213Liability of holder of authorisation regarding offence by agent

### 213 Liability of holder of authorisation regarding offence by agent > > (1)  [*\[Section 213 Subsection (1) amended by No. 49 of 2015, s. 7, Applied:01 Jul 2016\]*](/view/html/inforce/2016-07-01/act-2015-049#GS7@Hpa@EN) If an agent of a holder of an authorisation commits an offence under this Act, the holder of the authorisation– > > > > > > (a) [*\[Section 213 Subsection (1) amended by No. 49 of 2015, s. 7, Applied:01 Jul 2016\]*](/view/html/inforce/2016-07-01/act-2015-049#GS7@Hpb@EN) is taken to have committed that offence; and > > > > > > > (b) may be proceeded against for that offence whether or not the agent is proceeded against for that offence. > > > (2)  [*\[Section 213 Subsection (2) substituted by No. 7 of 2007, s. 53, Applied:30 Apr 2007\]*](/view/html/inforce/2007-04-30/act-2007-007#GS53@EN) It is a defence in proceedings for an offence under [subsection (1)](#GS213@Gs1@EN) 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) [*\[Section 213 Subsection (2) amended by No. 49 of 2015, s. 7, Applied:01 Jul 2016\]*](/view/html/inforce/2016-07-01/act-2015-049#GS7@Hpc@EN) had, before the offence occurred, taken reasonable steps to have the agent comply with this Act; and > > > > > > > (d) took reasonable steps to minimise the impact of the offence on fish and the marine environment.