Document ID: chunk:federal_register_of_legislation:C2007A00024:clause:1_26feh:p2
Version: federal_register_of_legislation:C2007A00024
Segment Type: clause
Provision Reference: sch 1 cl 26FEH (pt 2/2)
Character Range: 25523–26472

reasonable precautions were taken after the occurrence of the damage, or the discovery of the emission, for the purpose of preventing or minimising the emission.

Note: The defendant bears an evidential burden in relation to the matters in subsection (6) (see subsection 13.3(3) of the Criminal Code).

 (7) For the purposes of subparagraph (6)(b)(ii), damage to a ship or to its equipment is not unintentional if the damage arose:
 (a) 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) as a result of the negligence of the master or owner of the ship.

 (8) 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.