Document ID: chunk:federal_register_of_legislation:C2024C00644:section:45:p1
Version: federal_register_of_legislation:C2024C00644
Segment Type: section
Provision Reference: s 45 (pt 1/4)
Character Range: 141401–143953

45  Offences relating to commercial fishing
 (1) A person shall not:
 (a) engage in commercial fishing (other than community fishing) on a boat in an area of Australian jurisdiction unless there is in force in respect of the boat a licence under subsection 19(2) or a Treaty endorsement; or
 (aa) engage in commercial fishing (other than community fishing) without the use of a boat in an area of Australian jurisdiction unless the person does so under a licence in force under subsection 19(4A); or
 (b) being a traditional inhabitant, engage in activities by way of community fishing on a boat in an area of Australian jurisdiction, being activities in respect of which there is in force a declaration under subsection 17(1), unless there is in force in respect of the boat a licence under subsection 19(2); or
 (ba) being a traditional inhabitant, engage in activities by way of community fishing without the use of a boat in an area of Australian jurisdiction, being activities in respect of which there is in force a declaration under subsection 17(1A), unless the person does so under a licence in force under subsection 19(4A); or
 (c) be in charge of a boat (other than a boat in respect of which a Treaty endorsement is in force) that is being used for commercial fishing (other than community fishing) in an area of Australian jurisdiction unless the person is the holder of a master fisherman's licence that is in force; or
 (ca) be in charge of a boat (other than a boat in respect of which a Treaty endorsement is in force) that is being used for community fishing:
 (i) in an area of Australian jurisdiction; and
 (ii) in respect of which there is in force a declaration under subsection 17(1AA);
  unless the person is the holder of a master fisherman's licence that is in force; or
 (d) being the holder of a licence in force under section 19, in an area of Australian jurisdiction contravene or fail to comply with a condition of the licence; or
 (e) being the holder of a licence (other than a master fisherman's licence) in force under section 19, cause or permit a person acting on his or her behalf in an area of Australian jurisdiction to contravene or fail to comply with a condition of the licence; or
 (f) being a person acting on behalf of the holder of a licence (other than a master fisherman's licence) in force under section 19, in an area of Australian jurisdiction contravene or fail to comply with a condition of the licence; or
 (g) being the holder of a Treaty endorsement in force in respect of a boat, in an area of