Document ID: chunk:federal_register_of_legislation:C2024C00540:section:21:p2
Version: federal_register_of_legislation:C2024C00540
Segment Type: section
Provision Reference: s 21 (pt 2/6)
Character Range: 65783–68435

saving life at sea;
 (d) if the substance or the mixture, as the case may be, escaped from the ship in consequence of non‑intentional damage to the ship or its equipment, and all reasonable precautions were taken after the occurrence of the damage or the discovery of the discharge for the purpose of preventing or minimizing the escape of the substance or the mixture, as the case may be; or
 (e) if the discharge was for the purpose of combating specific pollution incidents in order to minimize the damage from pollution and was approved by a prescribed officer and, where the discharge occurred in the jurisdiction of the government of a country other than Australia, by that government.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.
 (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.

Substance in Category X
 (4) Subject to subsections (12) and (13), if:
 (a) the tank of a ship that held a substance in Category X or a mixture containing a substance in Category X has been:
 (i) emptied to the maximum extent in accordance with procedures in the Procedures and Arrangements Manual; and
 (ii) washed in accordance with the prewash procedure specified in Appendix VI to Annex II; and
 (b) the resulting residues in the tank have been discharged to a reception facility until the concentration of that substance in the effluent to that facility is, in the opinion of an inspector, at or below the residual concentration prescribed for that substance in regulation 13.6.1 of Annex II and until the tank is empty; and
 (c) the residue then remaining in the tank has been subsequently diluted with water;
subsection (1B) does not apply to the discharge from the ship of the water containing that residue if the conditions in subsection (9A) are satisfied.
Note: A defendant bears an evidential burden in relation to the matters in subsection (4) (see subsection 13.3(3) of the Criminal Code).

High‑viscosity or solidifying substance in Category Y
 (5) Subject