95Offences

#### 95 Offences (1) A person must not: (a) at a place in the AFZ, engage in commercial fishing unless: (i) the person is, or is acting on behalf of, the holder of a fishing concession, or a scientific permit, that is in force authorising commercial fishing at that place; or (ii) if a Treaty boat is used—a Treaty licence is in force in respect of the boat authorising commercial fishing at that place; or (b) in the AFZ, be in charge of a Treaty boat that is being used for commercial fishing unless a Treaty licence is in force in respect of the boat; or (c) in the AFZ, have a fish in the person’s possession or under his or her control in a boat at a time when the taking of the fish was not authorised by a fishing concession or a scientific permit; or (d) being the holder of a fishing concession, scientific permit, fish receiver permit, port permit or foreign master fishing licence that is in force, contravene a condition of the fishing concession, permit or licence or a provision of a temporary order; or (e) being the holder of a fishing concession, scientific permit, fish receiver permit or port permit that is in force, cause or permit a person acting on his or her behalf to contravene a condition of the fishing concession or permit or a provision of a temporary order, as the case may be; or (f) being a person acting on behalf of the holder of a fishing concession, scientific permit, fish receiver permit or port permit that is in force, contravene a condition of the fishing concession or permit or a provision of a temporary order, as the case may be; or (g) keep or purport to keep a logbook, or furnish or purport to furnish a logbook or return, relating to a matter specified in subsection 42(1B) knowing that the logbook so kept or the logbook or return so furnished contains a statement in respect of that matter that is false or misleading in a material particular. (1AA) Paragraphs (1)(d), (e) and (f) (and the rest of this section so far as it relates to those paragraphs) apply whether the contravention occurs inside or outside the outer limits of the AFZ. (1A) A person does not contravene subsection (1) because of an act or omission that the person is authorised to do, or not to do, as the case may be: (a) under the management plan for the relevant fishery; or (b) under regulations made for the relevant fishery; or (c) in relation to a by‑catch under regulations made for the purposes of paragraph 14(2)(c). (2) A person who contravenes paragraph (1)(a) or (b) with the use of, or in relation to, a foreign boat or in relation to a foreign fishing licence commits an offence punishable on conviction by a fine not exceeding 500 penalty units. (3) An offence mentioned in subsection (2) 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. (4) If an offence mentioned in subsection (2) is dealt with by a court of summary jurisdiction, the penalty that the court may impose is a fine not exceeding 250 penalty units. (5) A person who contravenes subsection (1) in circumstances in which the person does not commit an offence against subsection (2) commits an offence punishable, on conviction, by a fine not exceeding 250 penalty units. (5A) Strict liability applies to subsections (2) and (5). (6) It is a defence to a prosecution for an offence arising under paragraph (1)(c) if the person charged satisfies the court that the fish was not taken in the AFZ. (7) A prosecution for an offence against subsection (2) or (5) may be commenced within 2 years after the commission of the offence.