266Liability of partners and unincorporated associations

266 Liability of partners and unincorporated associations (1) If a partner (the offender) commits an offence against this Act, every other partner in the partnership is taken to have committed the same offence. (2) If a person (the offender) commits an offence against this Act while engaging in conduct on behalf of an unincorporated association, each member of the committee of management of the association is taken to have committed the same offence. (3) This section applies whether or not the offender is prosecuted for, or convicted of, the offence. (4) This section does not apply if the offender would have a defence to a prosecution for the offence. (5) It is a defence to a prosecution for an offence committed because of subsection (1) or (2) if: (a) the act or omission that constituted the offence took place without the defendant's authority, permission or consent; or (b) the defendant did not know, and ought not reasonably be expected to have known, the offence was to be or was being committed and took all reasonable steps to prevent or stop the commission of the offence; or (c) the defendant could not by the exercise of reasonable diligence have prevented the commission of the offence by the person who committed the offence. (6) The defendant has the legal burden of proof in relation to a matter (7) Despite anything in this Act or the Environmental Offences and Penalties Act 1996, a person is not liable to be punished by imprisonment for an offence if the person would not have been found guilty of the offence except for subsection (1) or (2). (8) For this section, a reference to engaging in conduct includes a reference to failing or refusing to engage in conduct.