Western Australian Consolidated Acts (1) A person must not,
in WA waters, have in the person’s possession or in the person’s
charge a foreign boat equipped with fishing gear.
Penalty: In the case of an individual,
$150 000 and imprisonment for 4 years or, in the case of a body
corporate, $300 000.
(2) It is a defence in
proceedings for an offence against subsection (1) for the person charged
to prove that, at the time of the alleged offence —
(a)
there was in force an authorisation authorising the use of the boat for
fishing in the area where the offence is alleged to have been committed; or
(b) the
boat’s fishing gear was stored and secured and the boat was travelling
by the shortest practicable route —
(i)
to or from a port in the State; or
(ii)
from a point outside WA waters to another point outside
those waters.
[Section 175 amended by No. 28 of 2007
s. 5.]