79Liability of partners in partnership

79 Liability of partners in partnership

(1)  If a partnership holding an authority commits an offence against this Act, each partner in the partnership is taken to have also committed the offence and may be convicted of the offence unless the partner shows –

(a) that the partnership would not have been found guilty of the offence because it would have been able to establish a defence; or

(b) that the partner could not reasonably be expected to have known, and did not know, that the act or omission constituting the offence would take place; or

(c) that the partner used all due diligence to prevent that act or omission by the partnership.

(2)  A partner referred to in subsection (1) may be convicted of an offence against this Act whether or not the partnership is charged with or convicted of the offence.

(3)  If a person who is a partner in a partnership (in this subsection called the "offending partner") commits an offence against this Act in the course of the activities of the partnership, each other partner in the partnership is taken to have also committed the offence and may be convicted of the offence unless that other partner shows –

(a) that the offending partner would not have been found guilty of the offence because he or she would have been able to establish a defence; or

(b) that the other partner could not reasonably be expected to have known, and did not know, that the act or omission constituting the offence would take place; or

(c) that the other partner used all due diligence to prevent that act or omission by the offending partner.