Document ID: chunk:federal_register_of_legislation:C2006A00061:clause:1_101aa
Version: federal_register_of_legislation:C2006A00061
Segment Type: clause
Provision Reference: sch 1 cl 101AA
Character Range: 3991–5683

101AA  Having foreign boat equipped for fishing in territorial sea within AFZ

 (1) A person commits an offence if:
 (a) the person intentionally has in his or her possession or charge a boat; and
 (b) the boat is a foreign boat and the person is reckless as to that fact; and
 (c) the boat is equipped with nets, traps or other equipment for fishing and the person is reckless as to that fact; and
 (d) the boat is at a place that is in a part of the territorial sea of Australia that is in the AFZ, and the person is reckless as to that fact.

Penalty: 5,000 penalty units or 2 years imprisonment, or both.

 (2) Subsection (1) does not apply if:
 (a) the use or presence of the boat at the place is authorised by a foreign fishing licence or port permit; or
 (b) a Treaty licence is in force in respect of the boat; or
 (c) the boat's nets, traps and other equipment for fishing are stored and secured and the boat is at the place in accordance with the approval of AFMA given under, and in accordance with, the regulations made for the purposes of paragraph 101(1)(c); or
 (d) the boat's nets, traps and other equipment for fishing are stored and secured and the boat is travelling through the AFZ from a point outside the AFZ to another point outside the AFZ by the shortest practicable route; or
 (e) the use of the boat for scientific research purposes in the place is authorised under a scientific permit.

Note: The defendant bears an evidential burden in relation to the matters in subsection (2). See subsection 13.3(3) of the Criminal Code.

 (3) A reference to the AFZ in this section does not include a reference to coastal waters taken to be in the AFZ because of section 76.