New South Wales Consolidated Acts

FISHERIES MANAGEMENT ACT 1994 - SECT 279A

279A Duty of master of boat to prevent contraventions of Act

(1) A person commits an offence if:

(a) the person is master of a boat while it is used for any fishing activities, and

(b) another person (the "principal offender") on board the boat commits a serious fisheries offence while the boat is being used for fishing activities.

(2) The maximum penalty for an offence against this section is the maximum penalty for the serious fisheries offence committed by the principal offender.

(3) It is a defence to proceedings for an offence against this section if the person charged proves that:

(a) the person issued proper instructions and took reasonable precautions to ensure compliance with this Act, and

(b) the serious fisheries offence occurred without the person’s knowledge, and

(c) the person could not by the exercise of reasonable diligence have prevented the commission of the serious fisheries offence.

(4) A person may be proceeded against and convicted under this section whether or not the principal offender has been proceeded against or been convicted for the serious fisheries offence committed by the principal offender.

(5) In this section:
"serious fisheries offence" means an offence against section 14, 16, 17, 18, 19, 20, 20A, 24, 25, 35, 68, 102 or 112.