Criminal liability of partner in partnership
79 Criminal liability of partner in partnership
A partner in a partnership commits an offence if:
(a) another partner in the partnership (the offender) commits an offence in the course of the activities of the partnership by contravening a declared provision (a relevant offence); and
(b) the partner was in a position to influence the conduct of the offender in relation to the contravention; and
(c) the partner failed to take reasonable steps to prevent the contravention.
Fault element: The partner was reckless about whether the contravention would happen.
Maximum penalty: The maximum penalty that may be imposed on an individual for the relevant offence.
This section does not affect the liability of the offender.
(3) This section applies whether or not the offender is prosecuted for, or convicted of, the relevant offence, but does not apply if the offender would have a defence to a prosecution for the relevant offence.
In this section:
partner, of a partnership, includes a person who is concerned with, or takes part in, the management of the partnership.
partnership does not include an incorporated limited partnership formed under the Partnership Act 1997.
This Act’s bill:Explanatory statementSecond reading speech
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