FISH RESOURCES MANAGEMENT ACT 1994 - SECT 175

FISH RESOURCES MANAGEMENT ACT 1994 - SECT 175

175 .         Foreign boat equipped with fishing gear, possession of is offence

        (1)         A person must not, in WA waters, have in the person’s possession or in the person’s charge a foreign boat equipped with fishing gear.

        Penalty: In the case of an individual, $150 000 and imprisonment for 4 years or, in the case of a body corporate, $300 000.

        (2)         It is a defence in proceedings for an offence against subsection (1) for the person charged to prove that, at the time of the alleged offence —

            (a)         there was in force an authorisation authorising the use of the boat for fishing in the area where the offence is alleged to have been committed; or

            (b)         the boat’s fishing gear was stored and secured and the boat was travelling by the shortest practicable route —

                  (i)         to or from a port in the State; or

                  (ii)         from a point outside WA waters to another point outside those waters.

        [Section 175 amended: No. 28 of 2007 s. 5.]