Fisheries Act 1996

International fishing - Compliance with conditions and regulations

113J: Compliance with conditions and regulations

You could also call this:

"Follow the rules when fishing with an international permit"

Illustration for Fisheries Act 1996

If you take fish, aquatic life, or seaweed under an international fishing permit, you must follow the conditions of the permit under section 113K and any regulations made under section 297. You will commit an offence if you do not follow these conditions and you can be penalised as stated in section 252(5). It is a defence if you can prove you were in another country and had to follow their law. If you want to use this defence, you must tell the prosecutor within 20 working days of pleading not guilty. You must provide the relevant law of the foreign country and the reasons why you had to follow it. You cannot use this defence without the court's permission. You must follow the rules when taking fish, aquatic life, or seaweed under an international fishing permit. This includes following the conditions of the permit and any regulations. If you do not follow the rules, you can commit an offence and be penalised.

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113I: Term and content of international fishing permit, or

"What's in an international fishing permit and how long it lasts"


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113K: Conditions of international fishing permit, or

"Rules to Follow with an International Fishing Permit"

Part 6AInternational fishing
Compliance with conditions and regulations

113JCompliance with conditions and regulations

  1. A person taking fish, aquatic life, or seaweed under the authority of an international fishing permit must comply with—

  2. any conditions to which the permit is subject under section 113K; and
    1. any regulations made under section 297.
      1. Every person who contravenes a condition to which an international fishing permit is subject under section 113K commits an offence and is liable to the penalty set out in section 252(5).

      2. Without limiting the application of section 241, it is a defence to any offence under subsection (2) if the defendant proves that—

      3. the defendant was in the national fisheries jurisdiction of a foreign country when the contravention occurred; and
        1. the contravention was necessary to comply with the law of the foreign country.
          1. A defendant is not, without leave of the court, entitled to rely on the defence unless the defendant has, within 20 working days after pleading not guilty to the offence, served on the prosecutor a notice in writing that specifies—

          2. the relevant law of the foreign country; and
            1. the reasons why the contravention was necessary to comply with the law.
              Notes
              • Section 113J: inserted, on , by section 16 of the Fisheries Act 1996 Amendment Act (No 2) 1999 (1999 No 103).
              • Section 113J(1): amended, on , by section 31(1) of the Fisheries (International Fishing and Other Matters) Amendment Act 2025 (2025 No 18).
              • Section 113J(2): amended, on , by section 31(1) of the Fisheries (International Fishing and Other Matters) Amendment Act 2025 (2025 No 18).
              • Section 113J(3): inserted, on , by section 31(2) of the Fisheries (International Fishing and Other Matters) Amendment Act 2025 (2025 No 18).
              • Section 113J(4): inserted, on , by section 31(2) of the Fisheries (International Fishing and Other Matters) Amendment Act 2025 (2025 No 18).