TASIn ForceAct
Living Marine Resources Management Act 1995
210Liability of master of vessel
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### 210 Liability of master of vessel
> > (1) [*\[Section 210 Subsection (1) amended by No. 49 of 2015, s. 5, Applied:01 Jul 2016\]*](/view/html/inforce/2016-07-01/act-2015-049#GS5@Hpb@EN) [*\[Section 210 Subsection (1) amended by No. 49 of 2015, s. 5, Applied:01 Jul 2016\]*](/view/html/inforce/2016-07-01/act-2015-049#GS5@Hpa@EN) If a person commits an offence under this Act, the master of the vessel on which, or by the use of which, the offence was committed–
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> > > > (a) [*\[Section 210 Subsection (1) amended by No. 49 of 2015, s. 5, Applied:01 Jul 2016\]*](/view/html/inforce/2016-07-01/act-2015-049#GS5@Hpc@EN) is taken to have committed that offence; and
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> > > > (b) may be proceeded against for that offence whether or not the person is proceeded against for that offence.
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> > (2) [*\[Section 210 Subsection (2) amended by No. 7 of 2007, s. 50, Applied:30 Apr 2007\]*](/view/html/inforce/2007-04-30/act-2007-007#GS50@Hpa@EN) It is a defence in proceedings for an offence under [subsection (1)](#GS210@Gs1@EN) if the defendant establishes that he or she–
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> > > > (a) did not know the offence had been committed; and
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> > > > (b) could not reasonably have prevented the commission of the offence; and
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> > > > (c) [*\[Section 210 Subsection (2) amended by No. 7 of 2007, s. 50, Applied:30 Apr 2007\]*](/view/html/inforce/2007-04-30/act-2007-007#GS50@Hpb@EN) took reasonable steps to minimise the impact of the offence on fish and the marine environment.