sec.123WTreatment of partnerships

sec.123W Treatment of partnerships

Subject to this section, this Act applies to a partnership as if the partnership were a person. For an application by, or renewal of a licence of, a partnership— sections 15 to 16A apply as if each partner were an applicant or authority holder; and if a partner is not an appropriate person to hold an authority, the partnership is not an appropriate person. If, because of the operation of subsection (1) , a contravention of, or an offence against a provision of, this Act is taken to have been committed by a partnership, the contravention or offence is taken to have been committed by each of the partners. However, it is a defence for a partner to prove— if the partner was in a position to influence the conduct of the partnership in relation to the contravention or offence—the partner took reasonable steps to ensure the partnership complied with the provision; or the partner was not in a position to influence the conduct of the partnership in relation to the contravention or offence. s 123W (prev s 123A) ins 2007 No. 46 s 49 amd 2019 No. 7 s 79 renum 2024 No. 34 s 134 (sec.123W-ssec.1) Subject to this section, this Act applies to a partnership as if the partnership were a person. (sec.123W-ssec.2) For an application by, or renewal of a licence of, a partnership— sections 15 to 16A apply as if each partner were an applicant or authority holder; and if a partner is not an appropriate person to hold an authority, the partnership is not an appropriate person. (sec.123W-ssec.3) If, because of the operation of subsection (1) , a contravention of, or an offence against a provision of, this Act is taken to have been committed by a partnership, the contravention or offence is taken to have been committed by each of the partners. (sec.123W-ssec.4) However, it is a defence for a partner to prove— if the partner was in a position to influence the conduct of the partnership in relation to the contravention or offence—the partner took reasonable steps to ensure the partnership complied with the provision; or the partner was not in a position to influence the conduct of the partnership in relation to the contravention or offence.

• (a) sections 15 to 16A apply as if each partner were an applicant or authority holder; and
• (b) if a partner is not an appropriate person to hold an authority, the partnership is not an appropriate person.
• (a) if the partner was in a position to influence the conduct of the partnership in relation to the contravention or offence—the partner took reasonable steps to ensure the partnership complied with the provision; or
• (b) the partner was not in a position to influence the conduct of the partnership in relation to the contravention or offence.