Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person commits an offence if:
(a) the person intentionally uses a boat; and
(b) the boat is a foreign boat and the person is reckless as to that fact; and
(c) the use of the boat is for commercial fishing and the person is reckless as to that fact; and
(d) the boat is at a place that is, at the time of the use, in a part of the territorial sea of Australia that is in the AFZ.
(a) if the boat involved in the offence has a length of, or exceeding, 24 metres--7,500 penalty units or 3 years imprisonment, or both; or
(b) if the boat involved in the offence has a length of less than 24 metres--5,000 penalty units or 2 years imprisonment, or both.
(1A) Strict liability applies to paragraph (1)(d).
Note: For strict liability , see section 6.1 of the Criminal Code .
(2) The reference to the AFZ in paragraph (1)(d) does not include a reference to coastal waters taken to be in the AFZ because of section 76.
(3) For the purposes of the penalty at the end of subsection (1), the length of a boat is the overall length of the boat determined in accordance with section 10 of the Shipping Registration Act 1981 .
(4) Subsection (1) does not apply if:
(a) a foreign fishing licence is in force authorising the use of the boat at the place; or
(b) the boat is a Treaty boat and a Treaty licence is in force in respect of the boat authorising the use of the boat at the place.
Note: The defendant bears an evidential burden in relation to the matters in subsection (4). See subsection 13.3(3) of the Criminal Code .