Document ID: chunk:federal_register_of_legislation:C2007A00141:clause:1_2
Version: federal_register_of_legislation:C2007A00141
Segment Type: clause
Provision Reference: sch 1 cl 2
Character Range: 2455–3712

2  After subsection 12(3)
Insert:

 (3A) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the conduct referred to in paragraph (2)(a) was engaged in:
 (a) the defendant was engaged in recreational activities in a national park, a Northern Territory park or an area covered by a declaration made by the Commonwealth Minister under subsection (8A); and
 (b) the activities were organised by a person whose business consists of or includes operating tours for tourists; and
 (c) if the area is a park—the activities are consistent with the management plan or similar document (if any) for the park; and
 (d) if the conduct is conduct referred to in subparagraph (2)(a)(iii)—the defendant was behaving in a responsible manner.

 (3B) In subsection (3A), recreational activities does not include an activity the sole or primary purpose of which is the consumption of liquor.

 (3C) It is a defence to a prosecution for an offence against subparagraph (2)(a)(i) or (ii) if the defendant proves that, at the time the conduct referred to in that subparagraph was engaged in, the defendant was engaging in the conduct for the purpose of engaging in recreational activities covered by subsection (3A).