214Liability of supervisors

### 214 Liability of supervisors > [*\[Section 214 Substituted by No. 7 of 2007, s. 55, Applied:30 Apr 2007\]*](/view/html/inforce/2007-04-30/act-2007-007#GS55@EN) > > > (1)  [*\[Section 214 Subsection (1) amended by No. 49 of 2015, s. 9, Applied:01 Jul 2016\]*](/view/html/inforce/2016-07-01/act-2015-049#GS9@Hpa@EN) If a person commits an offence under this Act in relation to any activity supervised under [section 89](#GS89@EN) , the supervisor – > > > > > > (a) [*\[Section 214 Subsection (1) amended by No. 49 of 2015, s. 9, Applied:01 Jul 2016\]*](/view/html/inforce/2016-07-01/act-2015-049#GS9@Hpb@EN) 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)  It is a defence in proceedings for an offence under [subsection (1)](#GS214@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) [*\[Section 214 Subsection (2) amended by No. 49 of 2015, s. 9, Applied:01 Jul 2016\]*](/view/html/inforce/2016-07-01/act-2015-049#GS9@Hpc@EN) had, before the offence occurred, taken reasonable steps to have the person comply with this Act; and > > > > > > > (d) took reasonable steps to minimise the impact of the offence on fish and the marine environment.