Western Australian Current Acts

LIMITED PARTNERSHIPS ACT 2016 - SECT 98

98 .         Offences by partnership

        (1)         This section applies if this Act provides that a general partner in a limited partnership or incorporated limited partnership commits an offence.

        (2)         If the general partner is a partnership (including an external partnership) the reference to the general partner is to be read as a reference —

            (a)         if the 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 — to each partner in the partnership whose liability is not so limited; or

            (b)         otherwise — to each partner in the partnership.

        (3)         In any proceeding against a partner for an offence under this Act brought in accordance with subsection (2), 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.