Document ID: chunk:federal_register_of_legislation:C2024C00591:section:100b
Version: federal_register_of_legislation:C2024C00591
Segment Type: section
Provision Reference: s 100B
Character Range: 261443–263045

100B  Using foreign boat for fishing in territorial sea within AFZ
 (1) A person commits an offence if:
 (a) the person intentionally uses a boat; and
 (b) the boat is a foreign boat and the person is reckless as to that fact; and
 (c) the use of the boat is for commercial fishing and the person is reckless as to that fact; and
 (d) the boat is at a place that is, at the time of the use, in a part of the territorial sea of Australia that is in the AFZ.
Penalty:
 (a) if the boat involved in the offence has a length of, or exceeding, 24 metres—7,500 penalty units or 3 years imprisonment, or both; or
 (b) if the boat involved in the offence has a length of less than 24 metres—5,000 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 the AFZ in paragraph (1)(d) does not include a reference to coastal waters taken to be in the AFZ because of section 76.
 (3) For the purposes of the penalty at the end of subsection (1), the length of a boat is the overall length of the boat determined in accordance with section 10 of the Shipping Registration Act 1981.
 (4) Subsection (1) does not apply if:
 (a) a foreign fishing licence is in force authorising the use of the boat at the place; or
 (b) the boat is a Treaty boat and a Treaty licence is in force in respect of the boat authorising the use of the boat at the place.
Note: The defendant bears an evidential burden in relation to the matters in subsection (4). See subsection 13.3(3) of the Criminal Code.