Offence – other partners and managers taken to have committed offence of partner
103 Offence – other partners and managers taken to have committed offence of partner
(1) If a person (the offender) who is a partner in a partnership commits an offence against a provision of this Act in the course of the activities of the partnership, each other partner in the partnership, and each other person who is concerned with, or takes part in, the management of the partnership, is:
taken to have committed the offence; and
liable to the same penalty for the offence as an individual.
Subsection (1) does not apply if:
(a) the other partner or person was not in a position to influence the conduct of the offender; or
(b) the other partner or person, being in a position to influence the conduct of the offender, took reasonable steps and exercised due diligence to prevent the conduct.
Note for subsection (2)
The defendant has an evidential burden in relation to the matters mentioned (see section 43BU of the Criminal Code).
This section does not affect the liability of the offender.
(4) This section applies whether or not the offender is prosecuted for, or convicted of, the offence.
(5) This section does not apply if the offender would have a defence to a prosecution for the offence.
In this section:
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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