Northern Territory Consolidated Acts

FISHERIES ACT - SECT 38

(1) An offence against this Act is a regulatory offence.

(2) It is a defence to a prosecution for an offence referred to in subsection (1) if the defendant proves on the balance of probabilities that -

(a) any contravention or failure to comply constituting the offence occurred in an emergency and was necessary to preserve life or prevent injury or to protect property in the defendant's possession;

(b) the defendant did not intend to commit the offence, and that -

(i) in any case where it is alleged that anything required to be done was not done, the defendant took all reasonable steps to ensure that it was done; or

(ii) in any case where it is alleged that anything prohibited was done, that the defendant took all reasonable steps to ensure that it was not done; or

(c) any contravention or failure to comply constituting the offence was authorized by being -

(i) in the exercise of a right granted or recognized by law;

(ii) in execution of the law or in obedience to, or in conformity with, the law;

(iii) in obedience to the order of a competent authority whom the defendant is bound by law to obey unless the order is manifestly unlawful (the determination of which is a matter of law); or

(iv) pursuant to an authority, permission, or licence lawfully granted.

(3) Subsection (2)(b) applies only to an offence prescribed in the Regulations or a fishery management plan to be an offence to which that subsection applies.