Document ID: chunk:federal_register_of_legislation:C2004C01399:clause:1_23dzzi
Version: federal_register_of_legislation:C2004C01399
Segment Type: clause
Provision Reference: sch 1 cl 23DZZI
Character Range: 28735–30302

23DZZI  Application of this Division to partnerships

 (1) Where a partnership, rather than a person or government agency, is in effective control of:
 (a) diagnostic imaging premises, whether or not the holder of an estate or interest in the premises; and
 (b) the use of the diagnostic imaging 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 Division.

 (2) Where a partnership, rather than a person or government agency, is in effective control of:
 (a) a base for mobile diagnostic imaging equipment, whether or not the holder of an estate or interest in the base; and
 (b) the use of diagnostic imaging 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 Division.

 (3) However:
 (a) an obligation under this Division, although imposed on each partner in the partnership, may be discharged by any of them; and
 (b) a right under this Division, 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 23DZO.

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