FISHERIES MANAGEMENT ACT 1991 - SECT 105FA Australian national on foreign boat in foreign waters

FISHERIES MANAGEMENT ACT 1991 - SECT 105FA

  (1)   A person commits an offence if:

  (a)   the person uses a boat for fishing; and

  (b)   the person is an Australian national; and

  (c)   the person contravenes an international fisheries management measure in relation to the fishing; and

  (d)   the boat is in the exclusive economic zone, territorial sea, archipelagic waters (as defined in the United Nations Convention on the Law of the Sea) or internal waters of a foreign country; and

  (e)   the boat is a foreign boat.

Penalty:   500 penalty units.

  (2)   Strict liability applies to paragraphs   (1)(d) and (e).

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

  (3)   Subsection   (1) does not apply if the act that contravenes the international fisheries management measure is fishing that is authorised by an authorisation (however described) issued under the law of the country covered by paragraph   (1)(d).

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (3) (see subsection   13.3(3) of the Criminal Code ).