Document ID: chunk:federal_register_of_legislation:C2010A00116:clause:1_9
Version: federal_register_of_legislation:C2010A00116
Segment Type: clause
Provision Reference: sch 1 cl 9
Character Range: 1969–3441

9  At the end of section 26FEG
Add:

Exceptions
 (5) Subsection (1) does not apply if:
 (a) the person took all reasonable steps to obtain fuel oil with a sulphur content of not more than the limit prescribed for the purposes of paragraph (1)(b); and
 (b) the person has, in accordance with the regulations, notified:
 (i) a prescribed officer; and
 (ii) if the ship's next port of destination, after the fuel oil is used, is a port in a foreign country—the government of that foreign country;
  that the person has been unable to obtain fuel oil with a sulphur content of not more than that limit.
Note: A defendant bears an evidential burden in relation to the matter in subsection (5): see subsection 13.3(3) of the Criminal Code.
 (6) Subsection (2) does not apply if:
 (a) the master or owner of 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 (2)(a); and
 (b) the master or owner of the ship has, in accordance with the regulations, notified:
 (i) a prescribed officer; and
 (ii) if the ship's next port of destination, after the fuel oil is used, is a port in a foreign country—the government of that foreign country;
  that the master or owner has been unable to obtain fuel oil with a sulphur content of not more than that limit.
Note: A defendant bears an evidential burden in relation to the matter in subsection (6): see subsection 13.3(3) of the Criminal Code.