Commonwealth Numbered Acts

TORRES STRAIT FISHERIES ACT 1984 NO. 23 OF 1984 - SECT. 49.

49. (1) The master of a foreign fishing boat, not being a boat that is being
used in the course of traditional fishing, who, otherwise than in accordance
with an entry made in a licence or in a Treaty endorsement under paragraph 21
(2) (a) or (b), causes the boat to be brought into a place in Australia that
is within the Protected Zone, is guilty of an offence 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 that an unforseen emergency rendered it
necessary to bring the boat into that place in order to secure the safety of
human life or of the boat.
(3) In sub-section (1), ''foreign fishing boat'' means a foreign boat or a
Papua New Guinea boat that is designed and equipped for-

   (a)  catching or capturing fish;

   (b)  processing fish;

   (c)  carrying fish;

   (d)  2 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) and (c).