Document ID: chunk:federal_register_of_legislation:C2010C00715:clause:1_4:p19
Version: federal_register_of_legislation:C2010C00715
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 19/21)
Character Range: 105169–107814

in any financial year under this Part must retain that copy for 5 years after the end of that year.

Penalty: 30 penalty units.

Note: See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

[The next Division is Division 20.]

Division 20—Other matters

Table of Subdivisions

 20‑A How this Part applies to certain entities
 20‑B Offences
 20‑C Commissioner's power to obtain information and evidence
 20‑D Review of decisions

Subdivision 20‑A—How this Part applies to certain entities

Table of sections

20‑5 Partnerships
20‑10 Unincorporated companies
20‑15 Superannuation funds

20‑5  Partnerships

 (1) This Part applies to a partnership as if the partnership were a person, but with the changes set out in this section.

 (2) An obligation that would otherwise be imposed on the partnership under this Part:
 (a) is imposed on each partner instead; but
 (b) may be discharged by any of the partners.

 (3) The partners are jointly and severally liable to pay an amount that would otherwise be payable by the partnership under this Part.

 (4) An offence against this Part that would otherwise be committed by the partnership is taken to have been committed by each partner who:
 (a) aided, abetted, counselled or procured the relevant act or omission; or
 (b) 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).

20‑10  Unincorporated companies

 (1) This Part applies to a company that is not incorporated as if the company were a person, but with the changes set out in this section.

 (2) An obligation that would otherwise be imposed on the company under this Part:
 (a) is imposed on each member of the committee of management of the company instead; but
 (b) may be discharged by any of those members.

 (3) An offence against this Part that would otherwise be committed by the company is taken to have been committed by each member of the committee of management of the company who:
 (a) aided, abetted, counselled or procured the relevant act or omission; or
 (b) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the member).

20‑15  Superannuation funds

  If a *superannuation fund does not have a trustee of the fund, then, for the purposes of this Part:
 (a) the person who manages the fund is taken to be the trustee of the fund; or
 (b) each of the persons who manage the fund is taken to be a trustee of the fund.

Note: The trustee of a superannuation fund is an entity. See