Northern Territory Consolidated Acts

FISHERIES ACT - SECT 13B

(1) A temporary transferee must not fail to exercise direct control over operations in respect of the licence.

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 temporary transferee only contravenes subsection (1) -

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

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

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

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

(4) Where an assistant, short term operator or nominated person commits a primary offence, the temporary transferee 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 or nominated person; 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 or nominated person,

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

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