Document ID: chunk:federal_register_of_legislation:C2024C00540:section:26d:p3
Version: federal_register_of_legislation:C2024C00540
Segment Type: section
Provision Reference: s 26D (pt 3/4)
Character Range: 117061–119554

when the ship is within a special area—the discharge occurs before a prescribed day.
Note: A defendant bears an evidential burden in relation to the matter in subsection (6): see subsection 13.3(3) of the Criminal Code.
 (7) Without limiting the generality of subsection (5), subsection (3) does not apply to the discharge of sewage from a ship if the following conditions are satisfied:
 (a) the sewage has been treated in a sewage treatment plant on the ship, being a plant that an inspector has certified meets the requirements of the regulations giving effect to paragraph 1.1 of Regulation 9 of Annex IV to the Convention;
 (b) the effluent does not produce visible floating solids in the waters of the sea and does not cause discolouration of the waters of the sea;
 (c) if the ship is a prescribed passenger ship and the discharge occurs when the ship is within a special area—the discharge occurs before a prescribed day.
Note: A defendant bears an evidential burden in relation to the matter in subsection (7): see subsection 13.3(3) of the Criminal Code.
 (8) Without limiting the generality of subsection (5), subsection (3) does not apply to the discharge of sewage from a ship if the following conditions are satisfied:
 (a) the discharge is made into the territorial waters of a foreign country in accordance with the law of that country;
 (b) if the ship is a prescribed passenger ship and the discharge occurs when the ship is within a special area—the discharge occurs before a prescribed day.
Note: A defendant bears an evidential burden in relation to the matter in subsection (8): see subsection 13.3(3) of the Criminal Code.
 (9) Without limiting the generality of subsection (5), subsection (3) does not apply to the discharge of sewage from a ship if the following conditions are satisfied:
 (a) the ship is a prescribed passenger ship, the discharge occurs when the ship is within a special area and the discharge occurs on or after a prescribed day;
 (b) the sewage has been treated in a sewage treatment plant on the ship, being a plant that an inspector has certified meets the requirements of the regulations giving effect to paragraph 2.1 of Regulation 9 of Annex IV to the Convention;
 (c) the effluent does not produce visible floating solids in the waters of the sea and does not cause discolouration of the waters of the sea.
Note: A defendant bears an evidential burden in relation to the matter in subsection (9): see subsection 13.3(3) of the Criminal Code.