Document ID: chunk:federal_register_of_legislation:C2008A00036:clause:3_105f
Version: federal_register_of_legislation:C2008A00036
Segment Type: clause
Provision Reference: sch 3 cl 105F
Character Range: 89988–91063

105F  Australian national on foreign boat in foreign waters—strict liability

 (1) A person commits an offence if:
 (a) the person uses a boat for fishing; and
 (b) the person is an Australian national; and
 (c) the person contravenes an international fisheries management measure in relation to the fishing; and
 (d) the boat is in the exclusive economic zone, territorial sea, archipelagic waters (as defined in the United Nations Convention on the Law of the Sea) or internal waters of a foreign country; and
 (e) the boat is a foreign boat.

Penalty: 60 penalty units.

 (2) Strict liability applies to subsection (1).

Note: For strict liability, see section 6.1 of the Criminal Code.

 (3) Subsection (1) does not apply if the act that contravenes the international fisheries management measure is fishing that is authorised by an authorisation (however described) issued under the law of the country covered by paragraph (1)(d).

Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).