Commonwealth Numbered Acts

TORRES STRAIT FISHERIES ACT 1984 NO. 23 OF 1984 - SECT. 54.

54. (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 is guilty of an offence
        punishable, on conviction, by a fine not exceeding $1,000.

(3) It is a defence to a prosecution for an offence against sub-section (2) in
relation to a contravention of a Papua New Guinea law if the person charged
satisfies the court that he 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
sub-section (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.