Article 73(3) of the United Nations Convention on the Law of the Sea, which prohibits imprisonment penalties for fisheries violations in the exclusive economic zone, has not been incorporated into Australian municipal law by s 10A of the Seas and Submerged Lands Act 1973 (Cth). Default imprisonment orders under State sentencing legislation for non-payment of fines imposed for fisheries offences in the Australian Fishing Zone are not 'penalties including imprisonment' within the meaning of Article 73(3) and are therefore lawful. Fines reflecting the gravity of the offence must be imposed even where the offender has no capacity to pay and will inevitably serve a default term.
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