100BUsing foreign boat for fishing in territorial sea within AFZ

#### 100B Using foreign boat for fishing in territorial sea within 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 that is, at the time of the use, in a part of the territorial sea of Australia that is in the AFZ. Penalty: (a) if the boat involved in the offence has a length of, or exceeding, 24 metres—7,500 penalty units or 3 years imprisonment, or both; or (b) if the boat involved in the offence has a length of less than 24 metres—5,000 penalty units or 2 years imprisonment, or both. (1A) Strict liability applies to paragraph (1)(d). > Note: For strict liability, see section 6.1 of the Criminal Code. (2) The reference to the AFZ in paragraph (1)(d) does not include a reference to coastal waters taken to be in the AFZ because of section 76. (3) For the purposes of the penalty at the end of subsection (1), the length of a boat is the overall length of the boat determined in accordance with section 10 of the Shipping Registration Act 1981. (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.