Document ID: chunk:federal_register_of_legislation:C2025C00131:section:38hd
Version: federal_register_of_legislation:C2025C00131
Segment Type: section
Provision Reference: s 38HD
Character Range: 127212–128040

38HD  Conduct in the exclusive economic zone: Division 6 offences
 (1) This section applies in relation to an offence (a vicarious liability offence) committed by a person against a provision of Division 6 of this Part if:
 (a) the conduct constituting the offence (the underlying offence) to which the vicarious liability offence relates occurs in the exclusive economic zone of Australia; and
 (b) the person is not an Australian citizen, an Australian resident or a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; and
 (c) the penalty set out at the foot of the provision for an offence against the provision includes imprisonment.
 (2) Despite the penalty set out at the foot of the provision, the penalty for the offence committed by the person does not include imprisonment.