Northern Territory Consolidated Acts

FISHERIES ACT - SECT 13C

(1) A nominated person 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 person only contravenes subsection (1) -

(a) where there is in force a notice under section 13 that relates to the licence or permit, if -

(i) he or she contravenes or fails to comply with the notice; and

(ii) the contravention or failure occurs in relation to a place, area or operations in relation to which he or she is the nominated person;

(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 -

(i) in the place or area; or

(ii) that are the type of operations,

in relation to which he or she is the nominated person;

(c) if an assistant commits an offence against this Act in a place or area, or during the conduct of operations, in relation to which the person is the nominated person; or

(d) if the short term operator commits an offence against this Act in a place or area, or during the conduct of operations, in relation to which the person is the nominated person.

(3) Subsection (2)(a), (b) and (c) do not apply in relation to a nominated person if, at the time the offence is alleged to have been committed, there is a short term operator in relation to -

(a) the licence; and

(b) the place, area or operations, as the case may be.