Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person must not, in the AFZ, take blue marlin ( Makaira mazara ) or black marlin ( Makaira indica ) unless the person:
(a) is the holder of a scientific permit that authorises the taking of the fish; or
(b) takes the fish in the course of recreational fishing (whether from a charter boat or otherwise).
(2) It is a defence to a prosecution for an offence against this section if the person charged satisfies the court that, upon becoming aware of the taking of the fish, he or she took steps immediately to return the fish to its natural environment.
(3) An offence under this section is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .