FISHERIES MANAGEMENT ACT 1991 - SECT 105B Australian - flagged boat on high seas equipped for fishing

FISHERIES MANAGEMENT ACT 1991 - SECT 105B

  (1)   A person commits an offence if:

  (a)   a person intentionally has in his or her possession or charge an Australian - flagged boat; and

  (b)   the boat is equipped with nets, traps or other equipment for fishing and the person is reckless as to that fact; and

  (c)   the boat is at a place on the high seas and the person is reckless as to that fact.

  (2)   The offence is punishable on conviction by a fine not more than 500 penalty units.

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

  (a)   the person holds a fishing concession or scientific permit authorising the boat to be at that location equipped with nets, traps or other equipment for fishing; or

  (b)   the person is acting on behalf of the holder of such a concession or permit; or

  (c)   the boat is engaged solely in the ordinary course of trade of carrying cargo between:

  (i)   Australia and a foreign country; or

  (ii)   Australia and an external Territory; or

  (iii)   an external Territory and a foreign country; or

  (iv)   2 external Territories; or

  (d)   the person has a reasonable excuse.

Note:   Even if subsection   (1) does not apply because the person holds, or acts for the holder of, a fishing concession or scientific permit, the person will commit an offence under section   95 if the person contravenes a condition of the concession or permit.

  (4)   The only burden of proof that a defendant bears in respect of subsection   (3) is the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter in question existed.