South Australian Consolidated Acts

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STRATA TITLES ACT 1988 - SECT 47

47—Vicarious liability of management committee members

        (1)         If a strata corporation for which a management committee has been constituted is guilty of an offence against this Act, each person who was a member of the management committee at the time of the offence is also guilty of an offence and liable to a penalty not exceeding one-half the maximum prescribed for the principal offence.

        (2)         It is a defence to a charge under subsection (1) to prove—

            (a)         that the defendant exercised reasonable care in the exercise of his or her responsibilities as a member of the management committee; and

            (b)         that the offence is not attributable to any intentional or negligent act or omission on the defendant's part.



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