Document ID: chunk:federal_register_of_legislation:C2004C01399:clause:2_23dzzzh
Version: federal_register_of_legislation:C2004C01399
Segment Type: clause
Provision Reference: sch 2 cl 23DZZZH
Character Range: 56353–57903

23DZZZH  Application of this Part to partnerships

 (1) Where a partnership, rather than a person or government agency, is in effective control of:
 (a) radiation oncology premises, whether or not the holder of an estate or interest in the premises; and
 (b) the use of the radiation oncology equipment used at the premises; and
 (c) the employment of staff (including medical practitioners) connected with the premises;
each partner in the partnership is taken to be a proprietor of the premises for the purposes of this Part.

 (2) Where a partnership, rather than a person or government agency, is in effective control of:
 (a) a base for mobile radiation oncology equipment, whether or not the holder of an estate or interest in the base; and
 (b) the use of radiation oncology equipment ordinarily located at the base when not in use; and
 (c) the employment of staff (including medical practitioners) connected with the base;
each partner in the partnership is taken to be a proprietor of the premises for the purposes of this Part.

 (3) However:
 (a) an obligation under this Part, although imposed on each partner in the partnership, may be discharged by any of them; and
 (b) a right under this Part, if exercised by one of the partners in the partnership, is taken to have been exercised on behalf of all of them; and
 (c) no more than one partner may be punished for one offence under this Part.

 (4) In this section:

employment has the same meaning as in section 23DZZN.

government agency has the same meaning as in section 23DZZN.