127CAResponsible person to ensure charter fishing activity is authorised by licence

127CA Responsible person to ensure charter fishing activity is authorised by licence

127CA Responsible person to ensure charter fishing activity is authorised by licence

(1) The responsible person for a charter fishing activity that is a declared charter fishing activity must not use a boat, or permit a boat to be used, for that charter fishing activity unless authorised to do so by a charter fishing licence.

Maximum penalty—

(a) in the case of an individual—

(i) 200 penalty units or imprisonment for 6 months (or both) for a first offence, or

(ii) 400 penalty units or imprisonment for 12 months (or both) for a second or subsequent offence, or

(b) in the case of a corporation—

(i) 400 penalty units for a first offence, or

(ii) 800 penalty units for a second or subsequent offence.

(2) The use of a boat for a charter fishing activity is authorised by a charter fishing licence only if—

(a) the responsible person is the holder of a charter fishing licence or acting with the consent of the holder of a charter fishing licence, and

(b) the licence authorises the use of a boat for the charter fishing activity concerned, and

(c) the responsible person is in physical possession of that licence at the time that the boat is used for the charter fishing activity, and

(d) the boat is being used in accordance with that licence.

(3) An employed guide for a guided non-motorised activity is taken to permit a boat to be used for a guided non-motorised activity when the employed guide acts as an employed guide in relation to that activity.

s 127CA: Ins 2015 No 59, Sch 1[77].