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]

(1)  If the supervisor of an activity carried out under the authority of a licence commits an offence under section 89(4) 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] 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) 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] 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.