17JLiability of licensee for offences by approved operator and

17J Liability of licensee for offences by approved operator and others (1) A licensee commits an offence if: (a) an approved operator, or another person engaged in fishing operations under the licence or permit, commits an offence against this Act (the relevant offence) and the licensee is reckless in relation to that circumstance; and Fisheries Act 1988 29 (b) the licensee failed to take reasonable steps to prevent the commission of the relevant offence. Maximum penalty: The maximum penalty that may be imposed for the relevant offence. (3) This section does not affect the liability of the approved operator or other person for the relevant offence. (4) This section applies whether or not the approved operator or other person is prosecuted for, or found guilty of, the relevant offence. (5) This section does not apply if the approved operator or other person would have a defence to a prosecution for the relevant offence. (6) A licensee is not liable to imprisonment if found guilty of an offence because of subsection (1) if the licensee would not have been found guilty of the offence if subsection (1) had not been enacted. (7) In determining whether a licensee failed to take reasonable steps as mentioned in subsection (1)(b), regard must be had to any matters set out in the Ministerial Guidelines.