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 in the AFZ at the time of the use and the person is reckless as to that fact.
(2) The offence is punishable on conviction:
(a) if the boat involved in the offence has a length of, or exceeding, 24 metres--by a fine of not more than 7,500 penalty units; and
(b) if the boat involved in the offence has a length of less than 24 metres--by a fine of not more than 5,000 penalty units.
(2A) For the purposes of subsection (2), the length of a boat is the overall length of the boat determined in accordance with section 10 of the Shipping Registration Act 1981 .
(3) The offence is an indictable offence.
(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 .