Western Australian Current Acts

SECURITY AND RELATED ACTIVITIES (CONTROL) ACT 1996 - SECT 89

89 .         Liability of partners and bodies corporate

        (1)         Where a licence is held on behalf of a partnership or body corporate and the licensee commits an offence against this Act —

            (a)         subject to subsection (2), each of the partners; or

            (b)         the body corporate,

                as the case may be, is to be treated as having committed an offence and is liable to the penalty prescribed for the offence committed by the licensee.

        (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)         A partner or a body corporate may be proceeded against and convicted of an offence against this Act by virtue of subsection (1) whether or not proceedings are taken against the licensee and whether or not the licensee was convicted of the offence.

        (3)         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. 4 of 2008 s. 69; No. 9 of 2023 s. 139.]

[ 90.         Deleted: No. 9 of 2023 s. 140.]