36Defence for accidental etc taking of fish

#### 36 Defence for accidental etc taking of fish 36 Defence for accidental etc taking of fish > > (1) It is a defence to a prosecution for an offence against this Act or the regulations relating to the taking of fish if the person charged satisfies the court that, on becoming aware of the taking of the fish, the person took immediate steps to return the fish to its natural environment with the least possible injury. > > > (2) The defence provided under subsection (1) extends to fish taken and immediately released in the course of a sport fishing activity (being an activity conducted in accordance with any requirements of the regulations). > > > (3) The defence provided under subsection (1) is not available in proceedings for an offence under Part 7A. > > > > Note. > > > > See Division 4 of Part 7A for defences to offences under that Part. > > **s 36:** Am 2009 No 114, Sch 1 \[38\].