73DDefences to prosecutions under regulation 73C

#### 73D Defences to prosecutions under regulation 73C (1) It is a defence to a prosecution under subregulation 73C(1), (2) or (3) if, throughout the period during which the dory was detached from the primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park, the dory: (a) was in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP‑13‑1015 (Night Island); and (b) stayed within 500 metres of a fishing industry service vessel for which a permission is in force. (2) Also, it is a defence to a prosecution under subregulation 73C(1), (2) or (3) if, throughout the period during which the dory was detached from the primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park: (a) the dory was engaged in: (i) the rescue, or attempted rescue, of an endangered person; or (ii) the provision of assistance to an endangered aircraft, vessel or other structure to prevent or mitigate the occurrence of damage to the environment or to the aircraft, vessel or structure; and (b) any equipment on the dory normally used for fishing or collecting was stowed or secured. (3) In addition, it is a defence to a prosecution under subregulation 73C(1), (2) or (3) if, throughout the period during which the dory was detached from the primary commercial fishing vessel while the dory was in a non‑fishing area of the Marine Park: (a) the dory was engaged in the conveyance of a person on a direct journey from land to the primary vessel, or from the primary vessel to land; and (b) at all times during the period of the conveyance, the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs); and (c) any equipment on the dory normally used for fishing or collecting was stowed or secured. > Note: A defendant bears an evidential burden in relation to a matter mentioned in subregulation (1), (2) or (3) (see subsection 13.3(3) of the Criminal Code). (4) In this regulation: > non‑fishing area of the Marine Park has the same meaning as in regulation 73C.