105EContravention on high seas—strict liability

105E  Contravention on high seas—strict liability

 (1) A person commits an offence if:

 (a) the person uses a boat for fishing; and

 (b) the person contravenes an international fisheries management measure in relation to the fishing; and

 (c) the boat is on the high seas; and

 (d) the boat is a foreign boat.

Penalty: 60 penalty units.

 (2) Strict liability applies to subsection (1).

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

 (3) Subsection (1) does not apply if the act that contravenes the international fisheries management measure is fishing that is authorised by an authorisation (however described) issued under the law of the country of nationality of the boat.

Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).

105EA  Contravention on high seas

 (1) A person commits an offence if:

 (a) the person uses a boat for fishing; and

 (b) the person contravenes an international fisheries management measure in relation to the fishing; and

 (c) the boat is on the high seas; and

 (d) the boat is a foreign boat.

Penalty: 500 penalty units.

 (2) Strict liability applies to paragraphs (1)(c) and (d).

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

 (3) Subsection (1) does not apply if the act that contravenes the international fisheries management measure is fishing that is authorised by an authorisation (however described) issued under the law of the country of nationality of the boat.

Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).

105EB  Attorney‑General’s consent required for prosecution

 (1) The Attorney‑General’s written consent is required before a charge of an offence against section 105E or 105EA, alleged to have been committed by a person other than an Australian national, can proceed to hearing or determination.

 (2) Before granting such a consent, the Attorney‑General must take into account any views expressed by the government of the country of nationality of the boat alleged to be involved in the offence.

 (3) Even though the Attorney‑General has not granted such a consent, the absence of consent is not to prevent or delay:

 (a) the arrest of the suspected offender or proceedings related to arrest (such as proceedings for the issue and execution of a warrant); or

 (b) the laying of a charge against the suspected offender; or