Australian Capital Territory Numbered Acts

WASTE MANAGEMENT AND RESOURCE RECOVERY ACT 2016 (NO. 51 OF 2016) - SECT 104

    (1)     This section applies if a partnership through a partner, servant or agent—

        (a)     engages in conduct; and

        (b)     the conduct is an offence against this part.

    (2)     Each partner (a liable partner ) in the partnership is taken to commit the offence.

    (3)     It is a defence to a prosecution for an offence against this part if a liable partner proves that—

        (a)     the partner did not know about the conduct that constituted the offence; and

        (b)     either—

              (i)     the partner took reasonable precautions and exercised appropriate diligence to ensure the partnership did not engage in the conduct; or

              (ii)     the partner was not in a position to influence the partnership in relation to the conduct.

Note     The defendant has a legal burden in relation to the matters mentioned in s (3) (see Criminal Code

, s 59).