LIVING MARINE RESOURCES MANAGEMENT ACT 1995 - SECT 214 Liability of supervisors
LIVING MARINE RESOURCES MANAGEMENT ACT 1995 - SECT 214
Liability of supervisors
(1) If a person commits an offence under this Act in relation to any activity supervised under section 89 , the supervisor (a) is taken to have committed that offence; and(b) may be proceeded against for that offence whether or not the person is proceeded against for that offence.(2) It is a defence in proceedings for an offence under subsection (1) if the defendant establishes that he or she (a) did not know the offence had been committed; and(b) could not reasonably have prevented the commission of the offence; and(c) had, before the offence occurred, taken reasonable steps to have the person comply with this Act; and(d) took reasonable steps to minimise the impact of the offence on fish and the marine environment.