South Australian Consolidated Acts South Australian Consolidated Acts (1) If a body
corporate that holds a licence is guilty of a prescribed offence, each person
occupying a position of authority in the body corporate is guilty of an
offence and liable to the same penalty as is prescribed for the principal
offence unless the person proves that he or she could not by the exercise of
due diligence have prevented the commission of the offence.
(1a) If a body
corporate that holds a licence is guilty of any other offence against this
Act, each person occupying a position of authority in the body corporate is
guilty of an offence and liable to the same penalty as is prescribed for the
principal offence if the prosecution proves that—
(a) the
person knew, or ought reasonably to have known, that there was a significant
risk that such an offence would be committed; and
(b) the
person was in a position to influence the conduct of the body corporate in
relation to the commission of such an offence; and
(c) the
person failed to exercise due diligence to prevent the commission of the
offence.
(1b)
Subsection (1a) does not apply if the principal offence is an offence
against section 6, 50A, 54, 57, 64, 65, 71 or 80 or is an offence
against the regulations that is specified as an offence to which
subsection (1a) does not apply.
(1c) If a body
corporate that holds a licence is guilty of an offence against this Act, any
approved gaming machine manager for the licensed premises is guilty of an
offence and liable to the same penalty as is prescribed for the principal
offence unless the manager proves that he or she could not by the exercise of
due diligence have prevented the commission of the offence.
(2) If the trustee of
a trust that holds a licence is guilty of an offence against this Act, any
other person occupying a position of authority in the trust and any
approved gaming machine manager for the licensed premises are each guilty of
an offence and liable to the same penalty as is prescribed for the principal
offence unless it is proved that the person could not, by the exercise of
reasonable care, have prevented the commission of the principal offence.
(3) If there is proper
cause for disciplinary action against a trust or corporate entity under Part
3, there is proper cause for disciplinary action under that Part against each
person occupying a position of authority in the entity unless it is proved
that the person could not, by the exercise of reasonable care, have prevented
the misconduct.
(4) In this
section—
"prescribed offence" means any offence for which the maximum penalty includes
a term of imprisonment of 2 or more years.