Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 44C

How this Part applies to partnerships and joint ventures

             (1)  This section applies if the provider of a service is a partnership or joint venture that consists of 2 or more corporations. Those corporations are referred to in this section as the participants .

             (2)  If this Part requires or permits something to be done by the provider, the thing may be done by one or more of the participants on behalf of the provider.

             (3)  If a provision of this Part refers to the provider bearing any costs, the provision applies as if the provision referred to any of the participants bearing any costs.

             (4)  If a provision of this Part refers to the provider doing something, the provision applies as if the provision referred to one or more of the participants doing that thing on behalf of the provider.

             (5)  If:

                     (a)  a provision of this Part requires the provider to do something, or prohibits the provider from doing something; and

                     (b)  a contravention of the provision is an offence;

the provision applies as if a reference to the provider were a reference to any person responsible for the day-to-day management and control of the provider.

             (6)  If:

                     (a)  a provision of this Part requires a provider to do something, or prohibits a provider doing something; and

                     (b)  a contravention of the provision is not an offence;

the provision applies as if the reference to provider were a reference to each participant and to any other person responsible for the day-to-day management and control of the provider.



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