Fisheries (Consolidation) Act, 1959

Chapter IV.

Ancillary Provisions Relating to Chapters II and III of Part XIII.

Liability of master of boat for offences under Chapter II of Part XIII.

232.—Where any offence under any section contained in Chapter II of this Part has been committed by any person on board a sea-fishing boat, the following provisions shall have effect:—

(a) the master of such boat shall, if not the actual offender, but without prejudice to the liability of such offender, be deemed to be guilty of such offence and may be proceeded against accordingly;

(b) where the master of a boat is so charged with having committed such offence it shall be a good defence for him to prove—

(i) that he used due diligence to prevent the commission of the acts alleged to constitute the offence, and

(ii) that the acts alleged to constitute such offence were not done by him personally, and

(iii) that the said acts were done without his consent, connivance or wilful default, and

(iv) that on being charged with the offence he gave to the person charging him all information in his power with respect to the person who did the said acts.