Document ID: chunk:federal_register_of_legislation:C2006A00061:clause:2_51a
Version: federal_register_of_legislation:C2006A00061
Segment Type: clause
Provision Reference: sch 2 cl 51A
Character Range: 15403–17425

51A  Having foreign boat equipped for fishing in territorial sea within an area of Australian jurisdiction

 (1) A person commits an offence if:
 (a) the person has a boat in his or her possession, or under his or her control; and
 (b) the boat is a foreign boat; and
 (c) the boat is equipped with nets, traps or other equipment for taking fish; and
 (d) the boat is at a place that is in a part of the territorial sea of Australia that is in an area of Australian jurisdiction.

Penalty:
 (a) if the offender was the master of the boat at the time the offence was committed—2,500 penalty units or 3 years imprisonment, or both; or
 (b) in any other case—500 penalty units or 2 years imprisonment, or both.

 (2) It is a defence to a prosecution for an offence against subsection (1) if the person charged proves that, at the time of the alleged offence:
 (a) the boat's nets, traps and other equipment for taking fish were stowed and secured; and
 (b) the boat was travelling through an area of Australian jurisdiction from a point outside an area of Australian jurisdiction to another point outside an area of Australian jurisdiction by the shortest practicable route.

Note: The defendant bears a legal burden in relation to the matters in subsection (2). See section 13.4 of the Criminal Code.

 (3) Subsection (1) does not apply if:
 (a) a licence under section 19 is in force in respect of the boat; or
 (b) a Treaty endorsement is in force in respect of the boat; or
 (c) the boat is being used for traditional fishing or community fishing.

Note: The defendant bears an evidential burden in relation to the matters in subsection (3). See subsection 13.3(3) of the Criminal Code.

 (4) A reference to an area of Australian jurisdiction in this section does not include a reference to Protected Zone coastal waters of Queensland.

Note: For what are Protected Zone coastal waters of Queensland, see
section 4.

Note: The heading to section 51 is replaced by the heading "Having boat equipped for fishing—general".