South Australian Numbered Acts

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70—Insertion of sections 79A to 79C

After section 79 insert:

79A—Offences by partnerships

        (1)         If this Act provides that a general partner (being a partnership and including an external partnership) in a limited partnership or incorporated limited partnership is guilty of an offence, the reference to the general partner is to be read as a reference—

            (a)         to each partner in the partnership (or external partnership); or

            (b)         if the partnership (or external partnership) is one in which any partner has under the law of the place where it is formed limited liability for the liabilities of the partnership, each partner in the partnership whose liability is not so limited.

        (2)         In any proceeding against a partner for an offence against this Act brought in reliance on subsection (1), it is a defence for the partner to prove that the partner took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

79B—Duty to furnish information

        (1)         For the purpose of monitoring compliance with this Part or the regulations made for the purposes of this Part, the Commission may by notice in writing require an incorporated limited partnership to furnish within a period specified in the notice (being a period of not less than 28 days) or within such further period as the Commission may allow such information as is specified in the notice.

        (2)         An incorporated limited partnership required under subsection (1) to furnish information to the Commission must, within the period specified in the notice or within such further period as the Commission has allowed, furnish such information as it is within its power to furnish and must not furnish any information which to its knowledge is false or misleading in a material particular.

        (3)         If subsection (2) is not complied with, each general partner in the incorporated limited partnership is guilty of an offence.

Maximum penalty: $ 5 000.


        (1)         The Commission or a person employed or engaged in the administration of this Act must not, except to the extent necessary to carry out their functions under this Act, give to another person, whether directly or indirectly, any information acquired by the Commission or that person (as the case requires) in carrying out those functions.

Maximum penalty: $5 000.

        (2)         Subsection (1) does not apply to the giving of information—

            (a)         to a court or tribunal in the course of legal proceedings; or

            (b)         pursuant to an order of a court or tribunal; or

            (c)         to the extent reasonably required to enable the investigation or the enforcement of a law of this State or of any other State or a Territory or of the Commonwealth; or

            (d)         with the written authority of the person to whom the information relates.

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