Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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, commits an offence punishable:
(a) on summary conviction--by a fine not exceeding 50 penalty units; and
(b) on conviction on indictment--by a fine not exceeding 500 penalty units.
(2) It is a defence to a prosecution for an offence against subsection (1) if the person charged proves that an unforeseen emergency rendered it necessary to bring the boat into that place in order to secure the safety of human life or of the boat.
Note: The defendant bears a legal burden in relation to the matter in subsection (2). See section 13.4 of the Criminal Code .
(2A) An offence under subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .
(3) In subsection (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).