Commonwealth Numbered Regulations

AGRICULTURE, FISHERIES AND FORESTRY LEGISLATION AMENDMENT (APPLICATION OF CRIMINAL CODE) REGULATIONS 2002 (NO. 1) 2002 NO. 60 - SCHEDULE 7

(regulation 9)

[1] Subregulation 12 (3)

substitute

(3)

If:

(a)

the boat is being used in accordance with the right or permit; and

(b)

the boat does not display its identification code in accordance with subregulation (2);

the master and the owner of the boat are each guilty of an offence.

Maximum penalty:
10 penalty units.

(3A)

It is a defence to a prosecution under subregulation (3) if the defendant has a reasonable excuse.

Note
A defendant bears an evidential burden in relation to the matter set out in this subregulation — see section 13.3 of the Criminal Code .

[2] Subregulation 12 (4), penalty

substitute

Maximum penalty:
10 penalty units.

[3] Subregulation 12 (5)

substitute

(5) If:

(a)

the boat is being used in accordance with the right or permit; and

(b)

the boat's bow shows a letter or letters and a number that are not:

(i)

the boat's name or identification code; or

(ii)

an identification marking allocated to the boat under a law of a State or Territory;

the master and the owner of the boat are each guilty of an offence.

Maximum penalty:
10 penalty units.

(5A)

It is a defence to a prosecution under subregulation (5) if the defendant has a reasonable excuse.

Note
A defendant bears an evidential burden in relation to the matter set out in this subregulation — see section 13.3 of the Criminal Code .

[4] After subregulation 12 (6)

insert

(7) An offence under subregulation (3), (4) or (5) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

[5] Subregulation 13 (4), penalty

substitute

Maximum penalty:
10 penalty units.

[6] After subregulation 13 (4), including the penalty

insert

(4A)

An offence under subregulation (4) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

[7] Subregulation 14 (1)

substitute

(1)

The master of a boat that is being used in the AFZ under a fishing concession must make position reports in accordance with subregulations (2) and (3).

Maximum penalty:
10 penalty units.

[8] After subregulation 14 (3)

insert

(4)

It is a defence to a prosecution under subregulation (1) if the defendant has a reasonable excuse.

Note
A defendant bears an evidential burden in relation to the matter set out in this subregulation — see section 13.3 of the Criminal Code .

(5)

An offence under subregulation (1) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

[9] Subregulation 15 (1)

substitute

(1)

The master of a foreign boat that is being used in the AFZ under a foreign fishing licence must show the boat's international radio call-sign on the boat in accordance with subregulations (2) to (6).

Maximum penalty:
10 penalty units.

[10] After subregulation 15 (6)

insert

(7) It is a defence to a prosecution under subregulation (1) if the defendant has a reasonable excuse.

Note
A defendant bears an evidential burden in relation to the matter set out in this subregulation — see section 13.3 of the Criminal Code .

(8)

An offence under subregulation (1) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

[11] Subregulation 16 (1)

substitute

(1)

The master of a foreign boat that is being used in the AFZ under a foreign fishing licence must show the boat's name on the boat in accordance with subregulations (2) to (4).

Maximum penalty:
10 penalty units.

(1A) It is a defence to a prosecution under subregulation (1) if the defendant has a reasonable excuse.

Note
A defendant bears an evidential burden in relation to the matter set out in this subregulation — see section 13.3 of the Criminal Code .

[12] After subregulation 16 (4)

insert

(5)

An offence under subregulation (1) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

[13] Subregulation 17 (3), penalty

substitute

Maximum penalty:
5 penalty units.

[14] After subregulation 17 (4)

insert

(5)

An offence under subregulation (3) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

[15] Subregulation 18 (6)

omit

must, unless he or she has a reasonable excuse:

insert

must:

[16] Subregulation 18 (6), penalty

substitute

Maximum penalty:
10 penalty units.

