South Australian Numbered Acts South Australian Numbered Acts12—Amendment of section 85—Vicarious liability
(1) Section 85—delete subsection (1) and substitute:
(1) If a body corporate that holds a licence is guilty of a prescribed offence, each person occupying a position of authority in the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence unless the person 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 that holds a licence is guilty of any other offence against this Act, each person occupying a position of authority in the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence if the prosecution proves that—
(a) the person knew, or ought reasonably to have known, that there was a significant risk that such an offence would be committed; and
(b) the person was in a position to influence the conduct of the body corporate in relation to the commission of such an offence; and
(c) the person 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 6, 50A, 54, 57, 64, 65, 71 or 80 or is an offence against the regulations that is specified as an offence to which subsection (1a) does not apply.
(1c) If a body corporate that holds a licence is guilty of an offence against this Act, any approved gaming machine manager for the licensed premises is guilty of an offence and liable to the same penalty as is prescribed for the principal offence unless the manager proves that he or she could not by the exercise of due diligence have prevented the commission of the offence.
(2) Section 85—after subsection (3) insert:
(4) In this section—
"prescribed offence" means any offence for which the maximum penalty includes a term of imprisonment of 2 or more years.