Part 6AInternational fishing
Compliance with conditions and regulations
113JCompliance with conditions and regulations
A person taking fish, aquatic life, or seaweed under the authority of an international fishing permit must comply with—
- any conditions to which the permit is subject under section 113K; and
- any regulations made under section 297.
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).
Without limiting the application of section 241, it is a defence to any offence under subsection (2) if the defendant proves that—
- the defendant was in the national fisheries jurisdiction of a foreign country when the contravention occurred; and
- the contravention was necessary to comply with the law of the foreign country.
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—
- the relevant law of the foreign country; and
- 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).


