16Defence—blue drummer taken from Lord Howe Island waters

16 Defence—blue drummer taken from Lord Howe Island waters

16 Defence—blue drummer taken from Lord Howe Island waters

(1) For the purposes of section 21 (1) (d) of the Act, it is a defence to a prosecution for an offence under section 19 (2) or (3) of the Act (relating to the taking or possession of blue drummer) if the person charged satisfies the court that—

(a) the blue drummer were taken from Lord Howe Island waters, and

(b) the person’s possession of the fish would, but for the fish being protected fish, be lawful.

(2) In this clause, blue drummer means fish of the species Girella cyanea, commonly known as blue drummer or bluefish.