Document ID: chunk:federal_register_of_legislation:C2008C00459:clause:1_354a:p4
Version: federal_register_of_legislation:C2008C00459
Segment Type: clause
Provision Reference: sch 1 cl 354A (pt 4/4)
Character Range: 400144–400967

court must not impose a sentence of imprisonment on a person for an offence under subsection (1) or (5) if:
 (a) fishing (as defined in the Fisheries Management Act 1991) constituted a physical element of the offence; and
 (b) the fishing was done:
 (i) in the exclusive economic zone; and
 (ii) otherwise than from an Australian vessel (or a vessel declared to be an Australian boat under subsection 4(2) of the Fisheries Management Act 1991); and
 (c) at the time of the fishing, the person was not an Australian citizen or a person who held a permanent visa under the Migration Act 1958 and was domiciled in Australia or an external territory.

Section has effect despite other laws

 (18) Except as provided in this section, this section has effect despite any other law of the Commonwealth or of a State or Territory.