53Offence to fail to comply with licence or permit conditions

53 Offence to fail to comply with licence or permit conditions (1) The holder of a fishery licence or a permit must comply with any condition to which the licence or permit is subject. (a) if the offence involves a priority species or the breach of a designated licence condition: 100 penalty units or 6 months imprisonment or both; (b) if the offence is committed by the holder of a recreational fishery licence and paragraph (a) does not apply: 5 penalty units; (c) in any other case: 50 penalty units. S. 53(2) amended by No. 35/2009 s. 59(a). (2) For the purposes of subsection (1), if a person who does any thing on behalf of the holder of a fishery licence or a permit does not comply with any condition to which the licence or permit is subject in doing that thing, the holder of the licence or permit is deemed to have failed to comply with that condition. S. 53(3) amended by No. 35/2009 s. 59(b). (3) Subsection (2) does not apply if the holder of the licence or permit can prove— S. 53(3)(a) substituted by No. 108/2003 s. 14, amended by No. 35/2009 s. 59(b). (a) that, at the time the offence was committed, there was in force a written agreement between him or her and the person under which the person agreed to comply with all relevant conditions to which the licence or permit was subject and all other relevant requirements of this Act and the regulations; and S. 53(3)(b) substituted by No. 108/2003 s. 14. (b) that he or she did everything else that was reasonably practicable to ensure that the person would comply with the condition; and S. 53(3)(c) inserted by No. 108/2003 s. 14, substituted by No. 40/2019 s. 14. (c) that the holder did not in any way assist, encourage or direct the person to fail to comply with the condition. S. 53(4) amended by No. 35/2009 s. 59(c). (4) A person who does any thing on behalf of the holder of a licence or a permit must comply with any condition to which the licence or permit is subject in doing that thing. (a) if the offence involves a priority species or the breach of a designated licence condition: 100 penalty units or 6 months imprisonment or both; (b) in any other case: 50 penalty units. Note to s. 53(4) inserted by No. 108/2003 s. 19. If a person is convicted under subsection (4), section 128A enables the court to prohibit the person convicted from acting on behalf of certain classes of licence holders in certain cases. S. 54 substituted by No. 5/1997