Application of family assistance law to providers that are partnerships
230A Application of family assistance law to providers that are partnerships
The family assistance law applies to a partnership as if it were a person, but with the changes set out in this section.
An obligation that would otherwise be imposed on the partnership by the family assistance law is imposed on each partner instead, but may be discharged by any of the partners.
A permission that would otherwise be conferred on the partnership by the family assistance law is conferred on each partner instead, but may be exercised by any of the partners.
An offence against the family assistance law that would otherwise have been committed by the partnership is taken to have been committed by each partner in the partnership, at the time the offence was committed, who:
did the relevant act or made the relevant omission; or
aided, abetted, counselled or procured the relevant act or omission; or
was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the partner).
This section applies to a contravention of a civil penalty provision in a corresponding way to the way in which it applies to an offence.
For the purposes of the family assistance law, a change in the composition of a partnership does not affect the continuity of the partnership.
The Minister’s rules may make provision in relation to the application of the family assistance law to a partnership, to the extent to which this section and section 231 do not do so.
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