South Australian Numbered Acts

STATUTES AMENDMENT (DIRECTORS' LIABILITY) ACT 2013 (NO 16 OF 2013) - SECT 37

37—Amendment of section 90—Vicarious liability

Section 90(3)—delete subsection (3) and substitute:

        (3)         If a body corporate is guilty of an offence against section 28A or  37, each director of the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence when committed by a natural person if the prosecution proves that—

            (a)         the director knew, or ought reasonably to have known, that there was a significant risk that such an offence would be committed; and

            (b)         the director was in a position to influence the conduct of the body corporate in relation to the commission of such an offence; and

            (c)         the director failed to exercise due diligence to prevent the commission of the offence.