Document ID: chunk:federal_register_of_legislation:C2024C00591:section:104
Version: federal_register_of_legislation:C2024C00591
Segment Type: section
Provision Reference: s 104
Character Range: 274458–276155

104  Foreign boats not to contravene condition of Treaty licence
 (1) A person must not, in an area of the AFZ that is within the Treaty area:
 (a) use a Treaty boat; or
 (b) do an act or omit to do an act on, or in relation to, a Treaty boat;
in respect of which a Treaty licence is in force, in contravention of a requirement that is, under the Treaty, a condition of the Treaty licence.
 (2) A person who contravenes subsection (1) commits an offence punishable on conviction by a fine not exceeding 500 penalty units.
 (3) An offence mentioned in subsection (1) 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 (1) is dealt with by a court of summary jurisdiction, the penalty that the court may impose is a fine not exceeding 250 penalty units.
 (4A) An offence mentioned in subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (5) For the purposes of subsection (1), the use of an aircraft in association with the fishing activities of a Treaty boat is taken to be an act done or omitted to be done in relation to the Treaty boat.
 (6) Where a court convicts a person of an offence arising out of a contravention of subsection (1), the court may, in addition to imposing a penalty in respect of that offence, order that the person must not, during such period as the court determines, be on a boat in the AFZ with the intention of engaging in fishing.
 (7) A person who contravenes such an order commits an offence punishable, on conviction, by a fine not exceeding 50 penalty units.