s. 45D 45C Proceedings and enforcement under this Division S. 45C inserted by Divisions 1 and 3 of Part 7 and section 130 of the No. 40/2002 Fisheries Act 1995 apply to an offence under this s. 16, amended by Division as if the offence were an offence under No. 35/2010 the Fisheries Act 1995. s. 8. 45D Liability for offences S. 45D (Heading) substituted by (1) If an employee of a licence holder engages in No. 57/2006 conduct on behalf of the licence holder within the s. 6(1). scope of the employee's actual or apparent S. 45D inserted by authority, the licence holder is deemed, for the No. 40/2002 purposes of a prosecution for an offence against s. 16. this Division, also to have engaged in the conduct, unless the licence holder establishes that the licence holder took reasonable precautions and exercised due diligence to avoid the conduct. (2) If a person in charge of a boat is party to a contract or arrangement with a licence holder and the person in charge of the boat engages in conduct on behalf of the licence holder within the scope of the person's actual or apparent authority under the contract or arrangement, the licence holder is deemed, for the purposes of a prosecution for an offence against this Division, also to have engaged in the conduct, unless the licence holder establishes that the licence holder took reasonable precautions and exercised due diligence to avoid the conduct. (2A) If an offence against this Division is committed S. 45D(2A) inserted by from or in connection with a boat, the person in No. 57/2006 charge of the boat at the time that the offence is s. 6(2). committed is also guilty of such an offence. (2B) Subsection (2A) does not apply in circumstances S. 45D(2B) inserted by in which subsection (1) or (2) applies. No. 57/2006 s. 6(2).
S. 45C inserted by No. 40/2002 s. 16, amended by No. 35/2010 s. 8. 45C Proceedings and enforcement under this Division Divisions 1 and 3 of Part 7 and section 130 of the Fisheries Act 1995 apply to an offence under this Division as if the offence were an offence under the Fisheries Act 1995. S. 45D (Heading) substituted by No. 57/2006 s. 6(1). S. 45D inserted by No. 40/2002 s. 16. 45D Liability for offences (1) If an employee of a licence holder engages in conduct on behalf of the licence holder within the scope of the employee's actual or apparent authority, the licence holder is deemed, for the purposes of a prosecution for an offence against this Division, also to have engaged in the conduct, unless the licence holder establishes that the licence holder took reasonable precautions and exercised due diligence to avoid the conduct. (2) If a person in charge of a boat is party to a contract or arrangement with a licence holder and the person in charge of the boat engages in conduct on behalf of the licence holder within the scope of the person's actual or apparent authority under the contract or arrangement, the licence holder is deemed, for the purposes of a prosecution for an offence against this Division, also to have engaged in the conduct, unless the licence holder establishes that the licence holder took reasonable precautions and exercised due diligence to avoid the conduct. S. 45D(2A) inserted by No. 57/2006 s. 6(2). (2A) If an offence against this Division is committed from or in connection with a boat, the person in charge of the boat at the time that the offence is committed is also guilty of such an offence. S. 45D(2B) inserted by No. 57/2006 s. 6(2). (2B) Subsection (2A) does not apply in circumstances in which subsection (1) or (2) applies. s. 45D
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