38Regulatory offences

38 Regulatory offences (1) An offence against the Regulations or a management plan is a regulatory offence. (1A) An offence against this Act that would otherwise be an indictable offence, is a summary offence. (2) It is a defence to a prosecution for an offence referred to in subsection (1) if the defendant proves on the balance of probabilities that: (a) any contravention or failure to comply constituting the offence occurred in an emergency and was necessary to preserve life or prevent injury or to protect property in the defendant's possession; or (b) the defendant did not intend to commit the offence, and that: (i) in any case where it is alleged that anything required to be done was not done, the defendant took all reasonable steps to ensure that it was done; or (ii) in any case where it is alleged that anything prohibited was done, that the defendant took all reasonable steps to ensure that it was not done; or Fisheries Act 1988 52 (c) any contravention or failure to comply constituting the offence was authorized by being: (i) in the exercise of a right granted or recognized by law; or (ii) in execution of the law or in obedience to, or in conformity with, the law; or (iii) in obedience to the order of a competent authority whom the defendant is bound by law to obey unless the order is manifestly unlawful (the determination of which is a matter of law); or (iv) pursuant to an authority, permission, or licence lawfully granted. (3) Subsection (2)(b) applies only to an offence prescribed in the Regulations or a fishery management plan to be an offence to which that subsection applies. (4) Subsection (1) does not apply to an offence against the Regulations or a management plan to which Part IIAA of the Criminal Code applies.