Document ID: chunk:federal_register_of_legislation:C2024C00540:section:26f:p7
Version: federal_register_of_legislation:C2024C00540
Segment Type: section
Provision Reference: s 26F (pt 7/7)
Character Range: 135006–136837

an evidential burden in relation to the matter in subsection (9): see subsection 13.3(3) of the Criminal Code.

Meaning of damage to a ship or its equipment
 (9A) For the purposes of subsection (9), 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.

Exception—accidental loss of fishing gear
 (10) If fishing gear from a ship is accidentally lost into the sea, subsection (3) does not apply to the discharge of the gear if all reasonable precautions were taken to prevent the loss.
Note: A defendant bears an evidential burden in relation to the matter in subsection (10): see subsection 13.3(3) of the Criminal Code.

Other more stringent requirements
 (11) If:
 (a) garbage is mixed with, or contaminated by, matter the discharge or disposal of which from a ship into the sea is prohibited under another Part unless certain conditions are complied with; and
 (b) the conditions referred to in paragraph (a) are more stringent than the conditions referred to in subsections (6) to (10) (inclusive);
subsection (3):
 (c) applies to the discharge of the garbage from a ship notwithstanding that the conditions referred to in subsection (6), (7), (8), (8A), (8B), (8C), (8D), (9) or (10) are complied with; but
 (d) does not apply to the discharge of the garbage from a ship if those more stringent requirements are complied with.

Interpretation
 (12) Subsections (6) to (8D) do not limit the generality of subsections (5) and (5B).
 (12A) Subsection (11) does not limit the generality of subsections (5), (5A) and (5B).
 (13) In this section plastics includes synthetic ropes, synthetic fishing nets, plastic garbage bags and incinerator ashes from plastic products.