Document ID: chunk:federal_register_of_legislation:C2008A00125:clause:6_38hc
Version: federal_register_of_legislation:C2008A00125
Segment Type: clause
Provision Reference: sch 6 cl 38HC
Character Range: 209390–210410

38HC  Conduct in the exclusive economic zone: offences other than Division 6 offences

 (1) This section applies in relation to an offence committed by a person against a provision of this Part (other than a provision of Division 6) if:
 (a) the conduct constituting the offence occurs in the exclusive economic zone of Australia; and
 (b) none of the following apply:
 (i) the person is 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;
 (ii) an Australian vessel is used in committing the offence;
 (iii) an Australian aircraft is used in committing the offence;
 (iv) a platform located in the Great Barrier Reef Region is used in committing the offence; 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.