Document ID: chunk:federal_register_of_legislation:C2024C00644:section:44:p3
Version: federal_register_of_legislation:C2024C00644
Segment Type: section
Provision Reference: s 44 (pt 3/4)
Character Range: 139129–141399

of the boat at that time;
 (B) a licence under this Act was in force in respect of the boat at that time, but the licence did not authorise the use of the boat for taking fish of that kind in that area in the course of commercial fishing; and
 (c) the court is also satisfied that:
 (i) in a case to which sub‑subparagraph (b)(ii)(A) applies—if a licence under this Act had been in force at that time authorising the use of the boat for taking fish of that kind in that area in the course of commercial fishing, the licence would have been a leviable licence; or
 (ii) in a case to which sub‑subparagraph (b)(ii)(B) applies—if the licence under this Act in force in respect of the boat had not been in force at that time, but another licence under this Act had been in force authorising the use of the boat for taking fish of that kind in that area in the course of commercial fishing, the other licence would have been a leviable licence;
the court may, in addition to imposing a penalty on the person, order the person to pay to the Commonwealth an amount not exceeding the amount that is the relevant levy amount in relation to the licence referred to in subparagraph (c)(i) or the other licence referred to in subparagraph (c)(ii), as the case may be.
 (4) For the purposes of paragraph (1)(a), an act done by an employee or agent of a person shall be deemed to have also been done by the person.
 (5) It is a defence to a prosecution for an offence arising out of a contravention of paragraph (1)(b) in relation to an instrument under section 16 if the person charged satisfies the court that:
 (a) the taking of the fish was not in contravention of that instrument; or
 (b) the fish were taken in an area that is not an area of Australian jurisdiction.
 (6) Where levy is payable under the Fisheries Levy Act 1984 on the grant of, the renewal of, the variation of or the making under this Act of an entry in a licence under this Act:
 (a) the licence shall be taken, for the purposes of this section, to be a leviable licence; and
 (b) the amount of the levy or the sum of the amounts of the levy, as the case requires, payable with respect to the licence shall be taken, for the purposes of this section, to be the relevant levy amount in relation to the licence.