Commonwealth Consolidated Acts

FISHERIES MANAGEMENT ACT 1991 - SECT 100A

             (1)  A person is guilty of 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 .