103Foreign boats not to land fish in Australia

#### 103 Foreign boats not to land fish in Australia (1) A person commits an offence if: (a) the person is the master of a foreign boat; and (b) the person intentionally lands or tranships (or causes to be landed or transhipped) fish from the boat at a place; and (c) the place is in Australia or an external Territory and the person is reckless as to that fact. (1A) The offence is punishable on conviction by a fine not more than 500 penalty units. (1B) Subsection (1) does not apply if: (a) the fish were landed or transhipped in accordance with: (i) the terms of a foreign fishing licence; or (ii) an entry under paragraph 21(2)(b) of the Torres Strait Fisheries Act 1984; or (iii) the terms of an approval given by the Minister; or (b) the person has a reasonable excuse for causing the fish to be landed or transhipped. > Note: The defendant bears an evidential burden in relation to the matter in subsection (1B). See subsection 13.3(3) of the Criminal Code. (1C) The Minister may give a person written approval of the landing or transhipment of fish. The approval may be expressed to be subject to conditions. (1D) The conditions to which an approval may be expressed to be subject include: (a) a condition that the person (the approved person) to whom the approval relates notify a specified person of the landing or transhipment; and (b) a condition that the approved person give a specified person a return of the species and quantity of fish landed or transhipped; and (c) a condition that the landing or transhipment occur under the supervision of a specified person. This does not limit subsection (1C). (2) An offence against this section is an indictable offence but may be heard and determined, with the consent of the prosecutor and the defendant, by a court of summary jurisdiction. (3) If an offence is dealt with by a court of summary jurisdiction, the penalty that the court may impose is a fine not exceeding 250 penalty units. (4) An offence under subsection (1) is an offence of strict liability. > Note: For strict liability, see section 6.1 of the Criminal Code.