Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person shall not:
(a) engage in commercial fishing (other than community fishing) on a boat in an area of Australian jurisdiction unless there is in force in respect of the boat a licence under subsection 19(2) or a Treaty endorsement; or
(aa) engage in commercial fishing (other than community fishing) without the use of a boat in an area of Australian jurisdiction unless the person does so under a licence in force under subsection 19(4A); or
(b) being a traditional inhabitant, engage in activities by way of community fishing on a boat in an area of Australian jurisdiction, being activities in respect of which there is in force a declaration under subsection 17(1), unless there is in force in respect of the boat a licence under subsection 19(2); or
(ba) being a traditional inhabitant, engage in activities by way of community fishing without the use of a boat in an area of Australian jurisdiction, being activities in respect of which there is in force a declaration under subsection 17(1A), unless the person does so under a licence in force under subsection 19(4A); or
(c) be in charge of a boat (other than a boat in respect of which a Treaty endorsement is in force) that is being used for commercial fishing (other than community fishing) in an area of Australian jurisdiction unless the person is the holder of a master fisherman's licence that is in force; or
(ca) be in charge of a boat (other than a boat in respect of which a Treaty endorsement is in force) that is being used for community fishing:
(i) in an area of Australian jurisdiction; and
(ii) in respect of which there is in force a declaration under subsection 17(1AA);
unless the person is the holder of a master fisherman's licence that is in force; or
(d) being the holder of a licence in force under section 19, in an area of Australian jurisdiction contravene or fail to comply with a condition of the licence; or
(e) being the holder of a licence (other than a master fisherman's licence) in force under section 19, cause or permit a person acting on his or her behalf in an area of Australian jurisdiction to contravene or fail to comply with a condition of the licence; or
(f) being a person acting on behalf of the holder of a licence (other than a master fisherman's licence) in force under section 19, in an area of Australian jurisdiction contravene or fail to comply with a condition of the licence; or
(g) being the holder of a Treaty endorsement in force in respect of a boat, in an area of Australian jurisdiction contravene or fail to comply with a condition of the endorsement; or
(h) being the holder of a Treaty endorsement in force in respect of a boat, in an area of Australian jurisdiction cause or permit a person acting on his or her behalf to contravene or fail to comply with a condition of the endorsement; or
(j) being a person acting on behalf of the holder of a Treaty endorsement in force in respect of a boat, in an area of Australian jurisdiction contravene or fail to comply with a condition of the endorsement; or
(k) use a boat in an area of Australian jurisdiction for processing or carrying, in the course of commercial fishing, fish taken with the use of another boat unless there is in force in respect of the first - mentioned boat a licence under subsection 19(3) or a Treaty endorsement that authorises that processing or carrying; or
(m) in an area of Australian jurisdiction, trans - ship fish to a boat other than:
(i) a boat in respect of which there is in force a licence under subsection 19(3); or
(ii) a boat in respect of which there is in force a Treaty endorsement that authorises the carrying, or the processing and carrying, of fish taken with the use of another boat.
(2) A person who contravenes paragraph (1)(a) with the use of a foreign boat commits an offence punishable:
(a) where the person was, at the time when the offence was committed, the master of the boat:
(i) on summary conviction--by a fine not exceeding 50 penalty units; and
(ii) on conviction on indictment--by a fine not exceeding 2,500 penalty units; and
(b) in any other case:
(i) on summary conviction--by a fine not exceeding 50 penalty units; and
(ii) on conviction on indictment--by a fine not exceeding 500 penalty units.
(3) A person who contravenes paragraph (1)(c), (d), (e) or (f) with the use of, or in relation to, a foreign boat or who contravenes paragraph (1)(k) or (m) with the use of a foreign boat commits an offence punishable:
(a) on summary conviction--by a fine not exceeding:
(i) if the person is a natural person--50 penalty units; or
(ii) if the person is a body corporate--250 penalty units; and
(b) on conviction on indictment--by a fine not exceeding:
(i) if the person is a natural person--500 penalty units; or
(ii) if the person is a body corporate--2,500 penalty units.
(4) A person who contravenes subsection (1) in circumstances in which he or she does not commit an offence against subsection (2) or (3) commits an offence punishable, on conviction, by a fine not exceeding:
(a) if the person is a natural person--50 penalty units; or
(b) if the person is a body corporate--250 penalty units.
(4AA) An offence under subsection (2), (3) or (4) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .
(4A) Where:
(a) a person is convicted of an offence against subsection (2) or (4) arising out of a contravention of paragraph (1)(a), (b) or (k);
(b) the court before which the person is convicted is satisfied that:
(i) the person contravened paragraph (1)(a), (b) or (k), as the case may be, in an area of Australian jurisdiction at a particular time by using a boat (other than a Papua New Guinea boat) for a particular purpose; and
(ii) either of the following sub - subparagraphs apply:
(A) a licence under this Act was not in force in respect of the boat at that time;
(B) a licence under this Act was in force in respect of the boat at that time, but the licence did not authorise the use of the boat in that area for that purpose; and
(c) the court is also satisfied that:
(i) in a case to which sub - subparagraph (b)(ii)(A) applies--if a licence under this Act had been in force at that time authorising the use of the boat in that area for that purpose, the licence would have been a leviable licence; or
(ii) in a case to which sub - subparagraph (b)(ii)(B) applies--if the licence under this Act in force in respect of the boat had not been in force at that time, but another licence under this Act had been in force authorising the use of the boat in that area for that purpose, the other licence would have been a leviable licence;
the court may, in addition to imposing a penalty on the person, order the person to pay to the Commonwealth an amount not exceeding the amount that is the relevant levy amount in relation to the licence referred to in subparagraph (c)(i) or the other licence referred to in subparagraph (c)(ii), as the case may be.
(4B) Where:
(a) a person is convicted of an offence against subsection (4) because the person engaged in activities in contravention of paragraph (1)(aa) or (ba) at a particular time; and
(b) the court before which the person is convicted is satisfied that if a licence under subsection 19(4A) authorising the activities had been in force at that time, the licence would have been a leviable licence;
the court may, in addition to imposing a penalty on the person, order the person to pay to the Commonwealth an amount not exceeding the amount that is the relevant levy amount in relation to the licence.
(5) Where levy is payable under the Fisheries Levy Act 1984 on the grant of, the renewal of, the variation of or the making under this Act of an entry in a licence under this Act:
(a) the licence shall be taken, for the purposes of this section, to be a leviable licence; and
(b) the amount of the levy or the sum of the amounts of the levy, as the case requires, payable with respect to the licence shall be taken, for the purposes of this section;
to be the relevant levy amount in relation to the licence.