Document ID: chunk:federal_register_of_legislation:C2024C00540:section:26feha:p2
Version: federal_register_of_legislation:C2024C00540
Segment Type: section
Provision Reference: s 26FEHA (pt 2/3)
Character Range: 157144–159590

to maintain the ship or equipment; or
 (b) defects that develop during the normal operation of the ship or equipment.

Exceptions for the unavailability of fuel oil with a sulphur content of not more than the prescribed limit
 (5) Subsection 26FEH(1) or (2) does not apply to using fuel oil (the high‑sulphur fuel oil) on board a ship as fuel if the following requirements are satisfied:
 (a) the person responsible for obtaining fuel oil for use on board the ship took all reasonable steps to obtain fuel oil with a sulphur content of not more than the limit prescribed for the purposes of paragraph 26FEH(4)(a);
 (b) a prescribed officer is notified (in accordance with any requirements prescribed by the regulations for the purposes of this paragraph) that fuel oil with a sulphur content of not more than that limit was not able to be obtained for the ship;
 (c) if the ship's next port of destination after the high‑sulphur fuel oil was supplied to the ship is a port in a foreign country—the government of that foreign country is notified (in accordance with any requirements prescribed by the regulations for the purposes of this paragraph) that fuel oil with a sulphur content of not more than that limit was not able to be obtained for the ship.
 (6) Subsection 26FEH(1) or (2) does not apply to carrying fuel oil (the high‑sulphur fuel oil) on board a ship for use on board the ship as fuel if the following requirements are satisfied:
 (a) the person responsible for obtaining fuel oil for use on board the ship took all reasonable steps to obtain fuel oil with a sulphur content of not more than the limit prescribed for the purposes of paragraph 26FEG(1)(b);
 (b) a prescribed officer is notified (in accordance with any requirements prescribed by the regulations for the purposes of this paragraph) that fuel oil with a sulphur content of not more than that limit was not able to be obtained for the ship;
 (c) if the ship's next port of destination after the high‑sulphur fuel oil was supplied to the ship is a port in a foreign country—the government of that foreign country is notified (in accordance with any requirements prescribed by the regulations for the purposes of this paragraph) that fuel oil with a sulphur content of not more than that limit was not able to be obtained for the ship.
Note: A defendant bears an evidential burden in relation to the matters in this section: see subsection 13.3(3) of the Criminal Code.