South Australian Numbered Acts South Australian Numbered Acts41—Amendment of section 120—Offences committed by bodies corporate or agents, or involving registered boats
(1) Section 120(1)—delete subsection (1) and substitute:
(1) If a body corporate is guilty of a prescribed offence, 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 unless the director 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 is guilty of an offence against this Act (other than a prescribed offence or an offence against the regulations), 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.
(1b) Subsection (1a) does not apply if the principal offence is an offence against section 59, 67, 73, 75, 76, 77, 84, 88 or 91.
(2) Section 120—after subsection (4) insert:
(5) The regulations may make provision in relation to the criminal liability of a director of a body corporate that is guilty of an offence against the regulations.
(6) In this section—
"prescribed offence" means—
(a) an offence against section 52, 53, 72, 74, 78 or 102; or
(b) an offence against section 71 that involves an aquatic mammal.