Document ID: chunk:federal_register_of_legislation:C2005A00099:clause:1_105da
Version: federal_register_of_legislation:C2005A00099
Segment Type: clause
Provision Reference: sch 1 cl 105DA
Character Range: 33006–34642

105DA  Australian citizen fishing for WCPFC fish stock in foreign waters—strict liability

 (1) A person is guilty of an offence if:
 (a) the person uses a boat for fishing; and
 (b) the fishing is for a WCPFC fish stock; and
 (c) the person contravenes a WCPFC conservation and management measure in relation to the fishing; and
 (d) the person is an Australian citizen; and
 (e) the boat is a foreign boat; and
 (f) the boat is in the Convention area in the exclusive economic zone, territorial sea, archipelagic waters (as defined in the United Nations Convention on the Law of the Sea) or internal waters, of a foreign country; and
 (g) if the fishing itself is the act that contravenes the WCPFC conservation and management measure—the fishing is not authorised by an authorisation (however described) issued under the law of the foreign country referred to in paragraph (f).

Note: The English text of the United Nations Convention on the Law of the Sea is set out in the Australian Treaty Series at [1994] ATS 31. In 2005 this was available in the Australian Treaties Library of the Department of Foreign Affairs and Trade, accessible on the Internet through that Department's world‑wide web site.

 (2) The offence is punishable on conviction by a fine of not more than 60 penalty units.

 (3) An offence under this section is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

 (4) If the person has been convicted or acquitted in the foreign country of an offence involving fishing, the person cannot be convicted of an offence under this section involving the same fishing.