Section 94V — Income Tax Assessment Act 1936: Obligations and offences

(1) The application of the income tax law to the partnership as if the partnership were a company is subject to the following changes: (a) obligations that would be imposed on the partnership are imposed instead on each partner, but may be discharged by any of the partners; (b) the partners are jointly and severally liable to pay any amount that would be payable by the partnership; (c) any offence against the income tax law that would otherwise be committed by the partnership is taken to have been committed by each of the partners. (2) In a prosecution of a person for an offence that the person is taken to have committed because of paragraph (1)(c), it is a defence if the person proves that the person: (a) did not aid, abet, counsel or procure the relevant act or omission; and (b) was not 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 person).