Document ID: chunk:federal_register_of_legislation:C2024C00644:section:45:p2
Version: federal_register_of_legislation:C2024C00644
Segment Type: section
Provision Reference: s 45 (pt 2/4)
Character Range: 143742–146301

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 Australian jurisdiction contravene or fail to comply with a condition of the endorsement; or
 (h) being the holder of a Treaty endorsement in force in respect of a boat, in an area of Australian jurisdiction cause or permit a person acting on his or her behalf to contravene or fail to comply with a condition of the endorsement; or
 (j) being a person acting on behalf of the holder of a Treaty endorsement in force in respect of a boat, in an area of Australian jurisdiction contravene or fail to comply with a condition of the endorsement; or
 (k) use a boat in an area of Australian jurisdiction for processing or carrying, in the course of commercial fishing, fish taken with the use of another boat unless there is in force in respect of the first‑mentioned boat a licence under subsection 19(3) or a Treaty endorsement that authorises that processing or carrying; or
 (m) in an area of Australian jurisdiction, trans‑ship fish to a boat other than:
 (i) a boat in respect of which there is in force a licence under subsection 19(3); or
 (ii) a boat in respect of which there is in force a Treaty endorsement that authorises the carrying, or the processing and carrying, of fish taken with the use of another boat.
 (2) A person who contravenes paragraph (1)(a) with the use of a foreign boat commits an offence punishable:
 (a) where the person was, at the time when the offence was committed, the master of the boat:
 (i) on summary conviction—by a fine not exceeding 50 penalty units; and
 (ii) on conviction on indictment—by a fine not exceeding 2,500 penalty units; and
 (b) in any other case:
 (i) on summary conviction—by a fine not exceeding 50 penalty units; and
 (ii) on conviction on indictment—by a fine not exceeding 500 penalty units.
 (3) A person who contravenes paragraph (1)(c), (d), (e) or (f) with the use of, or in relation to, a foreign boat or who contravenes paragraph (1)(k) or (m) 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.
 (4) A person who