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Partnership Act 1997
83Obligation to inform Commissioner
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83 Obligation to inform Commissioner
(1) An incorporated limited partnership must give the Commissioner a
notice of the beginning of its winding up within 7 days after:
(a) if a special resolution referred to in section 77(1)(b) is
passed – the day on which it is passed; or
(b) otherwise – the day on which the winding up begins.
(2) The partnership must give the Commissioner a written notice
stating the day of the completion of the winding up within 7 days
after that day.
(3) The Commissioner must, as soon as practicable after receiving a
notice under subsection (1) or (2), record the receipt of the notice in
the register.
(4) Each general partner in the partnership commits an offence if
subsection (1) or (2) is contravened.
Maximum penalty: If the offender is a natural person –
20 penalty units.
If the offender is a body corporate –
100 penalty units.
(5) It is a defence to a prosecution for the offence if the general partner
proves that:
(a) the general partner did not know about the contravention; and
(b) reasonable precautions and appropriate diligence had been
exercised to avoid the contravention.