ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 390SB Offence--declared commercial fishing activities

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 390SB

  (1)   A person commits an offence if:

  (a)   the person takes an action; and

  (b)   the action is taken in a Commonwealth marine area; and

  (c)   the action is a declared commercial fishing activity.

Penalty:   Imprisonment for 7 years or 420 penalty units, or both.

Note 1:   If a body corporate is found to have committed an offence against this section, an executive officer of the body may be found to have committed an offence against section   495.

Note 2:   Subsection   4B(3) of the Crimes Act 1914 lets a court fine a body corporate up to 5 times the maximum amount the court could fine a person under this subsection.

  (2)   Strict liability applies to paragraph   (1)(b).

Note:   For strict liability, see section   6.1 of the Criminal Code .