78AOther persons may be subjected to same conditions as commercial fisher with catch in excess

1. Where a fishing permit of a person (person A) is treated as being subject to a condition under section 78(2), the chief executive may impose the same condition on any fishing permit held by or subsequently issued to another person (person B) if the chief executive believes, on reasonable grounds specified on oath in writing, that—

2. person B is, in respect of commercial fishing, in substance person A; or
3. person B has, in substance, control of the commercial fishing of person A that led to the condition being imposed under section 78(2); or
4. person B is allowing person A to conduct commercial fishing under person B's permit for the purpose of assisting person A to fish despite the condition treated as being contained in person A's permit.

5. Without limiting subsection (1), in forming the belief referred to in that subsection, the chief executive may have regard to the following matters:

6. shareholdings in, debentures over, or directorships of, any company that has an interest (whether direct or indirect) in person B or person A:
7. any trust that has a relationship to person B or person A:
8. family, domestic, and business relationships between—
   1. person B and person A; and
   2. persons having an interest in person B or person A or in companies or trusts of the kind referred to in paragraph (a) or paragraph (b):
9. whether person B is accustomed to following the instructions of person A:
10. whether person B is accustomed to acting in a manner consistent with advancing the interests of person A.

11. Whether any of paragraphs (a), (b), and (c) of subsection (1) apply may be determined without regard to the form of the persons or entities comprising persons A and B.

12. The chief executive must—

13. give notice to person B of the condition imposed under subsection (1) and a copy of the grounds for imposing the condition as given on oath; and
14. record on the Permit Register details of the imposition of the condition.

15. Any condition imposed under subsection (1) takes effect from the date of notification.

16. Subsections (6), (7), (8), and (10) of section 78 apply to person B and person B's fishing permit as if the condition had been imposed on person B under subsection (2) of that section (and conditions imposed on person B under this section or section 78(6)(b) are not affected by decisions under section 78(6) in relation to person A).

17. Any conditions imposed on person B under this section or section 78(6) cease to apply—

18. when the commercial fisher referred to in section 78(1) complies with section 78(9)(a); or
19. at the close of the relevant fishing year,—
whichever happens first.

20. If—

21. a person (person B) is, in respect of commercial fishing, in substance the same person as a person (person A) who has had a condition imposed on their fishing permit by section 78(2); and
22. person B, knowing that the condition exists, conducts commercial fishing that would be a breach of the condition imposed on person A's fishing permit,—
then each of person A and person B commits an offence and is liable to the penalty set out in section 252(3).

23. If a person (person B) knowingly allows another person (person A) to conduct commercial fishing under person B's permit for the purpose of assisting person A to fish despite the condition treated by section 78(2) as being contained in person A's permit, and person A does so, then each of person A and person B commits an offence and is liable to the penalty set out in section 252(3).