Northern Territory Consolidated Acts

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TERRITORY PARKS AND WILDLIFE CONSERVATION ACT - SECT 115B

Liability of permit holders and nominees for actions of others under permit

    (1)     Where:

        (a)     a nominee under a permit; or

        (b)     a person employed or otherwise engaged by the holder of a permit or a nominee under a permit to carry out activities under the permit,

commits an offence against this Act while carrying out or purportedly carrying out activities under the permit, the holder of the permit is to be taken to have committed the same offence.

    (2)     It is a defence to a prosecution for an offence committed by virtue of subsection (1):

        (a)     that the nominee or the person referred to in subsection (1)(b) would not have been found guilty of the offence because the nominee or person would have been able to establish a defence;

        (b)     that the defendant did not know, and could not reasonably have been expected to know, that the offence was to be or was being committed; or

        (c)     that the defendant exercised due diligence to prevent the commission of the offence.

    (3)     Where a person employed or otherwise engaged by a nominee under a permit to carry out activities under the permit commits an offence against this Act while carrying out or purportedly carrying out activities under the permit, the nominee is to be taken to have committed the same offence.

    (4)     It is a defence to a prosecution for an offence committed by virtue of subsection (3):

        (a)     that the person referred to in subsection (3) would not have been found guilty of the offence because the person would have been able to establish a defence;

        (b)     that the defendant did not know, and could not reasonably have been expected to know, that the offence was to be or was being committed; or

        (c)     that the defendant exercised due diligence to prevent the commission of the offence.

    (5)     A person may be prosecuted and found guilty of an offence by virtue of subsection (1) or (3) whether or not the nominee or the person referred to in subsection (1)(b) or (3) has been prosecuted for or found guilty of the offence.

    (6)     A person is not liable to imprisonment if found guilty of an offence by virtue of subsection (1) or (3) if the person would not have been found guilty of the offence if subsection (1) or (3) had not been enacted.



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