Defence for certain offences
93A Defence for certain offences
It is a defence in proceedings for an offence under this Division, in relation to the possession of scalefish in excess of a daily possession limit under a fishing licence of class scalefish, if the licence holder establishes that –
the scalefish that were in the possession of the licence holder were taken by the licence holder during a fishing trip that lasted longer than one day; and the scalefish in excess of the daily possession limit for those scalefish – were taken by the licence holder on a previous day of the fishing trip; and were recorded, in accordance with these rules or the Fisheries (Rock Lobster) Rules 2022, on a scalefish return for that previous day.
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