21Defences

#### 21 Defences 21 Defences > > (1) It is a defence to a prosecution for an offence under this Division if the person charged satisfies the court that— > > > > > (a) the fish were lawfully taken from or lawfully cultivated in waters to which this Act does not apply, or > > > > > (b) the fish were cultivated under the authority conferred by an aquaculture permit, or > > > > > (c) the fish were taken or in possession under the authority conferred by any other permit under this Act, or > > > > > (d) the person has any other defence that is prescribed by the regulations. > > > (2) Subsection (1)(a) does not apply to the following offences— > > > > > (a) an offence under section 19(3), if the possession of the protected fish is prohibited absolutely by the regulations, > > > > > (b) an offence under section 20(5). > > **s 21:** Am 1997 No 153, Sch 5 \[10\]; 2001 No 104, Sch 1 \[5\]; 2009 No 114, Sch 1 \[25\] \[26\].