Document ID: chunk:federal_register_of_legislation:C2024C00644:section:46b
Version: federal_register_of_legislation:C2024C00644
Segment Type: section
Provision Reference: s 46B
Character Range: 153210–154490

46B  Commercial fishing by foreign boat in territorial sea within an area of Australian jurisdiction—unlicensed master
 (1) A person commits an offence if:
 (a) the person is in charge of a boat; and
 (b) the boat is a foreign boat; and
 (c) the boat is a boat that is being used for commercial fishing; and
 (d) the boat 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: 2,500 penalty units or 3 years imprisonment, or both.
 (1A) Strict liability applies to paragraph (1)(d).
Note: For strict liability, see section 6.1 of the Criminal Code.
 (2) The reference to an area of Australian jurisdiction in paragraph (1)(d) 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 master fisherman's licence is in force authorising the person to be in charge of the boat; or
 (b) a Treaty endorsement is in force authorising the use of the boat; or
 (c) the use of the boat is for community fishing.
Note: The defendant bears an evidential burden in relation to the matters in subsection (3). See subsection 13.3(3) of the Criminal Code.