Western Australian Numbered Acts Western Australian Numbered Acts After section 202 the
following section is inserted —
“
202A. Liability of person in charge of a
fishing tour
(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;
(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
natural person 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).
”.