Document ID: chunk:federal_register_of_legislation:C2024C00644:section:46d
Version: federal_register_of_legislation:C2024C00644
Segment Type: section
Provision Reference: s 46D
Character Range: 156213–157716

46D  Commercial fishing by foreign boat in territorial sea within an area of Australian jurisdiction—trans‑shipping fish
 (1) A person commits an offence if:
 (a) the person uses a boat; and
 (b) the boat is a foreign boat; and
 (c) the use of the boat is for trans‑shipping fish to another boat; and
 (d) the boat used for trans‑shipping fish is at a place that is, at the time of the use, in a part of the territorial sea of Australia that is in an area of Australian jurisdiction.
Penalty:
 (a) if the offender was the master of the boat at the time the offence was committed—2,500 penalty units or 3 years imprisonment, or both; or
 (b) in any other case—500 penalty units or 2 years imprisonment, or both.
 (1A) Strict liability applies to paragraph (1)(d).
Note: For strict liability, see section 6.1 of the Criminal Code.
 (2) The reference to an area of Australian jurisdiction in paragraph (1)(d) does not include a reference to Protected Zone coastal waters of Queensland.
Note: For what are Protected Zone coastal waters of Queensland, see section 4.
 (3) Subsection (1) does not apply if:
 (a) a licence under subsection 19(3) is in force authorising the use of the other boat; or
 (b) a Treaty endorsement is in force authorising the use of the other boat for carrying, or for processing or carrying, fish that are taken with the use of another boat.
Note: The defendant bears an evidential burden in relation to the matters in subsection (3). See subsection 13.3(3) of the Criminal Code.