[17] After subregulation 18 (6), including the penalty

insert

(6A)

It is a defence to a prosecution under subregulation (6) if the defendant has a reasonable excuse.

Note
A defendant bears an evidential burden in relation to the matter set out in this subregulation — see section 13.3 of the Criminal Code .

[18] Subregulation 18 (7), penalty

substitute

Maximum penalty:
10 penalty units.

[19] Subregulation 18 (9), penalty

substitute

Maximum penalty:
10 penalty units.

[20] Subregulation 18 (10), penalty

substitute

Maximum penalty:
10 penalty units.

[21] After subregulation 18 (10), including the penalty

insert

(11)

An offence under subregulation (6), (7), (9) or (10) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

[22] Subregulation 29 (3), penalty

substitute

Maximum penalty:
10 penalty units.

[23] Regulation 30

substitute

(1)

If AFMA cancels a fishing concession or a scientific permit, the holder of the concession or permit must return the document certifying that the person is the holder not later than 14 days after the person is notified that the concession or permit is cancelled.

Maximum penalty:
1 penalty unit.

(2)

It is a defence to a prosecution under subregulation (1) if the defendant has a reasonable excuse.

Note
A defendant bears an evidential burden in relation to the matter set out in this subregulation — see section 13.3 of the Criminal Code .

(3)

An offence under subregulation (1) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

[24] Regulations 33 and 34

substitute

(1) For each day that a holder of a statutory fishing right or a fishing permit, or a person acting on behalf of the holder, engages in fishing in an area to which an approved logbook relates, the holder must ensure that information about the taking of the fish is recorded in the logbook.

Note
It is a condition of a fishing concession that the holder complies with this subregulation — see the Act, subsection 42 (2). For the offence of failing to comply, see the Act, paragraphs 95 (1) (d), (e) and (f).

(2)

For each day that a holder of a statutory fishing right or a fishing permit, or a person acting on behalf of the holder, sells or otherwise disposes of fish taken in an area to which an approved logbook relates, the holder must ensure that information about the sale or disposal of the fish is recorded in the logbook.

Note
It is a condition of a fishing concession that the holder complies with this subregulation — see the Act, subsection 42 (2). For the offence of failing to comply, see the Act, paragraphs 95 (1) (d), (e) and (f).

(3)

The holder of the statutory fishing right or the fishing permit must ensure that the information is recorded in the approved logbook:

(a)

within the time set out in the logbook; or

(b)

if no time is set out in the logbook, within 24 hours after the end of each day on which the boat undertakes fishing in the area to which the logbook relates.

Note
It is a condition of a fishing concession that the holder complies with this subregulation — see the Act, subsection 42 (2). For the offence of failing to comply, see the Act, paragraph 95 (1) (d).

(4) It is a defence to a prosecution under subregulation (1), (2) or (3) if the defendant has a reasonable excuse.

Note
A defendant bears an evidential burden in relation to the matter set out in this subregulation — see section 13.3 of the Criminal Code .

(5)

An offence under subregulation (1), (2) or (3) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

(1)

For each day that the holder of a foreign fishing licence or, if the holder is not the master of the boat, the master, uses the boat in an area to which an approved logbook relates, the holder of the foreign fishing licence or, if the holder is not the master of the boat, the master, must record in the approved logbook information about the use of the boat.

Note
It is a condition of a fishing concession that the holder complies with this subregulation — see the Act, subsection 42 (2). For the offence of failing to comply, see the Act, paragraph 95 (1) (d).

(2)

The holder of the foreign fishing licence or, if the holder is not the master of the boat, the master, must record the information in the approved logbook:

(a)

within the time set out in the logbook; or

(b)

if no time is set out in the logbook, within 24 hours after the end of each day on which the boat is used in the area to which the logbook relates.

Note
It is a condition of a fishing concession that the holder complies with this subregulation — see the Act, subsection 42 (2). For the offence of failing to comply, see the Act, paragraph 95 (1) (d).

