Commonwealth Numbered Acts

TORRES STRAIT FISHERIES ACT 1984 NO. 23 OF 1984 - SECT. 44.

44. (1) A person shall not-

   (a)  do an act in an area of Australian jurisdiction that the person is
        prohibited from doing by a notice in force under section 16;

   (b)  have in his possession, or under his control, fish of a kind the
        taking of which is prohibited by a notice in force under section 16;
        or

   (c)  use a boat to search for fish in an area of Australian jurisdiction
        for the purpose of engaging in commercial fishing, being fish the
        taking of which from that area is prohibited by a notice in force
        under section 16.

(2) A person who contravenes sub-section (1) in circumstances in which he is
not guilty of an offence by virtue of sub-section (3) is guilty of an offence
punishable, on conviction, by a fine not exceeding $1,000.

(3) A person who contravenes sub-section (1) with the use of a foreign boat is
guilty of an offence punishable-

   (a)  where the person was, at the time when the offence was committed, the
        master of the boat-

        (i)    on summary conviction-by a fine not exceeding $5,000; and

        (ii)   on conviction on indictment-by a fine not exceeding $50,000;
               and

   (b)  in any other case-

        (i)    on summary conviction-by a fine not exceeding $2,000; and

        (ii)   on conviction on indictment-by a fine not exceeding $10,000.

(4) For the purposes of paragraph (1) (a), an act done by an employee or agent
of a person shall be deemed to have also been done by the person.

(5) It is a defence to a prosecution for an offence against paragraph (1) (b)
in relation to a notice under section 16 if the person charged satisfies the
court that-

   (a)  the taking of the fish was not in contravention of that notice; or

   (b)  the fish were taken in an area that is not an area of Australian
        jurisdiction.