South Australian Numbered Acts South Australian Numbered Acts14—Amendment of section 15—Accounts, statements and audit
(1) Section 15(7)—delete subsection (7) and substitute:
(7) The holder of a licence who contravenes or fails to comply with a provision of this section is guilty of an offence.
Penalty: Division 6 fine.
(7a) If a body corporate is guilty of an offence against this section, 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.
(7b) If an unincorporated body is guilty of an offence against this section, each member of the unincorporated body 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.
(2) Section 15(8)—after "this section" insert:
other than an offence against subsection (7a) or 7(b)