numbered Acts

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PARTNERSHIP AND OTHER ACTS AMENDMENT ACT 2004 No. 29 - SECT 43

43 Insertion of new ch 5

After chapter 4--

insert--

'(1) A person must not disclose information gained by the person in the administration of this Act, unless the disclosure is permitted under subsection (2).

Maximum penalty--60 penalty units.

'(2) The person may disclose the information to someone else--

(a) to the extent necessary to perform the person's functions under this Act; or
(b) to a court or tribunal in the course of a legal proceeding; or
(c) if the disclosure is authorised under this Act or another Act; or
(d) if the disclosure is otherwise required or permitted by law; or
(e) to the extent reasonably required to enable the investigation or the enforcement of a law of this State or of any other State or of the Commonwealth; or
(f) with the written authority of the person to whom the information relates.

'(3) This section does not limit the Freedom of Information Act 1992.

'A person must not state anything to the chief executive the person knows is false or misleading in a material particular.

Maximum penalty--60 penalty units.

'(1) A person must not give to the chief executive a document containing information the person knows is false or misleading in a material particular.

Maximum penalty--60 penalty units.

'(2) Subsection (1) does not apply to a person who, when giving the document--

(a) informs the chief executive, to the best of the person's ability, how it is false or misleading; and
(b) gives the correct information to the chief executive if the person has, or can reasonably obtain, the correct information.

'(1) The chief executive may delegate the chief executive's powers under this Act to an appropriately qualified public service employee.

'(2) In this section--

appropriately qualified includes having the qualifications, experience or standing appropriate to the exercise of the power.

Example of standing--
A person's classification in the public service.

'(1) An offence against this Act is a summary offence.

'(2) A proceeding for an offence against this Act must start within the later of the following periods to end--

(a) 1 year after the commission of the offence;
(b) 6 months after the offence comes to the complainant's knowledge, but within 2 years after the commission of the offence.

'(1) Without limiting any other way of serving a document on partners in a limited partnership, a document concerning the business of the partnership is taken to be properly served on the partners if it is left at or sent by post addressed to the registered office of the partnership.

'(2) Without limiting any other way of serving documents on an incorporated limited partnership, a document concerning the business of an incorporated limited partnership may be properly served on the partnership if it is left at, or sent by post addressed to, the registered office of the incorporated limited partnership.

'(1) An entry in the register kept for limited partnerships under section 51 of any particular fact concerning a limited partnership, including an entry stating the effect of any notice received by the chief executive--

(a) is sufficient notice of the fact or the effect of the notice to all persons who afterwards deal with the firm concerned; and
(b) is to have effect, for the purposes of section 39(2), 9 as if it were an advertisement in the gazette.

'(2) An entry in the register kept for incorporated limited partnerships under section 78 of any particular fact concerning an incorporated limited partnership, including an entry stating the effect of any notice received by the chief executive, is sufficient notice of the fact or of the effect of the notice to all persons who deal with the partnership.

'The chief executive may approve forms for use under this Act.

'(1) The Governor in Council may make regulations under this Act.

'(2) A regulation may prescribe--

(a) the particulars to be stated in a statement or notice filed with the chief executive; or
(b) matters relating to the keeping of the registered office of a limited partnership or an incorporated limited partnership; or
(c) the fees payable under this Act; or
(d) offences for contraventions of the regulation, and may fix a penalty of not more than 20 penalty units for a contravention.'.


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