FISHERIES MANAGEMENT ACT 1991 - SECT 100A Offence of using foreign boat for fishing in AFZ

FISHERIES MANAGEMENT ACT 1991 - SECT 100A

  (1)   A person commits an offence if:

  (a)   the person intentionally uses a boat; and

  (b)   the boat is a foreign boat and the person is reckless as to that fact; and

  (c)   the use of the boat is for commercial fishing and the person is reckless as to that fact; and

  (d)   the boat is at a place in the AFZ at the time of the use and the person is reckless as to that fact.

  (2)   The offence is punishable on conviction:

  (a)   if the boat involved in the offence has a length of, or exceeding, 24 metres--by a fine of not more than 7,500 penalty units; and

  (b)   if the boat involved in the offence has a length of less than 24 metres--by a fine of not more than 5,000 penalty units.

  (2A)   For the purposes of subsection   (2), the length of a boat is the overall length of the boat determined in accordance with section   10 of the Shipping Registration Act 1981 .

  (3)   The offence is an indictable offence.

  (4)   Subsection   (1) does not apply if:

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

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

Note:   The defendant bears an evidential burden in relation to the matters in subsection   (4). See subsection   13.3(3) of the Criminal Code .