sec.14Defence for Aboriginal peoples and Torres Strait Islander peoples for particular offences

### sec.14 Defence for Aboriginal peoples and Torres Strait Islander peoples for particular offences It is a defence in a proceeding against a person for an offence against this Act relating to the taking, using or keeping of fisheries resources, or the using of fish habitats, for the person to prove— the person is an Aboriginal person, who at the time of the offence was acting under Aboriginal tradition, or the person is a Torres Strait Islander person, who at the time of the offence was acting under Ailan Kastom; and the taking, using or keeping of the fisheries resources, or the using of the fish habitats, was for the purpose of satisfying a personal, domestic or non-commercial communal need of the Aboriginal person or Torres Strait Islander person; and depending on whichever of the following applies— for an offence relating to the taking or using of fisheries resources, or the using of fish habitats—the taking or using of the fisheries resources, or using of the fish habitats, was carried out using prescribed fishing apparatus in waters other than prescribed waters; for an offence relating to the keeping of fisheries resources— the fisheries resources kept were taken using prescribed fishing apparatus in waters other than prescribed waters; and at the time of the offence, the fisheries resources were not in prescribed waters. However, subsection (1) is subject to a provision of a regulation that expressly applies to acts done under Aboriginal tradition or Ailan Kastom. In this section— prescribed fishing apparatus means— fishing apparatus that is recreational fishing apparatus under a regulation or declaration; or fishing apparatus that is used under Aboriginal tradition or Ailan Kastom, and prescribed specifically under a regulation for the purpose of this section. prescribed waters means waters— that are regulated waters under a regulated waters declaration; and that are prescribed specifically under a regulation for the purpose of this section; and where the taking of any fish, or the possession of any fish taken, by any person is prohibited. s 14 amd 2000 No. 26 s 13 sch 2 ; 2008 No. 41 s 4 ; 2019 No. 6 s 3 sch 1 ; 2024 No. 17 s 137 (sec.14-ssec.1) It is a defence in a proceeding against a person for an offence against this Act relating to the taking, using or keeping of fisheries resources, or the using of fish habitats, for the person to prove— the person is an Aboriginal person, who at the time of the offence was acting under Aboriginal tradition, or the person is a Torres Strait Islander person, who at the time of the offence was acting under Ailan Kastom; and the taking, using or keeping of the fisheries resources, or the using of the fish habitats, was for the purpose of satisfying a personal, domestic or non-commercial communal need of the Aboriginal person or Torres Strait Islander person; and depending on whichever of the following applies— for an offence relating to the taking or using of fisheries resources, or the using of fish habitats—the taking or using of the fisheries resources, or using of the fish habitats, was carried out using prescribed fishing apparatus in waters other than prescribed waters; for an offence relating to the keeping of fisheries resources— the fisheries resources kept were taken using prescribed fishing apparatus in waters other than prescribed waters; and at the time of the offence, the fisheries resources were not in prescribed waters. (sec.14-ssec.2) However, subsection (1) is subject to a provision of a regulation that expressly applies to acts done under Aboriginal tradition or Ailan Kastom. (sec.14-ssec.3) In this section— prescribed fishing apparatus means— fishing apparatus that is recreational fishing apparatus under a regulation or declaration; or fishing apparatus that is used under Aboriginal tradition or Ailan Kastom, and prescribed specifically under a regulation for the purpose of this section. prescribed waters means waters— that are regulated waters under a regulated waters declaration; and that are prescribed specifically under a regulation for the purpose of this section; and where the taking of any fish, or the possession of any fish taken, by any person is prohibited. - (a) the person is an Aboriginal person, who at the time of the offence was acting under Aboriginal tradition, or the person is a Torres Strait Islander person, who at the time of the offence was acting under Ailan Kastom; and - (b) the taking, using or keeping of the fisheries resources, or the using of the fish habitats, was for the purpose of satisfying a personal, domestic or non-commercial communal need of the Aboriginal person or Torres Strait Islander person; and - (c) depending on whichever of the following applies— (i) for an offence relating to the taking or using of fisheries resources, or the using of fish habitats—the taking or using of the fisheries resources, or using of the fish habitats, was carried out using prescribed fishing apparatus in waters other than prescribed waters; (ii) for an offence relating to the keeping of fisheries resources— (A) the fisheries resources kept were taken using prescribed fishing apparatus in waters other than prescribed waters; and (B) at the time of the offence, the fisheries resources were not in prescribed waters. - (i) for an offence relating to the taking or using of fisheries resources, or the using of fish habitats—the taking or using of the fisheries resources, or using of the fish habitats, was carried out using prescribed fishing apparatus in waters other than prescribed waters; - (ii) for an offence relating to the keeping of fisheries resources— (A) the fisheries resources kept were taken using prescribed fishing apparatus in waters other than prescribed waters; and (B) at the time of the offence, the fisheries resources were not in prescribed waters. - (A) the fisheries resources kept were taken using prescribed fishing apparatus in waters other than prescribed waters; and - (B) at the time of the offence, the fisheries resources were not in prescribed waters. - (i) for an offence relating to the taking or using of fisheries resources, or the using of fish habitats—the taking or using of the fisheries resources, or using of the fish habitats, was carried out using prescribed fishing apparatus in waters other than prescribed waters; - (ii) for an offence relating to the keeping of fisheries resources— (A) the fisheries resources kept were taken using prescribed fishing apparatus in waters other than prescribed waters; and (B) at the time of the offence, the fisheries resources were not in prescribed waters. - (A) the fisheries resources kept were taken using prescribed fishing apparatus in waters other than prescribed waters; and - (B) at the time of the offence, the fisheries resources were not in prescribed waters. - (A) the fisheries resources kept were taken using prescribed fishing apparatus in waters other than prescribed waters; and - (B) at the time of the offence, the fisheries resources were not in prescribed waters. - (a) fishing apparatus that is recreational fishing apparatus under a regulation or declaration; or - (b) fishing apparatus that is used under Aboriginal tradition or Ailan Kastom, and prescribed specifically under a regulation for the purpose of this section. - (a) that are regulated waters under a regulated waters declaration; and - (b) that are prescribed specifically under a regulation for the purpose of this section; and - (c) where the taking of any fish, or the possession of any fish taken, by any person is prohibited.