South Australian Numbered Acts

HARBORS AND NAVIGATION (AUSTRALIAN BUILDERS PLATE) AMENDMENT ACT 2007 (NO 23 OF 2007) - SECT 6

6—Insertion of section 86

After section 85 insert:

86—Liability of directors

        (1)         If a corporation commits an offence against this Act, each director of the corporation is guilty of an offence and liable to the same penalty as is fixed for the principal offence unless it is proved that the principal offence did not result from failure on the director's part to take reasonable care to prevent the commission of the offence.

        (2)         A director of a corporation may be prosecuted and convicted of an offence under this Act whether or not the corporation has been prosecuted or convicted of the offence committed by the corporation.

        (3)         In this section—

"director" of a corporation includes a person occupying or acting in the position of director of the corporation whether validly appointed to occupy or duly authorised to act in the position or not, and includes a person in accordance with whose directions or instructions the directors of the corporation are accustomed to act.