Document ID: chunk:federal_register_of_legislation:C2024C00540:section:26b:p3
Version: federal_register_of_legislation:C2024C00540
Segment Type: section
Provision Reference: s 26B (pt 3/3)
Character Range: 100640–102277

ship if the incident occurs outside the following:
 (a) the sea near a State;
 (b) the sea near the Jervis Bay Territory;
 (c) the sea near an external Territory;
 (d) the outer territorial sea;
 (e) the exclusive economic zone.
Note: A defendant bears an evidential burden in relation to the matter in subsection (10C): see subsection 13.3(3) of the Criminal Code.
 (11) In this section:
prescribed incident, in relation to a ship, means:
 (a) an incident involving the discharge from the ship of a harmful substance carried as cargo in packaged form or in a freight container, portable tank, road or rail vehicle or shipborne barge, not being a discharge in accordance with the regulations; or
 (b) an incident involving the probability of the discharge from the ship of a harmful substance carried as cargo in packaged form or in a freight container, portable tank, road or rail vehicle or shipborne barge, not being a discharge in accordance with the regulations; or
 (c) if the ship is 15 metres or more in length—an incident (including, but not limited to, collision, grounding, fire, explosion, structural failure, flooding and cargo shifting) involving damage, failure or breakdown that affects the safety of the ship; or
 (d) if the ship is 15 metres or more in length—an incident (including, but not limited to, failure or breakdown of steering gear, propulsion plant, electrical generating system and essential shipborne navigational aids) involving damage, failure or breakdown that impairs the safety of navigation.

Part IIIB—Prevention of pollution by sewage

Division 1—Discharge of untreated sewage in the Antarctic Area