South Australian Current Acts South Australian Current Acts177—Proceedings against corporations
(1) In this
section—
"representative", in relation to a corporation, means a person appointed by
the corporation to represent it for the purposes of this section.
(2) For the purposes
of this section—
(a) a
representative need not be appointed under the seal of a corporation; and
(b) a
statement in writing purporting to be signed by a managing director of a
corporation or by 1 or more of the persons having the management of the
affairs of a corporation, to the effect that the person named in the statement
has been appointed as the representative of the corporation for the purposes
of this section is admissible in evidence and, in the absence of evidence to
the contrary, is proof that the person has been so appointed.
(3) A corporation
charged with an offence may appear in the proceedings by its representative
and may, by its representative, enter or withdraw a plea or make or withdraw
an election.
(4) If—
(a) a
representative appears in a proceeding against a corporation for an offence;
and
(b)
there is a requirement that something be done in the presence of the
defendant, or be said to the defendant,
it is sufficient if that thing is done in the presence of the representative
or said to the representative.
(5) The trial of a
corporation may proceed in the absence of any representative of the
corporation.
(6) If a corporation
arraigned on an information fails to appear by a representative to enter a
plea in relation to the charge, the court may order that a plea of not guilty
be entered.