FISH RESOURCES MANAGEMENT ACT 1994 - SECT 202A
FISH RESOURCES MANAGEMENT ACT 1994 - SECT 202A
202A . Person in charge of a fishing tour, liability of
(1) If a person (in
this section referred to as the principal offender ) commits an offence
against this Act while taking part in a fishing tour, the person in charge of
the fishing tour is taken to have committed the same offence.
(2) It is a defence in
proceedings against a person in charge of a fishing tour for an offence
against this Act (by the application of subsection (1)) for that person to
prove that —
(a) he
or she issued proper instructions and took reasonable precautions to ensure
compliance with this Act; and
(b) the
offence was committed by the principal offender without the knowledge of the
person in charge of the fishing tour; and
(c) he
or she could not by the exercise of reasonable diligence have prevented the
commission of the offence.
(3) A person in charge
of a fishing tour may be proceeded against and convicted of an offence against
this Act by virtue of subsection (1) whether or not the principal offender has
been proceeded against and convicted of the offence.
(4) In this section
—
fishing tour means a fishing tour provided by a
person who holds a licence under section 257(1)(g);
person in charge of a fishing tour means the
individual in charge of the day to day operation of the tour, who is not
necessarily the person who holds the relevant licence under section 257(1)(g).
[Section 202A inserted: No. 41 of 2000 s. 8;
amended: No. 37 of 2009 s. 17.]