Liability of partners
239 Liability of partners
In this section —
offence means an offence under this Act committed or alleged to have been committed in the course of the activities of the relevant partnership.
If a licence is granted in respect of a partnership each partner has the same rights and duties as a licensee, whether or not the partner is named in the licence.
If a person (partner A) who is a partner in a partnership is charged with an offence, every other person who was a partner at the time of the alleged offence may also be charged with the offence.
If a person (partner B) is charged as permitted by subsection (3) and partner A is convicted of the offence, partner B is to be taken to have also committed the offence, subject to subsection (7).
If a person (partner C) who is a partner in a partnership commits an offence then, although partner C is not charged with the offence, every other person who was a partner at the time the offence was committed may be charged with the offence.
If a person (partner D) is charged as permitted by subsection (5) and it is proved that partner C committed the offence, partner D is to be taken to have also committed the offence, subject to subsection (7).
If under this section a person is charged with an offence it is a defence to prove that —
the offence was committed without the person’s consent or connivance; and
the person took all the measures to prevent the commission of the offence that the person could reasonably be expected to have taken having regard to the person’s functions and to all the circumstances.
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