213ALiability of holder of licence regarding offence by supervisor

### 213A Liability of holder of licence regarding offence by supervisor > [*\[Section 213A Inserted by No. 7 of 2007, s. 54, Applied:30 Apr 2007\]*](/view/html/inforce/2007-04-30/act-2007-007#GS54@EN) > > > (1)  If the supervisor of an activity carried out under the authority of a licence commits an offence under [section 89(4)](#GS89@Gs4@EN) in respect of that activity, the holder of the licence – > > > > > > (a) [*\[Section 213A Subsection (1) amended by No. 49 of 2015, s. 8, Applied:01 Jul 2016\]*](/view/html/inforce/2016-07-01/act-2015-049#GS8@Hpa@EN) is taken to have committed that offence; and > > > > > > > (b) may be proceeded against for that offence whether or not the supervisor is proceeded against for that offence. > > > (2)  It is a defence in proceedings for an offence under [subsection (1)](#GS213A@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) [*\[Section 213A Subsection (2) amended by No. 49 of 2015, s. 8, Applied:01 Jul 2016\]*](/view/html/inforce/2016-07-01/act-2015-049#GS8@Hpb@EN) had, before the offence occurred, taken reasonable steps to have the supervisor comply with this Act; and > > > > > > > (d) took reasonable steps to minimise the impact of the offence on fish and the marine environment.