76When a person may discharge offal

#### 76 When a person may discharge offal (1) A person must not discharge offal from a boat while the crew of the boat are setting: (a) a pelagic, or drifting, longline; or (b) a demersal longline; or (c) a trotline; or (d) a dropline. Penalty: 25 penalty units. (2) A person must not discharge offal from a boat while the crew of the boat are hauling a line mentioned in subregulation (1). Penalty: 25 penalty units. (3) Subregulation (2) does not apply if the boat concerned is exempted under regulation 77. > Note: A defendant bears an evidential burden in relation to the matter mentioned in this subregulation—see section 13.3 of the Criminal Code. (4) An offence under subregulation (1) or (2) is an offence of strict liability. > Note: For strict liability, see section 6.1 of the Criminal Code. (5) It is a defence to a prosecution under subregulation (2) if: (a) it is not practical to store offal on the boat until the crew has finished hauling the line; and (b) the offal is discharged during hauling: (i) while the vessel is not under way; and (ii) from the opposite side of the vessel to that where the line is being hauled. > Note: A defendant bears an evidential burden in relation to the matter mentioned in this subregulation—see section 13.3 of the Criminal Code.