93ADefence for certain offences

93A Defence for certain offences

[Rule 93A Inserted by S.R. 2023, No. 71, Applied:01 Nov 2023] It is a defence in proceedings for an offence under this Division, in relation to the possession of scalefish in excess of a daily possession limit under a fishing licence of class scalefish, if the licence holder establishes that –

(a) the scalefish that were in the possession of the licence holder were taken by the licence holder during a fishing trip that lasted longer than one day; and

(b) the scalefish in excess of the daily possession limit for those scalefish –

(i) were taken by the licence holder on a previous day of the fishing trip; and

(ii) were recorded, in accordance with these rules or the Fisheries (Rock Lobster) Rules 2022, on a scalefish return for that previous day.