Document ID: chunk:federal_register_of_legislation:C2004A00699:clause:1_15
Version: federal_register_of_legislation:C2004A00699
Segment Type: clause
Provision Reference: sch 1 cl 15
Character Range: 18671–20287

15  Exceptions to certain offences

 (1) Sections 10A and 10B do not apply in relation to:
 (a) dumping into waters that are not Australian waters; or
 (b) incineration at sea in waters that are not Australian waters;
if the dumping or incineration is in accordance with a permit granted in accordance with the Protocol by a party to the Protocol (other than Australia).

 (2) Section 10C does not apply in relation to loading for the purpose of:
 (a) dumping into waters that are not Australian waters; or
 (b) incineration at sea in waters that are not Australian waters;
if the loading is in accordance with a permit granted in accordance with the Protocol by a party to the Protocol (other than Australia).

 (3) Section 10A, 10B, 10C, 10E or 36 does not apply if:
 (a) the relevant conduct was necessary to secure the safety of human life or of a vessel, aircraft or platform in a case of force majeure caused by stress of weather; or
 (b) the relevant conduct appeared to be the only way of averting a threat to human life, or to the safety of a vessel, aircraft or platform, and there was every probability that the damage caused by the conduct would be less than would otherwise occur;
and, in either case:
 (c) the relevant conduct was so carried out as to minimise the likelihood of damage to human or marine life; and
 (d) a report of the relevant conduct, setting out the prescribed information, was given to the Minister as soon as practicable after the conduct occurred.

 (4) In a proceedings for an offence, the defendant bears the evidential burden of proving an exception set out in this section.