(3)

It is a defence to a prosecution under subregulation (1) or (2) if the defendant has a reasonable excuse.

Note
A defendant bears an evidential burden in relation to the matter set out in this subregulation — see section 13.3 of the Criminal Code .

(4) An offence under subregulation (1) or (2) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

[25] Subregulation 35 (1), penalty

substitute

Maximum penalty:
10 penalty units.

[26] Subregulation 35 (2), penalty

substitute

Maximum penalty:
10 penalty units.

[27] After subregulation 35 (2), including the penalty

insert

(3)

An offence under subregulation (2) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

[28] Subregulation 36 (1), penalty

substitute

Maximum penalty:
5 penalty units.

[29] After subregulation 36 (2)

insert

Note
A defendant bears an evidential burden in relation to the matter set out in this subregulation — see section 13.3 of the Criminal Code .

[30] After subregulation 36 (3)

insert

Note
A defendant bears an evidential burden in relation to the matter set out in this subregulation — see section 13.3 of the Criminal Code .

[31] Regulation 46

omit

$200.

insert

2 penalty units.

[32] Regulation 69

substitute

(1)

A person may set a pelagic or drifting longline from a boat only if a tori pole apparatus that complies with Schedule 3D is attached to the boat for each point at which hooks enter the water.

Penalty:
10 penalty units.

(2)

Subregulation (1) does not apply if the boat concerned is exempted under regulation 71.

Note
A defendant bears an evidential burden in relation to the matter mentioned in this subregulation — see section 13.3 of the Criminal Code .

(3)

An offence under subregulation (1) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

[33] Subregulation 70 (1)

substitute

(1) A person may set a pelagic or drifting longline from a boat only if:

(a)

all baits attached to the longline are set after nautical dusk on a day, and before nautical dawn on the following day; and

(b)

only thawed baits are attached to the hooks.

Penalty:
10 penalty units.

(1A)

Subregulation (1) does not apply if the boat concerned is exempted under regulation 71.

Note
A defendant bears an evidential burden in relation to the matter mentioned in this subregulation — see section 13.3 of the Criminal Code .

[34] After subregulation 70 (2)

insert

(3)

An offence under subregulation (1) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

[35] After subregulation 71 (4), including the penalty

insert

(5)

An offence under subregulation (4) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

[36] Regulation 73

substitute

(1)

A person may set a pelagic or drifting longline from a boat only if a tori pole apparatus that complies with Schedule 3D is carried on the boat for each point at which hooks enter the water.

Penalty:
10 penalty units.

(2) Subregulation (1) does not apply if the boat concerned is exempted under regulation 74.

Note
A defendant bears an evidential burden in relation to the matter mentioned in this subregulation — see section 13.3 of the Criminal Code .

(3)

An offence under subregulation (1) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

[37] After subregulation 74 (3), including the penalty

insert

(4)

An offence under subregulation (3) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

[38] Subregulations 76 (2) and (3)

substitute

(2)

A person must not discharge offal from a boat while the crew of the boat are hauling a line mentioned in subregulation (1).

Penalty:
10 penalty units.

(3) Subregulation (2) does not apply if the boat concerned is exempted under regulation 77.

Note
A defendant bears an evidential burden in relation to the matter mentioned in this subregulation — see section 13.3 of the Criminal Code .

(4)

An offence under subregulation (1) or (2) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

(5)

It is a defence to a prosecution under subregulation (2) if:

(a)

it is not practical to store offal on the boat until the crew has finished hauling the line; and

(b)

the offal is discharged during hauling:

(i)

while the vessel is not under way; and

(ii)

from the opposite side of the vessel to that where the line is being hauled.

Note
A defendant bears an evidential burden in relation to the matter mentioned in this subregulation — see section 13.3 of the Criminal Code .

[39] After subregulation 77 (3), including the penalty

insert

(4) An offence under subregulation (3) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .