(1)  A person must not use a foreign boat for fishing in State waters.

Penalty:  Fine not exceeding 5 000 penalty units or imprisonment for a term not exceeding 2 years, or both.

(2)  It is a defence in proceedings for an offence under subsection (1) if the defendant establishes that at the time of the alleged offence an authorisation was in force for the use of the foreign boat in State waters or that the defendant was using the foreign boat for recreational fishing.