Western Australian Consolidated Acts Western Australian Consolidated Acts (1) If a person (in
this section referred to as the principal offender ) commits an offence
against this Act, the master of a boat on which, or by the use of which, the
offence was committed is taken to have committed the same offence.
(2) It is a defence in
proceedings against the master of a boat for an offence against this
Act (by the application of subsection (1)) for the master to prove
that —
(a) the
master 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 master’s
knowledge; and
(c) the
master could not by the exercise of reasonable diligence have prevented the
commission of the offence.
(3) A master 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.