South Australian Consolidated Acts

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RETIREMENT VILLAGES ACT 1987 - SECT 42

42—Offences

        (1)         A prosecution for an offence against this Act can only be commenced by the Minister or a person authorised by the Minister.

        (2)         In proceedings for an offence against this Act, a document apparently signed by the Minister that appears to be an authorisation for the purposes of subsection (1) will be accepted, in the absence of proof to the contrary, as proof of such an authorisation.

        (3)         Where a body corporate is guilty of an offence against this Act, a director or manager is also guilty of an offence and liable to the same penalty as is prescribed for the principal offence unless it is proved that he or she could not, by the exercise of reasonable diligence, have prevented the commission of the offence by the body corporate.



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