Western Australian Consolidated Acts

FISH RESOURCES MANAGEMENT ACT 1994 - SECT 202B

202B .         Authorisation holder, liability of for offences by co-holders

        (1)         If an authorisation is held by 2 or more persons and any of those persons commits an offence under this Act while acting or purporting to act as a holder of the authorisation, each of those persons is taken to have committed the offence.

        (2)         If a person is charged with an offence under this Act because of subsection (1), it is a defence to prove that —

            (a)         the act or omission that constituted the offence was done or made without the consent or connivance of the person; and

            (b)         the person took all reasonable measures to prevent the act or omission being done or made.

        (3)         A person may be charged with and convicted of an offence under this Act because of subsection (1) whether or not another person has been charged with or convicted of the offence.

        [Section 202B inserted by No. 43 of 2011 s. 61.]