South Australian Repealed Acts

This legislation has been repealed.

NATURAL RESOURCES MANAGEMENT ACT 2004 - SECT 219

219—Offences by bodies corporate

        (1)         If a body corporate is guilty of a prescribed offence, each member of the governing body, and the manager, of the body corporate are guilty of an offence and liable to the same penalty as is prescribed for the principal offence when committed by a natural person unless the member or the manager (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 any other offence against this Act (other than an offence against the regulations), each member of the governing body, and the manager, of the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence when committed by a natural person if the prosecution proves that—

            (a)         the member or manager (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 member or manager (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 member or manager (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—

            (a)         an offence against section 11 , 32, 71 , 106 , 132 , 144 , 145 , 169 , 175(2) or (3) , 180 , 183(11) , 186 , 187 , 188 , 190 , 192 , 193 , 195 , 214 or  215 ; or

            (b)         an offence against section 127(6) that relates to the breach of a prescribed condition of a water management authorisation; or

            (c)         an offence against section 176 or  177 that relates to a Category 3 animal or plant; or

            (d)         an offence against section 178 that relates to a Category 3 plant; or

            (e)         an offence against section 181 that relates to a Category 3 animal or plant; or

            (f)         an offence against Schedule 1 clause 3 .

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

        (5)         The regulations may make provision in relation to the criminal liability of a member of the governing body, or the manager, of a body corporate that is guilty of an offence against the regulations.

        (6)         In this section—

"prescribed offence" means—

            (a)         an offence against section 123(12) , 130, 131 or  183(9) ; or

            (b)         an offence against section 181 that relates to a Category 1 or Category 2 animal or plant.