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Provisions in relation to offences under sections 140 and 141.
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142.—(1) Where an offence under section 140 or 141 has been committed in relation to any fishery, then if—
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(a) such offence was committed by a person in the employment or under the control of the owner or occupier of such fishery, or
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(b) such offence was committed by a person (other than such owner or occupier or a person in the employment or under the control of such owner or occupier) and was facilitated by the failure of such owner or occupier to take reasonable precautions against the commission of such offence,
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such owner or occupier shall also be deemed to be guilty of such offence and shall be liable to be proceeded against and punished accordingly.
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(2) Where—
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(a) an offence under section 140 or 141 has been committed in relation to any fishery by a person in the employment or under the control of the owner or occupier of such fishery, and
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(b) such owner or occupier is, by virtue of subsection (1) of this section, charged with such offence,
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it shall be a good defence for such owner or occupier to prove—
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(i) that he used due diligence to prevent such commission, and that the offence was committed without his consent, connivance or wilful default, and
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(ii) 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 committed the offence.
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