Commonwealth Consolidated Acts

FISHERIES MANAGEMENT ACT 1991 - SECT 100B

             (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 that is, at the time of the use, in a part of the territorial sea of Australia that is in the AFZ.

Penalty:

                     (a)  if the boat involved in the offence has a length of, or exceeding, 24 metres--7,500 penalty units or 3 years imprisonment, or both; or

                     (b)  if the boat involved in the offence has a length of less than 24 metres--5,000 penalty units or 2 years imprisonment, or both.

          (1A)  Strict liability applies to paragraph (1)(d).

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

             (2)  The reference to the AFZ in paragraph (1)(d) does not include a reference to coastal waters taken to be in the AFZ because of section 76.

             (3)  For the purposes of the penalty at the end of subsection (1), the length of a boat is the overall length of the boat determined in accordance with section 10 of the Shipping Registration Act 1981 .

             (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 .