Document ID: chunk:federal_register_of_legislation:F2016C00633:reg:12
Version: federal_register_of_legislation:F2016C00633
Segment Type: reg
Provision Reference: reg 12
Character Range: 15027–17189

12  Offences in relation to log‑books
 (1) The master of a boat licensed under section 19 of the Act or a boat in respect of which an endorsement under section 20 of the Act is in force who uses the boat in relation to the taking or processing of fish in an area of Australian jurisdiction on a day in the period specified in the appropriate log‑book in relation to the boat, being the period determined in accordance with subregulation 11(2) by the Minister in respect of the log‑book, shall, not later than the day immediately following that day, cause information relating to the taking, processing, sale or disposal of fish to be entered in the log‑book in accordance with the requirements set out in the log‑book.
 (2) The master of a boat licensed under section 19 of the Act who uses the boat in relation to the taking or processing of fish in areas of Papua New Guinea jurisdiction on a day in the period specified in the appropriate log‑book in relation to the boat, being the period determined in accordance with subregulation 11(2) by the Minister in respect of the log‑book, shall, not later than the day immediately following that day, cause information relating to the taking, processing, sale or disposal of fish to be entered in the log‑book in accordance with the requirements set out in the log‑book.
 (3) The master of a boat who caused information to be entered in a log‑book shall cause the folios of the log‑book in which the information has been entered to be furnished as soon as practicable to an officer, or to the Department, in accordance with the requirements set out in the log‑book.
 (4) If the master of a boat fails to comply with subregulation (1), (2) or (3), he or she commits an offence punishable by a maximum fine of 20 penalty units.
 (5) It is a defence to a prosecution under subregulation (4) if the defendant has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter mentioned in this subregulation—see section 13.3 of the Criminal Code.
 (6) An offence under subregulation (4) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.