Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The master of a foreign boat or of a Papua New Guinea boat who, otherwise than in accordance with an entry made in a licence or in a Treaty endorsement under paragraph 21(2)(b) or in accordance with an endorsement under subsection 9(3A) of the Fisheries Act 1952 or a foreign fishing licence granted under the Fisheries Management Act 1991 , causes to be landed at a place in Australia any fish, not being fish that were taken in the course of traditional fishing and landed at that place for the purpose of the performance of traditional activities, that were brought to the place by the boat 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 satisfies the court that:
(a) the fish were imported into Australia and were so imported in accordance with permission in writing granted for the purposes of regulations made under the Customs Act 1901 ;
(b) by reason of the operation of section 131A of that Act, the fish were not subject to customs control;
(c) the fish had previously been landed in another place in Australia, in an external Territory or in a country other than Australia; or
(d) the fish were landed in pursuance of an order of a court.
(3) An offence under subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .