FISHERIES MANAGEMENT ACT 1991 - SECT 100B Using foreign boat for fishing in territorial sea within AFZ

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 .