S 50-40 repealed by No 86 of 2026, s 3 and Sch 1 item 46, applicable in relation to conduct engaged in on or after 1 October 2026. S 50-40 formerly read:
SECTION 50-40 Treatment of partnerships
50-40(1)
If a partnership contravenes a civil penalty provision, each partner in the partnership, at the time of the conduct constituting the contravention, is taken to have contravened the civil penalty provision unless the partner proves, on the balance of probabilities, that the partner:
(a)
did not engage in the conduct; and
(b)
did not aid, abet, counsel or procure the conduct; and
(c)
was not 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).
50-40(2)
If a partnership contravenes a civil penalty provision, the civil penalty that may be imposed on each partner in the partnership:
(a)
if the partner is an individual
-
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; and
(b)
in any other case
-
must not exceed the maximum penalty that could be imposed on a body corporate for the same contravention.
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