Fisheries Management Act 1991

A person commits an offence if:

a person intentionally has in his or her possession or charge an Australian‑flagged boat; and

the boat is equipped with nets, traps or other equipment for fishing and the person is reckless as to that fact; and

the boat is at a place on the high seas and the person is reckless as to that fact.

The offence is punishable on conviction by a fine not more than 500 penalty units.

Subsection (1) does not apply if:

the person holds a fishing concession or scientific permit authorising the boat to be at that location equipped with nets, traps or other equipment for fishing; or

the person is acting on behalf of the holder of such a concession or permit; or

the boat is engaged solely in the ordinary course of trade of carrying cargo between:

Australia and a foreign country; or

Australia and an external Territory; or

an external Territory and a foreign country; or

2 external Territories; or

the person has a reasonable excuse.

Even if subsection (1) does not apply because the person holds, or acts for the holder of, a fishing concession or scientific permit, the person will commit an offence under section 95 if the person contravenes a condition of the concession or permit.

The only burden of proof that a defendant bears in respect of subsection (3) is the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter in question existed.