South Australian Current Acts South Australian Current Acts (1) If the Crown is
guilty of an offence against this Act, the penalty to be imposed on the Crown
is the penalty applicable to a body corporate.
(2) For the purposes
of this Act, any conduct engaged in on behalf of the Crown by an employee,
agent or officer of the Crown acting within the actual or apparent scope of
his or her employment, or within his or her actual or apparent authority, is
conduct also engaged in by the Crown.
(3) If an offence
under this Act requires proof of knowledge, intention or recklessness, it is
sufficient in proceedings against the Crown for that offence to prove that the
person referred to in subsection (2) had the relevant knowledge,
intention or recklessness.
(4) If for an offence
against this Act mistake of fact is relevant to determining liability, it is
sufficient in proceedings against the Crown for that offence if the person
referred to in subsection (2) made that mistake of fact.