Document ID: chunk:federal_register_of_legislation:C2004A00925:clause:3_19
Version: federal_register_of_legislation:C2004A00925
Segment Type: clause
Provision Reference: sch 3 cl 19
Character Range: 41329–41857

19  Subsection 11(4)
Repeal the subsection, substitute:

 (4) Subsection (3) does not apply to a person in relation to a prescribed incident in relation to a ship if:
 (a) the person was not aware of the incident; or
 (b) in the case of a prescribed incident to which paragraph (3)(a) applies—the person neither knew nor suspected that the master of the ship had not complied with subsection (1) in relation to the incident.

Note: The defendant bears an evidential burden of proof of the matters mentioned in this subsection.