Commonwealth Consolidated Regulations

FISHERIES MANAGEMENT REGULATIONS 1992 - REG 37D

         (1)   The master of a boat commits an offence if the boat is being navigated in an area that, at the time, is a closed zone for the boat for 24 hours or more .

Penalty:   25 penalty units.

         (2)   Subregulation (1) does not apply to the master of a boat if information given by the boat's vessel monitoring system during the period that the boat was navigated in the closed zone shows that:

                (a)    the boat was navigated in the closed zone for a continuous period of 30 minutes or more; and

               (b)    at all times during the period, the boat was travelling at a speed of at least 5 knots as worked out under subregulation (5).

         (3)   Subregulation (1) does not apply to the master of a boat if:

                (a)    AFMA had given approval for the boat to be navigated in the closed zone because of an unforeseen emergency, or circumstances beyond the control of the master of the boat; and

               (b)    the boat was navigated in the closed zone in accordance with any instructions given by AFMA.

         (4)   An offence against subregulation (1) is an offence of strict liability.

         (5)   For paragraph (2) (b), to work out a boat's speed:

                (a)    for each consecutive pair of points identified by the boat's vessel monitoring system , identify the shortest distance between the pair of points in a straight line; and

               (b)    divide the distance by the time taken by the boat to travel between the two points.