16Identification of the name of a foreign boat

16 Identification of the name of a foreign boat

(1) The master of a foreign boat that is being used in the AFZ under a foreign fishing licence must show the boat’s name on the boat in accordance with subregulations (2) to (4).

Penalty: 25 penalty units.

(1A) It is a defence to a prosecution under subregulation (1) if the defendant has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter set out in this subregulation—see section 13.3 of the Criminal Code.

(2) The name must be shown: (a) on both sides of the boat’s bow; and (b) on the boat’s stern. (3) The name must be shown by characters of a colour that contrasts with the colour of the characters’ background. (4) The characters must be: (a) Roman capital letters, or Arabic numerals, without ornamentation; and (b) at least 45 centimetres high. (5) An offence under subregulation (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.