215Proof of certain facts

215 Proof of certain facts

In any proceedings for an offence under this Act, the onus of proving any of the following statements is on the person making the statement:

(a) that at the time of the alleged offence a person was exempted from the relevant provision of the Act relating to that offence;

(b) that the person –

(i) is an Aborigine; and

(ii) [Section 215 Amended by No. 7 of 2007, s. 56, Applied:30 Apr 2007] at the time of the alleged offence was engaged in an Aboriginal activity;

(c) that a person, vessel or thing referred to in the complaint was not in State waters;

(d) that fish were taken from waters other than State waters;

(e) that an activity occurred in waters other than State waters.