259Foreign boat equipped with apparatus

### 259 Foreign boat equipped with apparatus > > (1)  A person must not have possession or control of a foreign boat in State waters which is equipped with any apparatus for fishing. > > > > Penalty:  Fine not exceeding 1 000 penalty units or imprisonment for a term not exceeding 1 year. > > > (2)  [*\[Section 259 Subsection (2) amended by No. 7 of 2007, s. 73, Applied:30 Apr 2007\]*](/view/html/inforce/2007-04-30/act-2007-007#GS73@EN) It is a defence in proceedings for an offence under [subsection (1)](#GS259@Gs1@EN) if the defendant establishes that at the time of the alleged offence– > > > > > > (a) an authorisation was in force for the use of the foreign boat in State waters; or > > > > > > > (ab) [*\[Section 259 Subsection (2) amended by No. 45 of 1997, s. 47, Applied:13 Nov 1997\]*](/view/html/inforce/1997-11-13/act-1997-045#GS47@EN) the apparatus was for recreational fishing use only; or > > > > > > > (b) the foreign boat's apparatus for fishing was stored and secured and the boat was at anchor or in port or was travelling by the shortest practicable route– > > > > > > > > > > (i) to or from anchorage or port in the State; or > > > > > > > > > > > (ii) from a point outside State waters to another point outside those waters.