TASIn ForceAct
Living Marine Resources Management Act 1995
215Proof of certain facts
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### 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 –
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> > > > > (i) is an Aborigine; and
> > > >
> > > > > (ii) [*\[Section 215 Amended by No. 7 of 2007, s. 56, Applied:30 Apr 2007\]*](/view/html/inforce/2007-04-30/act-2007-007#GS56@EN) at the time of the alleged offence was engaged in an Aboriginal activity;
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> > > (c) that a person, vessel or thing referred to in the complaint was not in State waters;
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> > > (d) that fish were taken from waters other than State waters;
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> > > (e) that an activity occurred in waters other than State waters.