Commonwealth Consolidated Acts

TORRES STRAIT FISHERIES ACT 1984 - SECT 46

             (1)  Where a court convicts a person of an offence:

                     (a)  arising out of a contravention of paragraph 45(1)(d), (e) or (f); or

                     (b)  arising out of a contravention of paragraph 44(1)(a) (not being an offence to which section 56 applies);

the court may, in addition to imposing a penalty in respect of the offence, order that the person shall not, during such period as the court determines, be on a boat in an area of Australian jurisdiction with the intention of engaging in commercial fishing.

             (2)  A person who contravenes an order of a court made pursuant to subsection (1) is guilty of an offence punishable, on conviction, by a fine not exceeding 20 penalty units or imprisonment for a period not exceeding 12 months, or both.

             (3)  In subsection (2), strict liability applies to the physical element of circumstance, that the relevant boat is in an area of Australian jurisdiction.

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