### 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) [*\[Section 215 Amended by No. 7 of 2007, s. 56, Applied:30 Apr 2007\]*](/view/html/inforce/2007-04-30/act-2007-007#GS56@EN) 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.

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