Commonwealth Consolidated Acts

FISHERIES MANAGEMENT ACT 1991 - SECT 105B

             (1)  A person is guilty of 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.