National Consumer Credit Protection Act 2009

CHAPTER 1 - INTRODUCTION  

PART 1-2 - DEFINITIONS  

Division 4 - Other definitions  

SECTION 14   MEANING OF PERSON - GENERALLY INCLUDES A PARTNERSHIP  

14(1)   [ Changes to Act when applied to partnerships]  

This Act (other than the National Credit Code) applies to a partnership as if the partnership were a person, but it applies with the following changes:

(a) obligations that would be imposed on the partnership are imposed instead on each partner, but may be discharged by any of the partners;

(b) any contravention of this Act (other than the National Credit Code) that would otherwise be a contravention by the partnership is taken (whether for the purposes of criminal or civil liability) to have been a contravention by each partner who:

(i) aided, abetted, counselled or procured the relevant act or omission; or

(ii) 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 partner).

Note:

For the purposes of paragraph (b), to determine whether the partnership has contravened this Act, see section 325 .

14(2)   [ Change in partnership composition does not affect continuity]  

For the purposes of this Act (other than the National Credit Code), a change in the composition of a partnership does not affect the continuity of the partnership.

14(3)   [ Subsections have effect subject to contrary intention and regulations]  

Subsections (1) and (2) have effect subject to:

(a) an express or implied contrary intention in a provision of this Act (other than the National Credit Code); and

(b) the regulations, which may exclude or modify the effect of those subsections in relation to specified provisions.