Document ID: chunk:federal_register_of_legislation:C2010A00093:clause:6_93b
Version: federal_register_of_legislation:C2010A00093
Segment Type: clause
Provision Reference: sch 6 cl 93B
Character Range: 78183–80416

93B  Unincorporated associations and partnerships
 (1) For the purposes of the definition of owner of a community store in subsection 93A(1), an unincorporated association or a partnership:
 (a) is taken to be a person; and
 (b) is taken to have overall ownership of the community store business and to be entitled to the profits (if any), and liable for the debts (if any), of the community store, if:
 (i) in the case of an unincorporated association—one or more members of the unincorporated association, have overall ownership of the community store business and are entitled to those profits and liable for those debts; or
 (ii) in the case of a partnership—one or more partners in the partnership have overall ownership of the community store business and are entitled to those profits and liable for those debts.
 (2) If, because of subsection (1), an unincorporated association or a partnership is the owner of a community store, this Part applies as follows in relation to the unincorporated association or partnership:
 (a) if a provision of this Part requires or permits a notice to be given to the owner of the community store, the notice may be given to the following:
 (i) in the case of an unincorporated association—any of the members of the committee of management from time to time;
 (ii) in the case of a partnership—any of the partners from time to time;
 (b) anything done, or not done, by a member of the committee of management or a partner, in relation to the community store, is taken to have been done, or not done, by the unincorporated association or the partnership;
 (c) the obligations, requirements and restrictions imposed, and the rights conferred, under this Part upon the owner of the community store are taken to be imposed or conferred upon the members of the committee of management, or the partners, from time to time.
 (3) For the purposes of this Part, a change in the composition of an unincorporated association or a partnership does not affect the continuity of the unincorporated association or partnership.
 (4) In this section:
committee of management of an unincorporated association means a body (however described) that governs, manages or conducts the affairs of the association.