Northern Territory Consolidated Acts Northern Territory Consolidated Acts13E. Defence, &c., in relation to direct control offences
(1) It is a defence to a prosecution for an offence against section 13A, 13B, 13C or 13D, where the act alleged to constitute an element of the offence is the commission of an offence by another person, if the defendant establishes that he or she took all reasonable precautions to prevent the other person from committing the offence.
(2) For the purposes of sections 13A, 13B, 13C and 13D, evidence that an assistant, nominated person, short term operator, temporary transferee, licensee or permit holder -
(a) was on a vessel while operations relating to the taking of fish or aquatic life, or in respect of an action that may only be taken under a licence or permit, were being conducted in relation to the licence or permit; or
(b) was using, or was in possession of, at a place, gear or equipment that apparently could not conveniently have been transported to the place without the assistance of the licensee or permit holder or a person acting on behalf of the licensee or permit holder,
is evidence that the assistant, nominated person, short term operator, temporary transferee, licensee or permit holder was at that time conducting operations in relation to the licence or permit.