South Australian Numbered Acts

INDUSTRIAL LAW REFORM (FAIR WORK) ACT 2005 (NO 3 OF 2005) - SECT 74

74—Insertion of 236A

After section 236 insert:

236A—Offences by body corporate

        (1)         If—

            (a)         a body corporate commits an offence against this Act; and

            (b)         a member of the governing body of the body corporate intentionally allowed the body corporate to engage in the conduct comprising the offence,

that person also commits an offence and is liable to the same penalty as may be imposed for the principal offence.

        (2)         A person referred to in subsection (1) may be prosecuted and convicted of an offence against that subsection whether or not the body corporate has been prosecuted or convicted of the principal offence committed by the body corporate.