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FISHERIES MANAGEMENT ACT 1991 - SECT 100 Using foreign boat for fishing in AFZ--strict liability offence

FISHERIES MANAGEMENT ACT 1991 - SECT 100

Using foreign boat for fishing in AFZ--strict liability offence

  (1)   A person must not, at a place in the AFZ, use a foreign boat for commercial fishing unless:

  (a)   there is in force a foreign fishing licence authorising the use of the boat at that place; or

  (b)   if the boat is a Treaty boat--a Treaty licence is in force in respect of the boat authorising the use of the boat at that place.

  (2)   A person who contravenes subsection   (1) commits an offence punishable on conviction by a fine not exceeding 2,500 penalty units.

  (2A)   Strict liability applies to subsection   (2).

  (3)   An offence against this section is an indictable offence but may be heard and determined, with the consent of the prosecutor and the defendant, by a court of summary jurisdiction.

  (4)   If an offence is dealt with by a court of summary jurisdiction, the penalty that the court may impose is a fine not exceeding 250 penalty units.