Annexure 1 Sub-clause 1 provides that the master of a domestic commercial vessel is guilty of an offence if the master breaches, or causes or permits another person to breach, a condition on an exemption. Sub-clause 2 clarifies that an offence under sub-clause 1 is a strict liability offence. Clause 146 Offence of breaching a condition of exemption – (all persons) Sub-clause 1 provides that a person is guilty of an offence if the person breaches a condition on an exemption. Sub-clause 2 clarifies that an offence under Sub-clause 1 is a strict liability offence. Division 3—Application of National Law to certain bodies Clause 147 Treatment of partnerships – Sub-clause 1 provides that this Bill applies to partnerships as if they were a person, but with the modifications outlined in this clause. Sub-clause 2 provides that an obligation imposed on a partnership by this Bill is imposed on each partner, but can be discharged by any partner. Sub-clause 3 provides that an offence by a partnership under this Bill is an offence by each partner. Sub-clause 4 provides that a partner does not commit an offence if they were not aware of the circumstance that created the offence or if they took all reasonable steps to correct the offence as soon as possible after becoming aware of the circumstances. The partner is required to provide evidence to support their claim that they were not aware or that they took all reasonable steps as soon as possible in the particular circumstances. Otherwise, they will be guilty of an offence under subclause 1.
Sub-clause 1 provides that the master of a domestic commercial vessel is guilty of an offence if the master breaches, or causes or permits another person to breach, a condition on an exemption. Annexure 1 Sub-clause 2 clarifies that an offence under sub-clause 1 is a strict liability offence. Clause 146 – Offence of breaching a condition of exemption (all persons) Sub-clause 1 provides that a person is guilty of an offence if the person breaches a condition on an exemption. Sub-clause 2 clarifies that an offence under Sub-clause 1 is a strict liability offence. Division 3—Application of National Law to certain bodies Clause 147 – Treatment of partnerships Sub-clause 1 provides that this Bill applies to partnerships as if they were a person, but with the modifications outlined in this clause. Sub-clause 2 provides that an obligation imposed on a partnership by this Bill is imposed on each partner, but can be discharged by any partner. Sub-clause 3 provides that an offence by a partnership under this Bill is an offence by each partner. Sub-clause 4 provides that a partner does not commit an offence if they were not aware of the circumstance that created the offence or if they took all reasonable steps to correct the offence as soon as possible after becoming aware of the circumstances. The partner is required to provide evidence to support their claim that they were not aware or that they took all reasonable steps as soon as possible in the particular circumstances. Otherwise, they will be guilty of an offence under subclause 1.
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