38FALiability for vessel, aircraft or platform used in committing offence: offence

#### 38FA Liability for vessel, aircraft or platform used in committing offence: offence (1) A person commits an offence if: (a) a person is responsible (see subsection (4)) for a vessel, aircraft or platform; and (b) the vessel, aircraft or platform is used in committing an offence against a provision of another Division of this Part; and (c) the person failed to take all reasonable steps and to exercise due diligence to prevent the vessel, aircraft or platform being used in committing the offence. Penalty: The penalty for which the person would have been liable had the person committed the offence referred to in paragraph (1)(b). > Note: See also Division 8. (2) Strict liability applies to paragraphs (1)(a) and (b). > Note: For strict liability, see section 6.1 of the Criminal Code. (3) In determining whether the person took all reasonable steps and exercised due diligence for the purposes of paragraph (1)(c), have regard to: (a) any steps the person took to become satisfied that this Act would be complied with; and (b) if the person was, or should have been, aware that there was a risk that the vessel, aircraft or platform would be used in committing an offence—any steps the person took to reduce or remove that risk. (4) For the purposes of paragraph (1)(a), each of the following persons is responsible for the vessel, aircraft or platform: (a) the master of the vessel or the person in charge of the aircraft or platform; (b) the owner or a co‑owner, or an owner of any part of or share in, the vessel, aircraft or platform; (c) a party to an agreement with a person referred to in paragraph (a) or (b) under which the party, or the party and the other person, may determine the activities for which the vessel, aircraft or platform is used; (d) in relation to a primary commercial fishing vessel used in committing an offence constituted by conduct that is fishing: (i) a person who, under a law of the Commonwealth, a State or Territory, holds a licence or other permission (however described and including one that is suspended) permitting the vessel to be used to take fish for commercial purposes; and (ii) a person who, under a law of the Commonwealth, a State or Territory, holds a licence or other permission (however described and including one that is suspended) permitting the person to be in charge of the vessel’s fishing operations; (e) in relation to a dory used in committing an offence constituted by conduct that is fishing: (i) the master of the primary commercial fishing vessel in association with which the dory is used; and (ii) a person who, under a law of the Commonwealth, a State or a Territory, holds a licence or other permission (however described and including one that is suspended) permitting the dory to be used in association with a primary commercial fishing vessel; and (iii) a person who, under a law of the Commonwealth, a State or a Territory, holds a licence or other permission (however described and including one that is suspended) permitting the primary commercial fishing vessel in association with which the dory is used to be used to take fish for commercial purposes; and (iv) a person who, under a law of the Commonwealth, a State or a Territory, holds a licence or other permission (however described and including one that is suspended) permitting the person to be in charge of the fishing operations of the primary commercial fishing vessel in association with which the dory is used.