sec.136How Act applies to partnerships

sec.136 How Act applies to partnerships

Subject to this section, this Act applies in relation to a partnership as if the partnership were a person. For sections 18 (3) , 25 (3) , 38 and 44 (1) , a partnership is not an appropriate person to hold or continue to hold an accreditation if a partner in the partnership is not an appropriate person to hold or continue to hold the accreditation. An obligation or liability that, but for this subsection, would be imposed under this Act on a partnership is imposed on each partner in the partnership, but may be discharged by any of the partners. An offence against a provision of this Act that, but for this subsection, would be committed by a partnership is taken to have been committed by each of the partners in the partnership. Maximum penalty—the penalty for a contravention of the provision by an individual. 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 offence—the partner took reasonable steps 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 offence. This section does not affect the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is a partner in a partnership, for an offence against this Act. (sec.136-ssec.1) Subject to this section, this Act applies in relation to a partnership as if the partnership were a person. (sec.136-ssec.2) For sections 18 (3) , 25 (3) , 38 and 44 (1) , a partnership is not an appropriate person to hold or continue to hold an accreditation if a partner in the partnership is not an appropriate person to hold or continue to hold the accreditation. (sec.136-ssec.3) An obligation or liability that, but for this subsection, would be imposed under this Act on a partnership is imposed on each partner in the partnership, but may be discharged by any of the partners. (sec.136-ssec.4) An offence against a provision of this Act that, but for this subsection, would be committed by a partnership is taken to have been committed by each of the partners in the partnership. Maximum penalty—the penalty for a contravention of the provision by an individual. (sec.136-ssec.5) 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 offence—the partner took reasonable steps 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 offence. (sec.136-ssec.6) This section does not affect the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is a partner in a partnership, for an offence against this Act.

• (a) if the partner was in a position to influence the conduct of the partnership in relation to the offence—the partner took reasonable steps to ensure the partnership complied with the provision; or