45DLiability for offences

45D Liability for offences (1) If an employee of a licence holder engages in conduct on behalf of the licence holder within the scope of the employee's actual or apparent authority, the licence holder is deemed, for the purposes of a prosecution for an offence against this Division, also to have engaged in the conduct, unless the licence holder establishes that the licence holder took reasonable precautions and exercised due diligence to avoid the conduct. (2) If a person in charge of a boat is party to a contract or arrangement with a licence holder and the person in charge of the boat engages in conduct on behalf of the licence holder within the scope of the person's actual or apparent authority under the contract or arrangement, the licence holder is deemed, for the purposes of a prosecution for an offence against this Division, also to have engaged in the conduct, unless the licence holder establishes that the licence holder took reasonable precautions and exercised due diligence to avoid the conduct. S. 45D(2A) inserted by No. 57/2006 s. 6(2). (2A) If an offence against this Division is committed from or in connection with a boat, the person in charge of the boat at the time that the offence is committed is also guilty of such an offence. S. 45D(2B) inserted by No. 57/2006 s. 6(2). (2B) Subsection (2A) does not apply in circumstances in which subsection (1) or (2) applies. S. 45D(2C) inserted by No. 57/2006 s. 6(2). (2C) It is a defence in any proceedings for an offence against subsection (2A) if the person in charge of the boat establishes— S. 45D(2C)(a) amended by No. 47/2025 s. 111. (a) that the person did everything that was reasonably practicable to ensure that the offence would not be committed; and S. 45D(2C)(b) amended by No. 47/2025 s. 111. (b) that the person did not in any way aid, abet, counsel or procure the commission of the offence. (3) In this section, ***licence holder*** means a person who is the holder of a fishery licence within the meaning of paragraph (a), (c), (e) or (f) of the definition of ***fishery licence*** in section 4(1) of the **Fisheries Act 1995**. S. 45E inserted by No. 40/2002 s. 16, amended by No. 57/2006 s. 7.