sec.205Responsibility for offences committed with use of vehicle, vessel, aircraft or recreational craft

### sec.205 Responsibility for offences committed with use of vehicle, vessel, aircraft or recreational craft Each responsible person for a vehicle, vessel, aircraft or recreational craft must ensure it is not used to commit an offence against this Act. If another person uses the vehicle, vessel, aircraft or recreational craft in committing an offence against a provision of this Act, each responsible person for the vehicle, vessel, aircraft or recreational craft also commits an offence, namely, the offence of failing to ensure the other person complies with the provision. Maximum penalty—the penalty for the contravention of the provision by an individual. Evidence that the other person has been convicted of an offence against a provision of this Act is evidence that each responsible person for the vehicle, vessel, aircraft or recreational craft committed the offence of failing to ensure the other person complies with the provision. However, it is a defence for a responsible person for the vehicle, vessel, aircraft or recreational craft to prove— if the responsible person was in a position to influence the conduct of the other person in relation to the offence—the responsible person exercised reasonable diligence to ensure the other person complied with the provision; or the responsible person was not in a position to influence the conduct of the other person in relation to the offence. In this section— responsible person , for a vehicle, vessel, aircraft or recreational craft, in relation to an offence, means— an owner of the vehicle, vessel, aircraft or recreational craft when the offence was committed; or a person in control of the vehicle, vessel, aircraft or recreational craft at the time the offence was committed; or a person (the operator ) who, at the time the offence was committed, was a party to an agreement with a person mentioned in paragraph (a) or (b) under which the operator, or the operator and the other party to the agreement, were authorised to decide the activities for the vehicle, vessel, aircraft or recreational craft. (sec.205-ssec.1) Each responsible person for a vehicle, vessel, aircraft or recreational craft must ensure it is not used to commit an offence against this Act. (sec.205-ssec.2) If another person uses the vehicle, vessel, aircraft or recreational craft in committing an offence against a provision of this Act, each responsible person for the vehicle, vessel, aircraft or recreational craft also commits an offence, namely, the offence of failing to ensure the other person complies with the provision. Maximum penalty—the penalty for the contravention of the provision by an individual. (sec.205-ssec.3) Evidence that the other person has been convicted of an offence against a provision of this Act is evidence that each responsible person for the vehicle, vessel, aircraft or recreational craft committed the offence of failing to ensure the other person complies with the provision. (sec.205-ssec.4) However, it is a defence for a responsible person for the vehicle, vessel, aircraft or recreational craft to prove— if the responsible person was in a position to influence the conduct of the other person in relation to the offence—the responsible person exercised reasonable diligence to ensure the other person complied with the provision; or the responsible person was not in a position to influence the conduct of the other person in relation to the offence. (sec.205-ssec.5) In this section— responsible person , for a vehicle, vessel, aircraft or recreational craft, in relation to an offence, means— an owner of the vehicle, vessel, aircraft or recreational craft when the offence was committed; or a person in control of the vehicle, vessel, aircraft or recreational craft at the time the offence was committed; or a person (the operator ) who, at the time the offence was committed, was a party to an agreement with a person mentioned in paragraph (a) or (b) under which the operator, or the operator and the other party to the agreement, were authorised to decide the activities for the vehicle, vessel, aircraft or recreational craft. - (a) if the responsible person was in a position to influence the conduct of the other person in relation to the offence—the responsible person exercised reasonable diligence to ensure the other person complied with the provision; or - (b) the responsible person was not in a position to influence the conduct of the other person in relation to the offence. - (a) an owner of the vehicle, vessel, aircraft or recreational craft when the offence was committed; or - (b) a person in control of the vehicle, vessel, aircraft or recreational craft at the time the offence was committed; or - (c) a person (the operator ) who, at the time the offence was committed, was a party to an agreement with a person mentioned in paragraph (a) or (b) under which the operator, or the operator and the other party to the agreement, were authorised to decide the activities for the vehicle, vessel, aircraft or recreational craft.