sec.90Treatment of partnerships

sec.90 Treatment of partnerships

Subject to this section, this Act applies to a partnership as if the partnership were a person. For an application by, or registration or renewal of registration of, a partnership— part 3 , division 2 applies as if each partner were an applicant; and if a partner is not a suitable person to hold registration, the partnership is not a suitable person. An obligation or liability that, apart from this subsection, would be imposed by this Act on a person that is a partnership is imposed on each partner, but may be discharged by any of the partners. An amount that, apart from this subsection, would be payable under this Act by a person that is a partnership is jointly and severally payable by the partners. If, because of the operation of subsection (1) , a contravention of, or an offence against a provision of, this Act is taken to have been committed by a partnership, the contravention or offence is taken to have been committed by each of the partners. However, it is a defence for a partner to prove— if the partner was in a position to influence the conduct of the partnership in relation to the contravention or offence—the partner exercised reasonable diligence to ensure the partnership complied with the provision; or the partner was not in a position to influence the conduct of the partnership in relation to the contravention or offence. (sec.90-ssec.1) Subject to this section, this Act applies to a partnership as if the partnership were a person. (sec.90-ssec.2) For an application by, or registration or renewal of registration of, a partnership— part 3 , division 2 applies as if each partner were an applicant; and if a partner is not a suitable person to hold registration, the partnership is not a suitable person. (sec.90-ssec.3) An obligation or liability that, apart from this subsection, would be imposed by this Act on a person that is a partnership is imposed on each partner, but may be discharged by any of the partners. (sec.90-ssec.4) An amount that, apart from this subsection, would be payable under this Act by a person that is a partnership is jointly and severally payable by the partners. (sec.90-ssec.5) If, because of the operation of subsection (1) , a contravention of, or an offence against a provision of, this Act is taken to have been committed by a partnership, the contravention or offence is taken to have been committed by each of the partners. (sec.90-ssec.6) However, it is a defence for a partner to prove— if the partner was in a position to influence the conduct of the partnership in relation to the contravention or offence—the partner exercised reasonable diligence to ensure the partnership complied with the provision; or the partner was not in a position to influence the conduct of the partnership in relation to the contravention or offence.

• (a) part 3 , division 2 applies as if each partner were an applicant; and