Document ID: chunk:federal_register_of_legislation:C2006A00061:clause:2_49a
Version: federal_register_of_legislation:C2006A00061
Segment Type: clause
Provision Reference: sch 2 cl 49A
Character Range: 13086–15357

49A  Bringing foreign boats into territorial sea within an area of Australian jurisdiction

 (1) A person commits an offence if:
 (a) the person is the master of a boat; and
 (b) the boat is a foreign boat; and
 (c) the boat is a fishing boat; and
 (d) the person causes the boat to be brought into a place; and
 (e) the place is, at the time boat is brought into it, in a part of the territorial sea of Australia that is in an area of Australian jurisdiction.

Penalty: 500 penalty units or 2 years imprisonment, or both.

 (2) The reference to an area of Australian jurisdiction in paragraph (1)(e) does not include a reference to Protected Zone coastal waters of Queensland.

Note: For what are Protected Zone coastal waters of Queensland, see
section 4.

 (3) It is a defence to a prosecution for an offence against subsection (1) if the person charged proves that an unforeseen emergency rendered it necessary to bring the boat into that place in order to secure the safety of human life or of the boat.

Note: The defendant bears a legal burden in relation to the matter in subsection (3). See section 13.4 of the Criminal Code.

 (4) Subsection (1) does not apply if:
 (a) an entry under subsection 21(2) in a licence granted under subsection 19(2) or (3) is in force authorising the boat to be brought into the place; or
 (b) an entry under subsection 21(2) in a Treaty endorsement is in force authorising the boat to be brought into the place; or
 (c) at the time the boat is brought into the place, the boat is being used for traditional fishing.

Note: The defendant bears an evidential burden in relation to the matters in subsection (4). See subsection 13.3(3) of the Criminal Code.

 (5) In this section:

fishing boat means a boat that is designed and equipped for:
 (a) catching or capturing fish; or
 (b) processing fish; or
 (c) carrying fish; or
 (d) 2 or more of the purposes mentioned in paragraphs (a), (b) and (c); or
 (e) supporting the operations of a boat that is, or boats that are, designed and equipped for any one or more of the purposes mentioned in paragraphs (a), (b) and (c).

Note: The heading to section 49 is replaced by the heading "Bringing foreign boats and Papua New Guinea boats into the Australian part of the Protected Zone".