Document ID: chunk:federal_register_of_legislation:C2005A00104:clause:3a_38
Version: federal_register_of_legislation:C2005A00104
Segment Type: clause
Provision Reference: sch 3A cl 38
Character Range: 34050–34874

38  Defence to offences of damaging a submarine cable

  Subclauses 36(1) and 37(1) do not apply if:
 (a) the conduct that resulted in damage to the submarine cable, or to a part of the submarine cable, was necessary to save a life or a ship; or
 (b) the conduct that resulted in damage to the submarine cable, or to a part of the submarine cable, was necessary to prevent pollution; or
 (c) the defendant took all reasonable steps to avoid causing damage to the submarine cable; or
 (d) the defendant is the carrier who owns or operates the submarine cable; or
 (e) when the conduct occurred, the defendant was acting on behalf of the carrier who owns or operates the submarine cable.

Note: The defendant bears an evidential burden in relation to the matters in this clause. See subsection 13.3(3) of the Criminal Code.