Commonwealth Consolidated Acts

FISHERIES MANAGEMENT ACT 1991 - SECT 101

             (1)  A person must not, at a place in the AFZ, have in his or her possession or in his or her charge a foreign boat equipped for fishing unless:

                     (a)  the use, or presence, of the boat at that place is authorised by a foreign fishing licence, or a port permit; or

                     (b)  a Treaty licence is in force in respect of the boat; or

                     (c)  the boat's fishing equipment is stowed and the boat is at that location in accordance with the approval of AFMA given under, and in accordance with, the regulations; or

                     (d)  the boat's fishing equipment is stowed and the boat was travelling through the AFZ from a point outside the AFZ to another point outside the AFZ by the shortest practicable route; or

                     (e)  the use of the boat for scientific research purposes in that area is authorised under a scientific permit.

          (1A)  For the purposes of paragraphs (1)(c) and (d), a boat's fishing equipment is not stowed unless all of the boat's:

                     (a)  nets, traps and other fishing equipment; and

                     (b)  associated equipment, including buoys and beacons;

are disengaged and secured, and where practicable stored inside the boat, in such a manner as not to be readily available for fishing.

             (2)  A person who contravenes subsection (1) is guilty of 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.