Northern Territory Consolidated Acts

FISHERIES ACT - SECT 13A

(1) A licensee or permit holder must not fail to exercise direct control over operations in respect of the licence or permit.

Penalty:

(a) in a case to which subsection (2)(a) or (b) applies - $20,000;

(b) in a case to which subsection (2)(c) applies - $5,000.

(2) A licensee or permit holder only contravenes subsection (1) -

(a) where there is in force a notice under section 13 that relates to the licence or permit, if he or she contravenes or fails to comply with the notice;

(b) where no notice under section 13 relating to the licence or permit is in force, if he or she is not in the vicinity of operations in respect of the licence or permit; or

(c) if an assistant, short term operator, nominated person or temporary transferee commits an offence against this Act during the conduct of operations in respect of the licence or permit.

(3) In this section, a reference to a licensee or permit holder does not include a person deemed under section 12A, 14 or 14A to be a licensee or permit holder.

(4) Subsection (2)(b) does not apply in relation to a licensee or permit holder if, at the time he or she was not in the vicinity of the operations, a short term operator, nominated person or temporary transferee in relation to the licence or permit was in the vicinity of the operations.

(5) Where an assistant, short term operator, nominated person or temporary transferee commits a primary offence, the licensee or permit holder may be found guilty of an offence against subsection (1) on the ground that -

(a) the act alleged to constitute an element of the offence is the committal of the primary offence by the assistant, short term operator, nominated person or temporary transferee; or

(b) the act alleged to constitute an element of the offence is the committal of an offence by another person an element of which is the committal of the primary offence by the assistant, short term operator, nominated person or temporary transferee,

but may not be found guilty of more than one offence against subsection (1) in respect of the same primary offence.

(6) In this section, primary offence means an offence against this Act committed during the conduct of operations in respect of a licence or permit, other than an offence an element of which is the committal of an offence against this Act by another person.