Great Barrier Reef Marine Park Act 1975

A person commits an offence if:

the person operates a vessel; and

the person does so in a zone; and

the vessel is a primary commercial fishing vessel; and

the vessel is an Australian vessel; and

the vessel is authorised, under a law of the Commonwealth or of a State (including by a licence granted under such a law), to fish using a particular fishing method or particular fishing apparatus; and

under the zoning plan for the zone, fishing using that method or apparatus:

is prohibited; or

requires permission; and

Prohibited is defined in subsection 3(1).

if it requires permission—the person is not authorised to fish using that method or apparatus by:

a permission granted under the regulations for the purposes of the zoning plan; or

an authority given in accordance with a condition of a permission referred to in subparagraph (i).

Strict liability applies to paragraphs (1)(b), (c), (f) and (g).

For strict liability, see section 6.1 of the Criminal Code.

Absolute liability applies to paragraphs (1)(d) and (e).

For absolute liability, see section 6.2 of the Criminal Code.

Subsection (1) does not apply if:

the vessel is transiting through the zone; or

the vessel is anchored in the zone; or

the vessel is transiting to a place where the vessel is to anchor or transiting from a place where the vessel has been anchored.

The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code.

For the purposes of subsection (4), a vessel is only transiting if:

the vessel is taking the most direct practicable route:

through the zone to a destination outside the zone; or

to or from a place of anchor; and

the vessel is maintaining a speed of at least 5 knots.

Subsection (1) does not apply if:

the operation of the vessel in the zone:

is reasonably necessary to deal with an emergency involving a serious threat to human life or property; or

is a result of an unavoidable accident, other than an accident caused by reckless or negligent behaviour; and

the Authority is notified of the operation, and the emergency or accident, no more than 48 hours after the vessel was first operated in the zone.

The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code.