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] It is a defence in proceedings for an offence under subsection (1) 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] 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.