Document ID: chunk:federal_register_of_legislation:C2004A00925:clause:3_37
Version: federal_register_of_legislation:C2004A00925
Segment Type: clause
Provision Reference: sch 3 cl 37
Character Range: 46816–47528

37  Subsection 21(3)
Repeal the subsection, substitute:

 (3) For the purposes of subsection (2), damage to a ship or to its equipment is not non‑intentional damage if the damage:
 (a) arose in circumstances where the master or owner of the ship:
 (i) acted with intent to cause the damage; or
 (ii) acted recklessly and with knowledge that the damage would probably result; or
 (b) arose as a result of the negligence of the master or owner of the ship.

 (3A) For the purposes of this section, damage to a ship or to its equipment does not include:
 (a) deterioration resulting from failure to maintain the ship or equipment; or
 (b) defects that develop during the normal operation of the ship or equipment.