NSWIn ForceAct
Fisheries Management Act 1994
127CAResponsible person to ensure charter fishing activity is authorised by licence
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#### 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\[77\].