Document ID: chunk:federal_register_of_legislation:C2025C00131:section:38dd:p2
Version: federal_register_of_legislation:C2025C00131
Segment Type: section
Provision Reference: s 38DD (pt 2/2)
Character Range: 104783–105936

of waste from a vessel, aircraft or platform if any of the following apply in relation to the discharge:
 (a) it was for the purpose of securing the safety of the vessel, aircraft or platform;
 (b) it was for the purpose of saving life at sea;
 (c) it was for the purpose of combating a specific incident of pollution in order to minimise the damage from pollution and had been approved by:
 (i) a prescribed officer within the meaning of subsection 3(2) of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983; or
 (ii) the Authority under section 38DE.
Note: The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code.

Defence—discharge in zone where discharges do not require permission
 (9) Subsections (1) and (4) do not apply in relation to the discharge of waste in a zone if the discharge of waste is for a purpose for which, under the zoning plan for the zone, the zone may be used or entered without permission.
Note: The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code.