### 258 Use of foreign boat > > (1) A person must not use a foreign boat for fishing in State waters. > > > > Penalty: Fine not exceeding 5 000 penalty units or imprisonment for a term not exceeding 2 years, or both. > > > (2) [*\[Section 258 Subsection (2) amended by No. 7 of 2007, s. 72, Applied:30 Apr 2007\]*](/view/html/inforce/2007-04-30/act-2007-007#GS72@Hpb@EN) [*\[Section 258 Subsection (2) amended by No. 7 of 2007, s. 72, Applied:30 Apr 2007\]*](/view/html/inforce/2007-04-30/act-2007-007#GS72@Hpa@EN) [*\[Section 258 Subsection (2) amended by No. 45 of 1997, s. 46, Applied:13 Nov 1997\]*](/view/html/inforce/1997-11-13/act-1997-045#GS46@EN) It is a defence in proceedings for an offence under [subsection (1)](#GS258@Gs1@EN) if the defendant establishes that at the time of the alleged offence an authorisation was in force for the use of the foreign boat in State waters or that the defendant was using the foreign boat for recreational fishing.

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