South Australian Current Acts South Australian Current Acts120—Offences committed by bodies corporate or agents, or involving
registered boats
(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) If a person is
guilty of an offence against this Act committed while he or she was acting as
the agent of another person, that other person is guilty of an offence and
liable to the same penalty as is prescribed for the principal offence.
(3) If a
registered boat is used in or in connection with the commission of an offence
against this Act, the registered owner of the boat is guilty of an offence and
liable to the same penalty as is prescribed for the principal offence.
(4) Without limiting
the effect of this section—
(a) if
the registered master of a registered boat is not the registered owner
and—
(i)
the registered master, while on the boat, does or omits
to do an act or thing the doing or omission of which constitutes an offence
against this Act or that would, if done or omitted to be done by the
registered owner, constitute an offence against this Act; or
(ii)
the registered master does or omits to do, in relation to
a fishing activity conducted by use of the boat, an act or thing the doing or
omission of which constitutes an offence against this Act or that would, if
done or omitted to be done by the registered owner, constitute an offence
against this Act,
the registered owner is guilty of an offence and liable to the same penalty as
is prescribed for the principal offence or to the penalty to which the
registered owner would be liable if the act or thing, if done or omitted to be
done by him or her, constituted an offence against this Act;
(b)
if—
(i)
an employee or other agent of the registered owner or the
registered master, while on the boat, does or omits to do an act or thing the
doing or omission of which constitutes an offence against this Act or that
would, if done or omitted to be done by the registered owner, constitute an
offence against this Act; or
(ii)
an employee or other agent of the registered owner or the
registered master does or omits to do, in relation to a fishing activity
conducted by use of the boat, an act or thing the doing or omission of which
constitutes an offence against this Act or that would, if done or omitted to
be done by the registered owner, constitute an offence against this Act,
then—
(iii)
the registered owner is guilty of an offence and liable
to the same penalty as is prescribed for the principal offence or to the
penalty to which the registered owner would be liable if the act or thing, if
done or omitted to be done by him or her, constituted an offence against this
Act; or
(iv)
if the registered owner is not the registered master, the
registered owner and the registered master are each guilty of an offence and
liable to the same penalty as is prescribed for the principal offence or to
the penalty to which the registered owner would be liable if the act or thing,
if done or omitted to be done by him or her, constituted an offence against
this Act.
(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.