Document ID: chunk:federal_register_of_legislation:C2024C00644:section:44:p1
Version: federal_register_of_legislation:C2024C00644
Segment Type: section
Provision Reference: s 44 (pt 1/4)
Character Range: 134418–137025

44  Contravention of instruments under section 16
 (1) A person shall not:
 (a) do an act in an area of Australian jurisdiction that the person is prohibited from doing by an instrument in force under section 16;
 (b) have in his or her possession, or under his or her control, fish of a kind the taking of which by the person is prohibited by an instrument in force under section 16; or
 (c) search for fish in an area of Australian jurisdiction with the intention of engaging in commercial fishing, being fish the taking of which by the person from that area is prohibited by an instrument in force under section 16.
 (2) A person who contravenes subsection (1) in circumstances in which he or she does not commit an offence against subsection (3) commits an offence punishable, on conviction, by a fine not exceeding:
 (a) if the person is a natural person—50 penalty units; or
 (b) if the person is a body corporate—250 penalty units.
 (3) A person who contravenes subsection (1) with the use of a foreign boat commits an offence punishable:
 (a) on summary conviction—by a fine not exceeding:
 (i) if the person is a natural person—50 penalty units; or
 (ii) if the person is a body corporate—250 penalty units; and
 (b) on conviction on indictment—by a fine not exceeding:
 (i) if the person is a natural person—500 penalty units; or
 (ii) if the person is a body corporate—2,500 penalty units.
 (3AA) An offence under subsection (2) or (3) consisting of a contravention of paragraph (1)(a) or (b) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (3AB) In the case of an offence under subsection (2) or (3) consisting of a contravention of paragraph (1)(c), strict liability applies to the physical elements of circumstance, that:
 (a) the relevant conduct occurs in an area of Australian jurisdiction; and
 (b) the relevant instrument is in force under section 16.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (3A) Where:
 (a) a person is convicted of an offence against subsection (2) or (3) arising out of a contravention of paragraph (1)(a);
 (b) the court before which the person is convicted is satisfied that:
 (i) the person contravened paragraph (1)(a) in an area of Australian jurisdiction at a particular time by using a boat (other than a Papua New Guinea boat) for a particular purpose; and
 (ii) either of the following sub‑subparagraphs apply:
 (A) a licence under this Act was not in force in respect of the boat at that time;
 (B) a licence under this Act was in force in respect of the boat at that time, but