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;
(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).