South Australian Current Acts South Australian Current Acts38—Offences by bodies corporate
(1) If a body
corporate is guilty of a prescribed offence, each member of the governing body
of the body corporate is guilty of an offence and liable to the same penalty
as is prescribed for the principal offence unless the member proves that he or
she could not by the exercise of due diligence have prevented the commission
of the offence.
(2) If a body
corporate is guilty of any other offence against this Act (other than an
offence against the regulations), each member of the governing body of 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
member knew, or ought reasonably to have known, that there was a significant
risk that such an offence would be committed; and
(b) the
member was in a position to influence the conduct of the body corporate in
relation to the commission of such an offence; and
(c) the
member failed to exercise due diligence to prevent the commission of the
offence.
(3)
Subsection (2) does not apply if the principal offence is—
(a) an
offence against section 15A, 31B or 31E; or
(b) an
offence against section 40 that relates to such an offence.
(3a) The regulations
may make provision in relation to the criminal liability of members of the
governing body of a body corporate that is guilty of an offence against the
regulations.
(4) In this
section—
"prescribed offence" means—
(a) an
offence against section 13(1) or (2) or section 14(1), (2) or (4);
or
(b) an
offence against section 40 that relates to such an offence.