South Australian Current Acts South Australian Current Acts59—Liability of members of governing bodies of bodies corporate
(1) If a body
corporate is guilty of an offence against this Act (other than an offence
against the regulations), each member of the governing body, and the manager,
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
manager or member (as the case may be) knew, or ought reasonably to have
known, that there was a significant risk that such an offence would be
committed; and
(b) the
manager or member (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
member failed to exercise due diligence to prevent the commission of the
offence.
(1a) The regulations
may make provision in relation to the criminal liability of a member of the
governing body, and the manager, of a body corporate that is guilty of an
offence against the regulations.
(2) A person may be
prosecuted and convicted of an offence under this section whether or not the
body corporate has been prosecuted or convicted of the offence committed by
the body corporate.