(2C) It is a defence in any proceedings for an offence S. 45D(2C) against subsection (2A) if the person in charge of inserted by No. 57/2006 the boat establishes— s. 6(2). (a) that he or she did everything that was reasonably practicable to ensure that the offence would not be committed; and (b) that he or she did not in any way aid, abet, counsel or procure the commission of the offence. (3) In this section, means a person who licence holder is the holder of a fishery licence within the meaning of paragraph (a), (c), (e) or (f) of the definition of in section 4(1) of the fishery licence Fisheries Act 1995. S. 45E 45E Time for bringing proceedings inserted by No. 40/2002 Despite anything to the contrary in any Act, s. 16, proceedings for an offence against sections amended by No. 57/2006 45A(1), 45A(4), 45A(5) or 45A(6A) may be s. 7. commenced within the period of 3 years after the date on which the offence is alleged to have been committed. Pt 5 Div. 3 Division 3—Provisions relating to proceedings and other (Heading) matters inserted by No. 40/2002 s. 16. No. 8083 s. 19. 46 Proceedings S. 46 (1) Proceedings for an offence against this Act or the amended by No. 57/1995 regulations may only be brought by the Secretary. s. 14, substituted by (2) An authorised officer may appear on behalf of the No. 70/1998 Secretary in proceedings for an offence against s. 9. this Act or the regulations. S. 47 47 Evidence amended by Nos 10073 s. 11, 7/1997 s. 12(1).
S. 45D(2C) inserted by No. 57/2006 s. 6(2). (2C) It is a defence in any proceedings for an offence against subsection (2A) if the person in charge of the boat establishes— (a) that he or she did everything that was reasonably practicable to ensure that the offence would not be committed; and (b) that he or she did not in any way aid, abet, counsel or procure the commission of the offence. (3) In this section, licence holder means a person who is the holder of a fishery licence within the meaning of paragraph (a), (c), (e) or (f) of the definition of fishery licence in section 4(1) of the Fisheries Act 1995. S. 45E inserted by No. 40/2002 s. 16, amended by No. 57/2006 s. 7. 45E Time for bringing proceedings Despite anything to the contrary in any Act, proceedings for an offence against sections 45A(1), 45A(4), 45A(5) or 45A(6A) may be commenced within the period of 3 years after the date on which the offence is alleged to have been committed. Pt 5 Div. 3 (Heading) inserted by No. 40/2002 s. 16. Division 3—Provisions relating to proceedings and other matters No. 8083 s. 19. S. 46 amended by No. 57/1995 s. 14, substituted by No. 70/1998 s. 9. 46 Proceedings (1) Proceedings for an offence against this Act or the regulations may only be brought by the Secretary. (2) An authorised officer may appear on behalf of the Secretary in proceedings for an offence against this Act or the regulations. S. 47 amended by Nos 10073 s. 11, 7/1997 s. 12(1). 47 Evidence
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