126Offences by partnerships and partners

126 Offences by partnerships and partners

(1) If this Part provides that a person, being a partnership (other than a partnership that is incorporated or is otherwise a separate legal entity), is guilty of an offence, that reference to the person is to be read as a reference to—

(a) each partner in the partnership; or

(b) in the case of a partnership in which any partner has under the law of the place where it is formed limited liability for the liabilities of the partnership, each partner in the partnership whose liability is not so limited.

(2) In any proceeding against a partner for an offence against this Part brought in reliance on subsection (1) or under section 91(5), 113(4), 118(5), 119(3) or 120(7) it is a defence to the charge for the partner to prove that the partner took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

S. 127 inserted by No. 99/2003 s. 4,
amended by No. 108/2004 s. 117(1) (Sch. 3 item 151).