Document ID: chunk:federal_register_of_legislation:C2025C00131:section:59h
Version: federal_register_of_legislation:C2025C00131
Segment Type: section
Provision Reference: s 59H
Character Range: 198904–199702

59H  Defence in proceedings for offences
 (1) In any proceedings for an offence against section 59B, 59C or 59D, it is a defence if the master or owner (as the case may be) proves that the regulated ship navigated in the compulsory pilotage area because of stress of weather or other unavoidable cause.
Note: The defendant bears a legal burden in relation to the matter in subsection (1). See section 13.4 of the Criminal Code.
 (2) In any proceedings against the owner of a regulated ship for an offence against section 59B, 59C or 59D, it is a defence if the owner proves that the owner did not know that the regulated ship was in contravention of the relevant section.
Note: The defendant bears a legal burden in relation to the matter in subsection (2). See section 13.4 of the Criminal Code.