Document ID: chunk:federal_register_of_legislation:C2024C00644:section:54
Version: federal_register_of_legislation:C2024C00644
Segment Type: section
Provision Reference: s 54
Character Range: 192815–194245

54  Offences against Papua New Guinea law
 (1) In this section Papua New Guinea law means any written law relating to fishing in force in Papua New Guinea and having effect in any part of the Protected Zone.
 (2) A person, being:
 (a) an Australian citizen;
 (b) a person (other than an Australian citizen) on an Australian boat; or
 (c) a person on a foreign boat in respect of which a licence is in force under section 19;
who, in an area of Papua New Guinea jurisdiction, contravenes any Papua New Guinea law commits an offence punishable, on conviction, by a fine not exceeding 50 penalty units.
 (3) It is a defence to a prosecution for an offence against subsection (2) in relation to a contravention of a Papua New Guinea law if the person charged satisfies the court that he or she has, in Papua New Guinea, been prosecuted for an offence against Papua New Guinea law in relation to that contravention.
 (4) In determining whether or not a person is guilty of an offence against subsection (2), the court shall have regard to so much of the laws of Papua New Guinea, whether written or unwritten, as, in the opinion of the court, is necessary to give effect to Article 28 of the Torres Strait Treaty.
 (5) An offence under subsection (2) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

Division 7—Provisions relating to detention of suspected illegal foreign fishers