South Australian Consolidated Acts

TRAINING AND SKILLS DEVELOPMENT ACT 2008 - SECT 75B

75B—Offences by bodies corporate and employees

        (1)         If a body corporate is guilty of an offence against this Act, each director of the body corporate, and each person concerned in the management of the body corporate, is guilty of an offence and liable to the same penalty as is prescribed for the principal offence where the offender is a natural person.

        (2)         It is a defence to a charge of an offence arising under subsection (1) if the defendant establishes that the defendant took reasonable precautions and exercised due diligence to prevent the commission of an offence by the body corporate.

        (3)         If an employee is guilty of an offence against this Act, the employer is liable to the same penalty as is prescribed for the principal offence.

        (4)         It is a defence to a charge of an offence arising under subsection (3) if the defendant establishes that—

            (a)         the defendant had no knowledge of the actual offence; or

            (b)         the defendant took reasonable precautions and exercised due diligence to prevent the commission of an offence by the employee.