Document ID: chunk:federal_register_of_legislation:C2024C00644:section:46c
Version: federal_register_of_legislation:C2024C00644
Segment Type: section
Provision Reference: s 46C
Character Range: 154490–156213

46C  Commercial fishing by foreign boat in territorial sea within an area of Australian jurisdiction—processing or carrying fish
 (1) A person commits an offence if:
 (a) the person uses a boat; and
 (b) the boat is a foreign boat; and
 (c) the use of the boat is for processing or carrying fish that are taken with the use of another boat; and
 (d) the fish are processed or carried in the course of commercial fishing; and
 (e) the boat used for processing or carrying fish is at a place that is, at the time of the use, in a part of the territorial sea of Australia that is in an area of Australian jurisdiction.
Penalty:
 (a) if the offender was the master of the boat at the time the offence was committed—2,500 penalty units or 3 years imprisonment, or both; or
 (b) in any other case—500 penalty units or 2 years imprisonment, or both.
 (1A) Strict liability applies to paragraph (1)(e).
Note: For strict liability, see section 6.1 of the Criminal Code.
 (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) Subsection (1) does not apply if:
 (a) a licence under subsection 19(3) is in force authorising the use of the boat for processing or carrying fish (as the case may be) that are taken with the use of another boat; or
 (b) a Treaty endorsement is in force authorising the use of the boat for processing or carrying fish (as the case may be) that are taken with the use of another boat.
Note: The defendant bears an evidential burden in relation to the matters in subsection (3). See subsection 13.3(3) of the Criminal Code.