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SUPERANNUATION GUARANTEE (ADMINISTRATION) ACT 1992 - SECT 72

Treatment of partnerships

  (1)   Subject to this section, this Act applies as if a partnership were a legal person.

  (2)   An obligation that, apart from this subsection, would be imposed by this Act on a partnership is instead imposed on each partner, but may be discharged by any of the partners.

  (3)   If, apart from this subsection, a liability to pay money would be imposed on a partnership by this Act, the liability is instead imposed on the partners jointly and severally.

  (4)   If, because of subsection   ( 1), a partnership would be taken to have committed an offence, the offence is instead taken to have been committed by each of the partners.

  (5)   In a prosecution for an offence taken to have been committed by a person because of subsection   ( 4), it is a defence that the person:

  (a)   did not aid, abet, counsel or procure the act or omission constituting the offence; and

  (b)   was not in any way, by act or omission, directly or indirectly, knowingly concerned in, or party to, the act or omission constituting the offence.

  (6)   A reference in this section to this Act includes a reference to Part   III of the Taxation Administration Act 1953 , in so far as that Part relates to this Act.


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