Liability of person in charge for offences by others
17H Liability of person in charge for offences by others
(1) A person in charge of fishing operations under a licence or permit commits an offence if:
(a) during the conduct of fishing operations under the licence or permit, a person (the primary offender) commits an offence against this Act (relevant offence) and the person in charge is reckless in relation to that circumstance; and
(b) the person in charge failed to take reasonable steps to prevent the commission of the relevant offence.
Maximum penalty: The maximum penalty that may be imposed on an individual for the relevant offence.
Strict liability applies to subsection (1)(b).
(3) This section does not affect the liability of the primary offender for the relevant offence.
(4) This section applies whether or not the primary offender is prosecuted for, or found guilty of, the relevant offence.
(5) This section does not apply if the primary offender would have a defence to a prosecution for the relevant offence.
(6) A person is not liable to imprisonment if found guilty of an offence because of subsection (1) if the person would not have been found guilty of the offence if subsection (1) had not been enacted.
(7) In determining whether a person in charge failed to take reasonable steps as mentioned in subsection (1)(b), regard must be had to any matters set out in the Ministerial Guidelines.
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