South Australian Numbered Acts

STATUTES AMENDMENT (DIRECTORS' LIABILITY) ACT 2011 (NO 36 OF 2011) - SECT 9

9—Substitution of section 84

Section 84—delete the section and substitute:

84—Offences by bodies corporate

        (1)         If a body corporate is guilty of a prescribed offence, the manager of the body corporate and each member of the governing body of the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence unless the manager or member (as the case may be) proves that he or she could not by the exercise of due diligence have prevented the commission of the offence.

        (2)         If a body corporate is guilty of an offence against this Act other than a prescribed offence, the manager of the body corporate and each member of the governing body of 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 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 manager or member (as the case may be) failed to exercise due diligence to prevent the commission of the offence.

        (3)         Subsection (2) does not apply if the principal offence is an offence against section 24(3) or 66 or is an offence against the regulations that is specified as an offence to which subsection (2) does not apply.

        (4)         In this section—

"prescribed offence" means an offence against section 18, 20(1), 27, 32, 33, 40, 61, 62E, 69 or 72.