Commonwealth Consolidated Acts

GREAT BARRIER REEF MARINE PARK ACT 1975 - SECT 38CB

             (1)  A person is guilty of an offence if:

                     (a)  under a zoning plan, a zone may be used or entered for the purpose of fishing only with the permission of:

                              (i)  the responsible agency within the meaning of the plan; or

                             (ii)  the Authority; and

                     (b)  the person intentionally or negligently uses or enters that zone for the purpose of such fishing; and

                     (c)  the use or entry is not authorised by a permission granted or transferred to the person under the regulations, being a permission of a kind declared by the regulations to be a permission to which this section applies; and

                     (d)  the use or entry is not authorised by an authority given to the person in accordance with a condition to which such a permission is subject.

Penalty:  2,000 penalty units.

             (2)  Strict liability applies to paragraph (1)(a).

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

             (3)  In this section:

"fishing" has the same meaning as in section 38CA.