Document ID: chunk:federal_register_of_legislation:C2024C00598:section:24a:p2
Version: federal_register_of_legislation:C2024C00598
Segment Type: section
Provision Reference: s 24A (pt 2/3)
Character Range: 102130–104681

forming a fishery (as defined in that Act) that is managed under the law of the Commonwealth as a result of an agreement made under section 71 or 72 of that Act before the commencement of this section; and
 (b) the action is taken in the coastal waters (as defined in the Fisheries Management Act 1991) of a State or the Northern Territory; and
 (c) the action results or will result in a significant impact on the environment in those coastal waters.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
 (5A) Strict liability applies to paragraph (5)(b).
Note: For strict liability, see section 6.1 of the Criminal Code.

Fishing with likely impact in State or Territory waters managed by Commonwealth
 (6) A person commits an offence if:
 (a) the person takes an action that:
 (i) is fishing (as defined in the Fisheries Management Act 1991); and
 (ii) is included in the class of activities forming a fishery (as defined in that Act) that is managed under the law of the Commonwealth as a result of an agreement made under section 71 or 72 of that Act before the commencement of this section; and
 (b) the action is taken in the coastal waters (as defined in the Fisheries Management Act 1991) of a State or the Northern Territory; and
 (c) the action is likely to have a significant impact on the environment in those coastal waters.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
 (6A) Strict liability applies to paragraph (6)(b).
Note: For strict liability, see section 6.1 of the Criminal Code.

Penalties
 (7) An offence against subsection (1), (2), (3), (4), (5) or (6) is punishable on conviction by imprisonment for a term not more than 7 years, a fine not more than 420 penalty units, or both.
Note 1: Subsection 4B(3) of the Crimes Act 1914 lets a court fine a body corporate up to 5 times the maximum amount the court could fine a person under this subsection.
Note 2: An executive officer of a body corporate convicted of an offence against this section may also commit an offence against section 495.
Note 3: If a person takes an action on land that contravenes this section, a landholder may commit an offence against section 496C.

Defences—general
 (8) Subsection (1), (2), (3), (4), (5) or (6) does not apply to an action if:
 (a) an approval of the taking of the action by the person is in operation under Part 9 for the purposes of this section; or
 (b) Part 4 lets the person take the action without an approval under Part 9 for the