Document ID: chunk:federal_register_of_legislation:C2024C00591:section:95:p2
Version: federal_register_of_legislation:C2024C00591
Segment Type: section
Provision Reference: s 95 (pt 2/2)
Character Range: 252175–253569

(a) under the management plan for the relevant fishery; or
 (b) under regulations made for the relevant fishery; or
 (c) in relation to a by‑catch under regulations made for the purposes of paragraph 14(2)(c).
 (2) A person who contravenes paragraph (1)(a) or (b) with the use of, or in relation to, a foreign boat or in relation to a foreign fishing licence commits an offence punishable on conviction by a fine not exceeding 500 penalty units.
 (3) An offence mentioned in subsection (2) is an indictable offence but may be heard and determined, with the consent of the prosecutor and the defendant, by a court of summary jurisdiction.
 (4) If an offence mentioned in subsection (2) is dealt with by a court of summary jurisdiction, the penalty that the court may impose is a fine not exceeding 250 penalty units.
 (5) A person who contravenes subsection (1) in circumstances in which the person does not commit an offence against subsection (2) commits an offence punishable, on conviction, by a fine not exceeding 250 penalty units.
 (5A) Strict liability applies to subsections (2) and (5).
 (6) It is a defence to a prosecution for an offence arising under paragraph (1)(c) if the person charged satisfies the court that the fish was not taken in the AFZ.
 (7) A prosecution for an offence against subsection (2) or (5) may be commenced within 2 years after the commission of the offence.