39AMembers of partnerships or officers of bodies corporate

#### 39A Members of partnerships or officers of bodies corporate 39A Members of partnerships or officers of bodies corporate > > (1) Disciplinary action may be taken under this division against an individual who is a member of a partnership or an officer of a body corporate that is the holder of a licence if the holder of the licence has engaged in improper conduct. > > > (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 body corporate that is a member of a partnership. > > > (3) It is a sufficient response to the show cause notice given to the individual under section 41 if the individual’s submissions to the Secretary satisfy 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 body corporate, of which the individual was a member or an officer, to prevent the improper conduct, or > > > > > (c) the individual, being in the position, used all due diligence to prevent the occurrence of the improper conduct. > > > (4) In this section— > > > > improper conduct means conduct that constitutes a ground for disciplinary action under section 38 or 39. > > **s 39A:** Ins 2023 No 28, Sch 1\[29\].