Waste Management and Resource Recovery Act 2016
104Criminal liability of partners—pt 15
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104 Criminal liability of partners—pt 15 (1) This section applies if a partnership through a partner, servant or agent— (b) the conduct is an offence against this part. (2) Each partner (a liable partner) in the partnership is taken to commit the offence. (3) It is a defence to a prosecution for an offence against this part if a liable partner proves that— (a) the partner did not know about the conduct that constituted the (b) either— (i) the partner took reasonable precautions and exercised appropriate diligence to ensure the partnership did not engage in the conduct; or (ii) the partner was not in a position to influence the partnership in relation to the conduct. Note The defendant has a legal burden in relation to the matters mentioned in s (3) (see Criminal Code, s 59).
Liability of managers etc Division 15.1