Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person commits an offence if:
(a) a person intentionally has in his or her possession or charge an Australian - flagged boat; and
(b) the boat is equipped with nets, traps or other equipment for fishing and the person is reckless as to that fact; and
(c) the boat is at a place on the high seas and the person is reckless as to that fact.
(2) The offence is punishable on conviction by a fine not more than 500 penalty units.
(3) Subsection (1) does not apply if:
(a) the person holds a fishing concession or scientific permit authorising the boat to be at that location equipped with nets, traps or other equipment for fishing; or
(b) the person is acting on behalf of the holder of such a concession or permit; or
(c) the boat is engaged solely in the ordinary course of trade of carrying cargo between:
(i) Australia and a foreign country; or
(ii) Australia and an external Territory; or
(iii) an external Territory and a foreign country; or
(iv) 2 external Territories; or
(d) the person has a reasonable excuse.
Note: Even if subsection (1) does not apply because the person holds, or acts for the holder of, a fishing concession or scientific permit, the person will commit an offence under section 95 if the person contravenes a condition of the concession or permit.
(4) The only burden of proof that a defendant bears in respect of subsection (3) is the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter in question existed.