212Certain actions are not offences

212  Certain actions are not offences  (1) Sections 211, 211A, 211B, 211C, 211D and 211E do not apply to:  (a) an action authorised by a permit that was issued under section 216 and is in force; or  (b) an action provided for by, and taken in accordance with, a wildlife conservation plan made or adopted under Division 5 and in force; or  (c) an action that is covered by an approval in operation under Part 9 for the purposes of subsection 20(1) or 20A(1) or (2); or  (i) is one of a class of actions declared by the Minister under section 33 not to require an approval under Part 9 for the purposes of subsection 20(1) or 20A(1) or (2); and  (ii) is taken in accordance with a management arrangement or an authorisation process that is an accredited management arrangement or an accredited authorisation process for the purposes of the declaration; or  (i) is an action, or one of a class of actions, declared by the Minister under section 37A not to require an approval under Part 9 for the purposes of subsection 20(1) or 20A(1) or (2); and  (db) in the case of sections 211B, 211C, 211D and 211E—an action that is trading, keeping or moving a member of a listed migratory species, if:  (i) when the member of the species was taken, the species was not a listed migratory species; and  (ii) the trading, keeping or moving of the member of the species occurs during the period of 6 months that started when the species became a listed migratory species; or  (e) an action that is taken in a humane manner and is reasonably necessary to relieve or prevent suffering by a member of a listed migratory species; or  (g) an action by a Commonwealth agency, or an agency of a State or of a self‑governing Territory, that is reasonably necessary for the purposes of law enforcement; or  (h) an action that is reasonably necessary to deal with an emergency involving a serious threat to human life or property; or  (i) an action that occurs as a result of an unavoidable accident, other than an accident caused by negligent or reckless behaviour; or  (j) an action that is taken in accordance with a permit issued under regulations made under the Great Barrier Reef Marine Park Act 1975 and in force; or  (k) an action provided for by, and taken in accordance with, a plan or regime that is accredited under section 222A; or  (n) an action taken in a Commonwealth reserve in accordance with a management plan made under Part 15 and in operation for the reserve; or  (i) was issued under the Antarctic Treaty (Environment Protection) Act 1980 or under regulations made under that Act; and  (q) an action that consists of the transit of a member through a Commonwealth area in circumstances where the member was:  (ii) taken from a Commonwealth area in circumstances covered by paragraph (a), (c), (d), (da), (db), (j), (k), (m), (n), (o) or (p); or  (r) an action that is taken in the course of recreational fishing and the action:  (i) consists of, or involves, taking, trading, keeping or moving; or  (ii) results in the death or injury of;   a shortfin mako shark, a longfin mako shark or a porbeagle shark. Note: A defendant bears an evidential burden in relation to the matters in this section. See subsection 13.3(3) of the Criminal Code.  (2) For the purposes of paragraph (1)(r), recreational fishing includes (but is not limited to) the following types of fishing:  (a) fishing from a charter boat (within the meaning of the Fisheries Management Act 1991), including fishing by the person in charge of the boat, the crew of the boat or any other person on the boat;  (b) fishing in a fishing competition (whether or not in a professional capacity);  (c) fishing that is undertaken primarily for:  (i) inclusion on a website, or in a film, video, television program or radio program; or  (ii) description or representation in a magazine, newspaper, book or other such document.