Document ID: chunk:federal_register_of_legislation:C2024C00598:section:24a:p3
Version: federal_register_of_legislation:C2024C00598
Segment Type: section
Provision Reference: s 24A (pt 3/3)
Character Range: 104480–106452

approval of the taking of the action by the person is in operation under Part 9 for the purposes of this section; or
 (b) Part 4 lets the person take the action without an approval under Part 9 for the purposes of this section; or
 (c) there is in force a decision of the Minister under Division 2 of Part 7 that the subsection is not a controlling provision for the action and, if the decision was made because the Minister believed the action would be taken in a manner specified in the notice of the decision under section 77, the action is taken in that manner; or
 (d) the action is an action described in subsection 160(2) (which describes actions whose authorisation is subject to a special environmental assessment process).
Note: The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code.

Defence—fishing in Commonwealth waters managed by State
 (9) Subsections (1) and (2) do not apply to an action if the action:
 (a) is fishing (as defined in the Fisheries Management Act 1991); and
 (b) is included in the class of activities forming a fishery (as defined in that Act) that is managed under the law of a State or the Northern Territory as a result of an agreement made under section 71 or 72 of that Act before the commencement of this section; and
 (c) is permitted under a law of the State or Territory.
Note: The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code.

Defence—fishing outside Commonwealth marine areas
 (10) Subsections (3) and (4) do not apply to an action that:
 (a) is fishing (as defined in the Fisheries Management Act 1991); and
 (b) is permitted under a law of a State or self‑governing Territory.
Note: The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code.

Subdivision FA—Great Barrier Reef Marine Park