Document ID: chunk:federal_register_of_legislation:C2008A00159:clause:1_140zc
Version: federal_register_of_legislation:C2008A00159
Segment Type: clause
Provision Reference: sch 1 cl 140ZC
Character Range: 33052–34907

140ZC  Partnerships—offences and civil penalties

 (1) An offence against this Division that would otherwise be committed by a partnership is taken to have been committed by each partner in the partnership, at the time the offence is committed, who:
 (a) did the relevant act or made the relevant omission; or
 (b) aided, abetted, counselled or procured the relevant act or omission; or
 (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly or whether by any act or omission of the partner).

 (2) A civil penalty provision of this Division that would otherwise be contravened by a partnership is taken to have been contravened by each partner in the partnership, at the time of the conduct constituting the contravention, who:
 (a) engaged in the conduct; or
 (b) aided, abetted, counselled or procured the conduct; or
 (c) was in any way knowingly concerned in, or party to, the conduct (whether directly or indirectly or whether by any act or omission of the partner).

 (3) If a partner in a partnership contravenes a civil penalty provision, the civil penalty that may be imposed on the partner must not exceed an amount equal to one‑fifth of the maximum penalty that could be imposed on a body corporate for the same contravention.

 (4) For the purposes of subsections (1) and (2), to establish that a partnership engaged in particular conduct, it is sufficient to show that the conduct was engaged in by a partner:
 (a) in the ordinary course of the business of the partnership; or
 (b) within the scope of the actual or apparent authority of the partner.

 (5) For the purposes of subsection (1), to establish that a partnership had a particular state of mind when it engaged in particular conduct, it is sufficient to show that a relevant partner had the relevant state of mind.