Western Australian Current Acts Western Australian Current Acts (1) Where —
(a) a
licence is held on behalf of a partnership; and
(b) a
partner (whether or not the licensee) or an employee or agent of the
partnership commits an offence against this Act,
subject to subsection
(2), each of the partners is to be treated as having committed an offence and
is liable to the penalty prescribed for the offence committed by the partner
or employee or agent of the partnership.
(1a) Where —
(a) a
licence is held on behalf of a body corporate; and
(b) the
licensee or an employee or agent of the body corporate commits an offence
against this Act,
the body corporate is
to be treated as having committed an offence and is liable to the penalty
prescribed for the offence committed by the licensee or employee or agent of
the body corporate.
(2) Subsection (1)
does not apply to a partner who proves that —
(a) the
offence was committed without the partner’s consent or connivance; and
(b) the
partner exercised all such due diligence to prevent the commission of the
offence as ought to have been exercised having regard to the nature of the
partner’s functions and to all the circumstances.
(2a) Where —
(a) it
is an offence against this Act for a pawnbroker or second-hand dealer to do or
omit to do any particular thing; and
(b) a
partner (whether or not the licensee) of a partnership on behalf of which, as
the case requires, a pawnbroker’s licence or second-hand dealer’s
licence is held does or omits to do the thing in the course of the business
conducted under the licence,
the partner is to be
treated as having committed the offence.
[(3) deleted]
(4) The reference in
subsection (2) to a partner does not include a reference to a partner who is
also the licensee.
[Section 89 amended: No. 46 of 2006 s. 20; No. 9
of 2023 s. 112.]