Document ID: chunk:federal_register_of_legislation:C2024C00598:section:212:p2
Version: federal_register_of_legislation:C2024C00598
Segment Type: section
Provision Reference: s 212 (pt 2/3)
Character Range: 564377–566773

accordance with a permit issued under regulations made under the Great Barrier Reef Marine Park Act 1975 and in force; or
 (k) an action provided for by, and taken in accordance with, a plan or regime that is accredited under section 222A; or
 (l) an action, to the extent that it is covered by subsection 517A(7); or
 (m) an action provided for by, and done in accordance with, a conservation agreement in force under Part 14; or
 (n) an action taken in a Commonwealth reserve in accordance with a management plan made under Part 15 and in operation for the reserve; or
 (o) an action provided for by, and taken in accordance with, a traditional use of marine resources agreement that:
 (i) was made and accredited in accordance with regulations made under the Great Barrier Reef Marine Park Act 1975; and
 (ii) is in force; or
 (p) an action that is taken in accordance with a permit that:
 (i) was issued under the Antarctic Treaty (Environment Protection) Act 1980 or under regulations made under that Act; and
 (ii) is in force; or
 (q) an action that consists of the transit of a member through a Commonwealth area in circumstances where the member was:
 (i) obtained from an area that is not a Commonwealth area; or
 (ii) taken from a Commonwealth area in circumstances covered by paragraph (a), (c), (d), (da), (db), (j), (k), (m), (n), (o) or (p); or
 (r) an action that is taken in the course of recreational fishing and the action:
 (i) consists of, or involves, taking, trading, keeping or moving; or
 (ii) results in the death or injury of;
  a shortfin mako shark, a longfin mako shark or a porbeagle shark.
Note: A defendant bears an evidential burden in relation to the matters in this section. See subsection 13.3(3) of the Criminal Code.
 (2) For the purposes of paragraph (1)(r), recreational fishing includes (but is not limited to) the following types of fishing:
 (a) fishing from a charter boat (within the meaning of the Fisheries Management Act 1991), including fishing by the person in charge of the boat, the crew of the boat or any other person on the boat;
 (b) fishing in a fishing competition (whether or not in a professional capacity);
 (c) fishing that is undertaken primarily for:
 (i) inclusion on a website, or in a film, video, television program or radio program; or
 (ii) description or representation in a magazine, newspaper, book or other such document.