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TORRES STRAIT FISHERIES ACT 1984 - SECT 49 Bringing foreign boats and Papua New Guinea boats into the Australian part of the Protected Zone

TORRES STRAIT FISHERIES ACT 1984 - SECT 49

Bringing foreign boats and Papua New Guinea boats into the Australian part of the Protected Zone

  (1)   The master of a foreign fishing boat, not being a boat that is being used in the course of traditional fishing, who, otherwise than in accordance with an entry made in a licence or in a Treaty endorsement under paragraph   21(2)(a) or (b), causes the boat to be brought into a place in Australia that is within the Protected Zone, commits an offence punishable:

  (a)   on summary conviction--by a fine not exceeding 50 penalty units; and

  (b)   on conviction on indictment--by a fine not exceeding 500 penalty units.

  (2)   It is a defence to a prosecution for an offence against subsection   ( 1) if the person charged proves that an unfor e seen emergency rendered it necessary to bring the boat into that place in order to secure the safety of human life or of the boat.

Note:   The defendant bears a legal burden in relation to the matter in subsection   ( 2). See section   13.4 of the Criminal Code .

  (2A)   An offence under subsection   ( 1) is an offence of strict liability.

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

  (3)   In subsection   ( 1), foreign fishing boat means a foreign boat or a Papua New Guinea boat that is designed and equipped for:

  (a)   catching or capturing fish;

  (b)   processing fish;

  (c)   carrying fish;

  (d)   2 or more of the purposes mentioned in paragraphs   ( a), (b) and (c); or

  (e)   supporting the operations of a boat that is, or boats that are, designed and equipped for any one or more of the purposes mentioned in paragraphs   ( a), (b) and (c).