Using foreign boat for fishing in territorial sea within AFZ
100B Using foreign boat for fishing in territorial sea within AFZ
A person commits an offence if:
the person intentionally uses a boat; and
the boat is a foreign boat and the person is reckless as to that fact; and
the use of the boat is for commercial fishing and the person is reckless as to that fact; and
the boat is at a place that is, at the time of the use, in a part of the territorial sea of Australia that is in the AFZ.
Penalty:
if the boat involved in the offence has a length of, or exceeding, 24 metres—7,500 penalty units or 3 years imprisonment, or both; or
if the boat involved in the offence has a length of less than 24 metres—5,000 penalty units or 2 years imprisonment, or both.
Strict liability applies to paragraph (1)(d).
For strict liability, see section 6.1 of the Criminal Code.
The reference to the AFZ in paragraph (1)(d) does not include a reference to coastal waters taken to be in the AFZ because of section 76.
For the purposes of the penalty at the end of subsection (1), the length of a boat is the overall length of the boat determined in accordance with section 10 of the Shipping Registration Act 1981.
Subsection (1) does not apply if:
a foreign fishing licence is in force authorising the use of the boat at the place; or
the boat is a Treaty boat and a Treaty licence is in force in respect of the boat authorising the use of the boat at the place.
The defendant bears an evidential burden in relation to the matters in subsection (4). See subsection 13.3(3) of the Criminal Code.
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