54Improper conduct: members of partnerships or officers of corporations

#### 54 Improper conduct: members of partnerships or officers of corporations 54 Improper conduct: members of partnerships or officers of corporations > > (1) An individual who is a member of a partnership or an officer of a corporation that is the holder of a contractor licence is guilty of improper conduct if the holder does any of the things referred to in section 51 or 52. > > > (2) The reference in subsection (1) to an individual who is a member of a partnership includes a reference to an individual who is an officer of a corporation that is a member of a partnership. > > > (3) It is a sufficient defence to a complaint that an individual who is a member of a partnership, an officer of a corporation that is a member of a partnership or a director of a corporation (being a partnership or corporation that is the holder of a contractor licence) has been guilty of improper conduct if the individual proves to the satisfaction of the Secretary that— > > > > > (a) the improper conduct occurred without the individual’s knowledge, or > > > > > (b) the individual was not in a position to influence the conduct of the other members of the partnership or other officers of the corporation, of which the individual was a member or an officer, so as to prevent the occurrence of the improper conduct, or > > > > > (c) the individual, being in such a position, used all due diligence to prevent the occurrence of the improper conduct. > > > (4), (5) (Repealed) > > **s 54:** Am 1994 No 54, Sch 2 (3); 1998 No 161, Sch 4.6 \[3\]; 2001 No 51, Sch 5 \[5\]–\[7\]; 2002 No 134, Sch 2.1 \[14\]; 2004 No 101, Sch 3 \[7\]; 2009 No 61, Sch 2 \[49\]; 2021 No 23, Sch 1.11\[2\].