In any proceedings for an offence under this Act, the onus of proving any of the following statements is on the person making the statement:

(a) that at the time of the alleged offence a person was exempted from the relevant provision of the Act relating to that offence;

(b) that the person –

(i) is an Aborigine; and

(ii) at the time of the alleged offence was engaged in an Aboriginal activity;

(c) that a person, vessel or thing referred to in the complaint was not in State waters;

(d) that fish were taken from waters other than State waters;

(e) that an activity occurred in waters other than State waters.