South Australian Current Acts

EMERGENCY MANAGEMENT ACT 2004 - SECT 28

28—Failure to comply with directions

        (1)         A person must not, without reasonable excuse, refuse or fail to comply with a requirement or direction of the State Co-ordinator or of an authorised officer given in accordance with this Act during a declared identified major incident, major emergency or disaster.

Maximum penalty:

            (a)         if the offender is a body corporate—$75 000;

            (b)         if the offender is a natural person—$20 000 or imprisonment for 2 years.

Expiation fee:

            (a)         in the case of a natural person—$1 000;

            (b)         in the case of a body corporate—$5 000.

        (2)         If a body corporate is guilty of an offence against this section, each director and the manager of the body corporate are 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 or the manager (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.

        (3)         A person may be prosecuted and convicted of an offence under subsection (2) whether or not the body corporate has been prosecuted or convicted of the offence committed by the body corporate.