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CONTINENTAL SHELF (LIVING NATURAL RESOURCES) AMENDMENT ACT 1978 No. 100 of 1978 - SECT 3

Offences in relation to licences and unlicensed operations
3. Section 15 of the Principal Act is amended by omitting sub-section (6) and
substituting the following sub-sections:

''(6) Subject to sub-sections (6A) and (6B), it is a defence to a prosecution
for an offence against sub-section (1), (2), (3) or (4) if the person charged
with the offence proves-

   (a)  in the case of an offence against sub-section (1)-that he was not
        searching for or taking sedentary organisms for a commercial purpose;

   (b)  in the case of an offence against sub-section (2)-that he was not
        using a ship in searching for or taking sedentary organisms for a
        commercial purpose;

   (c)  in the case of an offence against sub-section (3)-that he did not have
        a ship in his possession or in his charge for use in searching for or
        taking sedentary organisms for a commercial purpose; or

   (d)  in the case of an offence against sub-section (4)-that the diver,
        trial diver or diver's tender was not employed or on board the ship
        for the purpose of searching for or taking sedentary organisms for a
        commercial purpose.

''(6A) Proof of the matter referred to in paragraph (a) of sub-section (6) is
not a defence to a prosecution for an offence against sub-section (1) if a
foreign ship was used for searching for or taking the sedentary organisms
concerned.

''(6B) Proof of a matter referred to in paragraph (b), (c) or (d) of
sub-section (6) is not a defence to a prosecution for an offence against
sub-section (2), (3) or (4), as the case may be, if the ship concerned was a
foreign ship.''. 


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