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Fisheries Legislation Amendment (New Governance Arrangements for the Australian Fisheries Management Authority and Other Matters) Act 2008
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Turn the raw legal text into a practical explanation grounded in Fisheries Legislation Amendment (New Governance Arrangements for the Australian Fisheries Management Authority and Other Matters) Act 2008.
105F Australian national on foreign boat in foreign waters—strict liability
(1) A person commits an offence if:
(a) the person uses a boat for fishing; and
(b) the person is an Australian national; and
(c) the person contravenes an international fisheries management measure in relation to the fishing; and
(d) the boat is in the exclusive economic zone, territorial sea, archipelagic waters (as defined in the United Nations Convention on the Law of the Sea) or internal waters of a foreign country; and
(e) 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 covered by paragraph (1)(d).
Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).
105FA Australian national on foreign boat in foreign waters
(1) A person commits an offence if:
(a) the person uses a boat for fishing; and
(b) the person is an Australian national; and
(c) the person contravenes an international fisheries management measure in relation to the fishing; and
(d) the boat is in the exclusive economic zone, territorial sea, archipelagic waters (as defined in the United Nations Convention on the Law of the Sea) or internal waters of a foreign country; and
(e) the boat is a foreign boat.
Penalty: 500 penalty units.
(2) Strict liability applies to paragraphs (1)(d) and (e).
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 covered by paragraph (1)(d).
Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).
Subdivision C—Unauthorised foreign boat on high seas