241Defence available under this Act

1. Subject to this section, it is a defence in any proceedings for an offence against this Act (other than an offence against section 231 or section 233 or section 235 or section 257(2) or section 296B(5) or section 296ZC(3)(b) or (c)), if the defendant proves—

2. that—
   1. the contravention was due to the act or default of another person, or to an accident or to some other cause beyond the defendant's control; and
   2. the defendant took reasonable precautions and exercised due diligence to avoid the contravention; and
3. in the case of an offence concerning the taking of any fish, aquatic life, or seaweed in contravention of any provision of this Act prohibiting the taking, or requiring the taking to be under the authority of a licence, permit, or other authorisation issued under this Act, that—
   1. the defendant immediately returned the fish, aquatic life, or seaweed to the waters from which they were taken except where such return was prohibited by this Act; and
   2. the defendant complied with all the material requirements of this Act in respect of the recording and reporting of the taking, return, or landing of the fish, aquatic life, or seaweed.

4. Repealed

5. A defendant is not, without leave of the court, entitled as part of a defence provided by this section to rely on any of the matters specified in subsection (1)(a) unless the defendant has, not later than 7 days before the date on which the hearing of the proceedings commences, served on the prosecutor a notice in writing identifying the person or the nature of the accident or cause relied on by the defendant.