Australian‑flagged boat fishing in foreign waters
105C Australian‑flagged boat fishing in foreign waters
A person commits an offence if:
the person intentionally uses an Australian‑flagged boat for fishing; and
the boat is in the exclusive economic zone, territorial sea, archipelagic waters (as defined in the United Nations Convention on the Law of the Sea) or internal waters of a foreign country and the person is reckless as to that fact; and
the law of the country requires the person to have an authorisation (however described) given under the law of the country for the fishing 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 has an authorisation (however described) issued under the law of the country for the fishing.
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.
If the person has been convicted or acquitted in the foreign country of an offence involving the fishing, the person cannot be convicted of an offence under this section involving the fishing.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.