Muslimin v The Queen

Criminal law – Statutes - Extension of offence provision - Fisheries Management Act 1991 (Cth) ("Act"), s 101, created offence of, in certain circumstances, being in possession of foreign boat within Australian Fishing Zone ("AFZ") equipped with nets, traps or other equipment for fishing - Section 12(2) of Act stated that provisions in Act or regulations made in relation to fishing in AFZ extend, to extent capable of doing so, to fishing for sedentary organisms in or on any part of Australian continental shelf not within AFZ as if they were in AFZ - Section 4 of Act defined "fishing" as one or more forms of identified activity - Where appellant indicted for being in possession of, at a place in the waters above Australian continental shelf not within AFZ, foreign boat equipped with nets, traps or other equipment for fishing for sedentary organisms - Whether indictment disclosed offence - Whether s 12(2) extended operation of s 101 to waters above Australian continental shelf not within AFZ - Whether s 101 a provision made "in relation to fishing".

Words and phrases – "Australian Fishing Zone", "fishing", "in relation to".

Fisheries Management Act 1991 (Cth) – ss 4, 12(2), 101.