South Australian Numbered Acts South Australian Numbered Acts51—Amendment of section 42—General provisions relating to offences
(1) Section 42(2)—delete subsection (2) and substitute:
(2) If a body corporate is guilty of a prescribed offence, each director and the chief executive officer of the body corporate are guilty of an offence and, subject to subsection (4), liable to the same penalty as is prescribed for the principal offence unless the director or the chief executive officer (as the case may be) proves that he or she could not by the exercise of due diligence have prevented the commission of the offence.
(2a) If a body corporate is guilty of any other offence against this Act (other than an offence against the regulations), each director and the chief executive officer of the body corporate are guilty of an offence and, subject to subsection (4), liable to the same penalty as is prescribed for the principal offence if the prosecution proves that—
(a) the director or chief executive officer (as the case may be) knew, or ought to have known, that there was a significant risk that such an offence would be committed; and
(b) the director or chief executive officer (as the case may be) 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 or chief executive officer (as the case may be) failed to exercise due diligence to prevent the commission of the offence.
(2b) Subsection (2a) does not apply if the principal offence is an offence against section 27(2), 29A or 41.
(2) Section 42(3)—after "subsection (2)" insert:
or (2a)
(3) Subsection 42(4)(b)—delete "or (2)" and substitute:
, (2) or (2a)
(4) Section 42—after subsection (5) insert:
(6) The regulations may make provision in relation to the criminal liability of a director or the chief executive of a body corporate that is guilty of an offence against the regulations.
(7) In this section—
"prescribed offence" means—an offence against section 30, 36(1), 38, 38A or 39A.