210Liability of master of vessel

210 Liability of master of vessel

(1)  [Section 210 Subsection (1) amended by No. 49 of 2015, s. 5, Applied:01 Jul 2016] [Section 210 Subsection (1) amended by No. 49 of 2015, s. 5, Applied:01 Jul 2016] 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–

(a) [Section 210 Subsection (1) amended by No. 49 of 2015, s. 5, Applied:01 Jul 2016] is taken to have committed that offence; and

(b) may be proceeded against for that offence whether or not the person is proceeded against for that offence.

(2)  [Section 210 Subsection (2) amended by No. 7 of 2007, s. 50, Applied:30 Apr 2007] It is a defence in proceedings for an offence under subsection (1) if the defendant establishes that he or she–

(a) did not know the offence had been committed; and

(b) could not reasonably have prevented the commission of the offence; and

(c) [Section 210 Subsection (2) amended by No. 7 of 2007, s. 50, Applied:30 Apr 2007] took reasonable steps to minimise the impact of the offence on fish and the marine environment.