13Defence—fish taken by commercial fisher

#### 13 Defence—fish taken by commercial fisher 13 Defence—fish taken by commercial fisher > > (1) For the Act, section 21(1)(d), it is a defence to a prosecution for an offence under the Act, section 18 relating to contravening a possession limit specified in this division or Schedule 1 if the person charged satisfies the court that the person purchased or otherwise acquired the fish from another person and either of the following applies— > > > > > (a) the person charged is the first purchaser of the fish and both of the following applied or the person had no reasonable grounds to suspect both of the following did not apply— > > > > > > > (i) the fisher from whom the person purchased or otherwise acquired the fish was a commercial fisher, > > > > > > > (ii) both the taking and the possession of the fish by the commercial fisher were lawful, > > > > > (b) the person charged is not the first purchaser of the fish and all of the following applied or the person had no reasonable grounds to suspect all of the following did not apply— > > > > > > > (i) the fisher from whom the first purchaser purchased or otherwise acquired the fish was a commercial fisher, > > > > > > > (ii) both the taking and the possession of the fish by the commercial fisher were lawful, > > > > > > > (iii) the possession of the fish by the first purchaser, and by each other person, if any, who possessed the fish before the person charged, was lawful. > > > (2) In this clause— > > > > first purchaser means the person who purchases or otherwise acquires the fish from the fisher who took the fish. > > **cl 13:** Subst 2026 (61), Sch 1\[3\].