Commonwealth Numbered Acts

FISHERIES AMENDMENT ACT 1978 No. 99 of 1978 - SECT 17

17. After section 13B of the Principal Act the following sections are
inserted: Unlicensed foreign boats not to enter Australian ports
''13BA. (1) A person, being the master of a foreign fishing boat, who,
otherwise than in accordance with an endorsement under sub-section (3A) of
section 9 of a licence granted under that section, brings the boat into a port
in Australia or in an external Territory is guilty of an offence and is
punishable-

   (a)  on summary conviction-by a fine not exceeding $5,000; and

   (b)  on conviction on indictment-by a fine not exceeding $50,000.

''(2) It is a defence to a prosecution for an offence against sub-section (1)
in relation to the bringing of a foreign fishing boat into a port if the
person charged satisfies the court that-

   (a)  the boat was brought into the port at a time when the boat was engaged
        in operations that included the carrying of cargo, in the ordinary
        course of trade, between Australia and another country, between
        Australia and an external Territory or between an external Territory
        and a country other than Australia;

   (b)  the boat was brought into the port in accordance with the provisions
        of a prescribed agreement between Australia and another country;

   (c)  the boat was brought into the port under the direction of an officer
        exercising powers under section 10 or under the direction of a person
        exercising powers under another law of the Commonwealth or a law of a
        State or Territory;

   (d)  the boat was being lawfully imported into Australia or the external
        Territory, as the case may be, by or on behalf of a person who was, or
        by or on behalf of persons each of whom was, at the time when the boat
        was brought into the port-

        (i)    a resident of Australia or of an external Territory; or

        (ii)   a company incorporated in Australia or in an external
               Territory; or

   (e)  an unforeseen emergency rendered it necessary to bring the boat into a
        port in Australia or in an external Territory in order to secure the
        safety of the boat or of human life.

''(3) In this section, 'foreign fishing boat' means a foreign boat that is
designed and equipped for-

   (a)  catching or capturing fish;

   (b)  processing fish;

   (c)  carrying fish;

   (d)  two or more of the purposes mentioned in paragraphs (a), (b) and (c);
        or

   (e)  supporting the operations of a boat that is, or boats that are,
        designed and equipped for any one or more of the purposes mentioned in
        paragraphs (a), (b) or (c). Foreign boats not to land fish in
        Australia
''13BB. (1) A person, being the master of a foreign boat, who, otherwise than
in accordance with an endorsement under sub-section (3A) of section 9 of a
licence granted under that section, causes to be landed at any place in
Australia any fish that were brought to the place by the boat is guilty of an
offence and is punishable-

   (a)  on summary conviction-by a fine not exceeding $5,000; and

   (b)  on conviction on indictment-by a fine not exceeding $10,000.

''(2) It is a defence to a prosecution for an offence against sub-section (1)
if the person charged satisfies the court-

   (a)  that the fish were imported into Australia and were so imported in
        accordance with permission in writing granted for the purposes of the
        Customs (Prohibited Imports) Regulations;

   (b)  that the fish had previously been landed in an external Territory or a
        country other than Australia;

   (c)  that, by reason of the operation of section 131A of the Customs Act 
        1901 , the fish were not subject to the control of the Customs; or

   (d)  that the fish were landed in pursuance of a direction of the Secretary
        under section 13D.''.