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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.]