Muslimin v The Queen

The appeal concerned a conviction under section 101 of the *Fisheries Management Act 1991* (Cth) for possessing a foreign boat equipped for fishing for sedentary organisms in waters above the Australian continental shelf but outside the Australian Fishing Zone. The appellant, the master of an Indonesian-flagged vessel, was found with equipment capable of being used for fishing for trepang (Beche-de-mer). The vessel lacked the necessary Australian permits for such activity.

The central legal issue before the Full Court of the Federal Court of Australia was the proper construction of section 101 of the Act, specifically whether its prohibition on possessing fishing equipment for sedentary organisms extended to waters above the Australian continental shelf that were not within the Australian Fishing Zone. This involved considering the scope of Australian law in such areas and the interpretation of section 12(2) of the Act in relation to section 101.

The Court reasoned that the conviction was sound, finding that the appellant's admissions and the presence of the specific equipment on board were sufficient to establish the offence. The Court determined that section 101 of the Act, when read in conjunction with the relevant provisions concerning the application of Australian law to the continental shelf, applied to the circumstances. The presence of the equipment, capable of being used for fishing sedentary organisms, was sufficient, and the absence of actual fishing or immediate preparation to fish was not a defence. The Court concluded that the trial judge was not required to give specific directions to the jury regarding whether the equipment was indeed for fishing sedentary organisms, given the admissions made.

The appeal was dismissed.