FISHERIES ACT 1994 - SECT 219
Holder of authority responsible for ensuring Act complied with
FISHERIES ACT 1994 - SECT 219
Holder of authority responsible for ensuring Act complied with
219 Holder of authority responsible for ensuring Act complied with
(1) The holder of an authority must ensure that everyone acting under the
authority complies with this Act.
(2) If another person acting under the
authority commits an offence against a provision of this Act, the holder of
the authority also commits an offence, namely, the offence of failing to
ensure the other person complied with the provision.
Penalty—
Maximum
penalty—the penalty prescribed for contravention of the provision.
(3)
Evidence that the other person has been convicted of an offence against the
provision while acting under the authority is evidence that the holder of the
authority committed the offence of failing to ensure the other person complied
with the provision.
(4) However, it is a defence for the holder of the
authority to prove—
(a) the holder issued appropriate instructions and used
all reasonable precautions to ensure compliance with this Act; and
(b) the
offence was committed without the holder’s knowledge; and
(c) the holder
could not by the exercise of reasonable diligence have stopped the commission
of the offence.