120Liability for offences

120 Liability for offences S. 120(1) amended by No. 5/1997 s. 23(a). (1) If a person, employs or gives instructions to, or enters into a contract with, the holder of a fishery licence (other than a recreational fishery licence) or the person in charge of a boat which results in the commission of an offence against this Act, that person is also guilty of the offence. (2) If an offence against this Act is committed from or in connection with a boat, the relevant access licence holder or if there is no such access licence holder the person in charge of the boat at the time that the offence is committed is also guilty of the offence. (3) If a corporation is guilty of an offence under this Act, any nominee of the corporation specified on the relevant licence is also guilty of the offence. S. 120(4) substituted by No. 5/1997 s. 23(b). (4) Subsections (1), (2) and (3) do not apply if the person, relevant access licence holder or nominee (as the case may be) can prove— (a) that he or she did everything that was reasonably practicable to ensure that the offence would not be committed; and S. 120(4)(b) amended by No. 74/2000 s. 3(Sch. 1 item 49.2), substituted by No. 40/2019 s. 28, amended by No. 41/2025 s. 3(Sch. 1 item 19). (b) that the person, relevant access licence holder or nominee (as the case may be) did not in any way assist, encourage or direct the commission of the offence. Pt 7 Div. 2A (Heading and ss 120A–120C) inserted by No. 69/2004 s. 16.