Part 7 Miscellaneous
Division 2 Treatment of certain entities
Section 53A
Division 2—Treatment of certain entities
53A How certain entities hold interests
For the purposes of this Act, a trust, partnership, superannuation
fund or unincorporated foreign company (as the case requires) is
taken to hold an interest in an asset or entity if:
(a) one or more trustees hold the interest on behalf of the
beneficiaries of the trust; or
(b) one or more partners hold the interest on behalf of the
partnership; or
(c) one or more trustees hold the interest on behalf of the
beneficiaries of the superannuation fund; or
(d) one or more appointed officers hold the interest on behalf of
the company.
Note:
For the definition of appointed officer, see section 5.
54 Treatment of partnerships
(1) This Act applies to a partnership as if it were an entity, but with the
changes set out in this section.
(2) An obligation that would otherwise be imposed on the partnership
by this Act is imposed on each partner instead, but may be
discharged by any of the partners.
(3) An offence against this Act that would otherwise have been
committed by the partnership is taken to have been committed by
each partner in the partnership, at the time the offence was
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 and
whether by any act or omission of the partner).
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Security of Critical Infrastructure Act 2018
Authorised Version C2018A00029
No. 29, 2018