Victorian Consolidated Legislation

Fisheries Act 1995 - SECT 11B

Extraterritorial operation of Act

11B. Extraterritorial operation of Act



(1) If-

   (a)  a person does, or omits to do, an act or thing outside, or partly
        outside, Victoria, which would contravene a provision of this Act; and

   (b)  there is a real and substantial link between doing, or omitting to do,
        the act or thing and Victoria-

that provision applies to the act or thing or the omission as if it had been
done, or omitted to be done, wholly within Victoria.

(2) Without limiting the generality of subsection (1), there is a real and
substantial link with Victoria for the purposes of that subsection if-



   (a)  the conduct relates to a thing or act done or omitted to be done by
        the person when carrying out fishing activities under a fishery
        licence held, or purported to be held, by that person; or

   (b)  the conduct relates to the taking of fish from Victorian waters by the
        person.

(3) In this section a reference to a contravention of a provision of this Act
is to be read as including a reference to the commission of an associated
offence.

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