100AOffence of using foreign boat for fishing in AFZ

#### 100A Offence of using foreign boat for fishing in AFZ (1) A person commits an offence if: (a) the person intentionally uses a boat; and (b) the boat is a foreign boat and the person is reckless as to that fact; and (c) the use of the boat is for commercial fishing and the person is reckless as to that fact; and (d) the boat is at a place in the AFZ at the time of the use and the person is reckless as to that fact. (2) The offence is punishable on conviction: (a) if the boat involved in the offence has a length of, or exceeding, 24 metres—by a fine of not more than 7,500 penalty units; and (b) if the boat involved in the offence has a length of less than 24 metres—by a fine of not more than 5,000 penalty units. (2A) For the purposes of subsection (2), the length of a boat is the overall length of the boat determined in accordance with section 10 of the Shipping Registration Act 1981. (3) The offence is an indictable offence. (4) Subsection (1) does not apply if: (a) a foreign fishing licence is in force authorising the use of the boat at the place; or (b) the boat is a Treaty boat and a Treaty licence is in force in respect of the boat authorising the use of the boat at the place. > Note: The defendant bears an evidential burden in relation to the matters in subsection (4). See subsection 13.3(3) of the Criminal Code.