GREAT BARRIER REEF MARINE PARK ACT 1975 - SECT 38FD Liability of permission holder for conduct contravening permission: offence

GREAT BARRIER REEF MARINE PARK ACT 1975 - SECT 38FD

  (1)   A person commits an offence if:

  (a)   the person gives another person authority to engage in conduct; and

  (b)   the authority is given in accordance with a permission granted under the regulations for the purposes of a provision of this Act or of a zoning plan; and

  (c)   the permission is subject to a condition; and

  (d)   the other person commits an offence against section   38EA involving a contravention of the condition; and

  (e)   the person failed to take all reasonable steps and to exercise due diligence to prevent the other person contravening the condition.

Penalty:   The penalty for which the person would have been liable had the person committed the offence referred to in paragraph   (1)(d).

  (2)   Strict liability applies to paragraphs   (1)(a), (b), (c) and (d).

Note:   For strict liability, see section   6.1 of the Criminal Code .

  (3)   In determining whether the person took all reasonable steps and exercised due diligence for the purposes of paragraph   (1)(e), have regard to:

  (a)   any steps the person took to become satisfied that the conditions of the permission would be complied with; and

  (b)   if the person was, or should have been, aware that there was a risk that the other person would contravene a condition of the permission--any steps the person took to reduce or remove that risk.