Document ID: chunk:federal_register_of_legislation:C2004A00925:clause:3_83
Version: federal_register_of_legislation:C2004A00925
Segment Type: clause
Provision Reference: sch 3 cl 83
Character Range: 57359–57888

83  Subsection 26B(6)
Repeal the subsection, substitute:

 (6) Subsection (5) does not apply to a person in relation to a prescribed incident in relation to a ship if:
 (a) the person was not aware of the incident; or
 (b) in the case of a prescribed incident to which paragraph (5)(a) applies—the person neither knew nor suspected that the master of the ship had not complied with subsection (3) in relation to the incident.

Note: The defendant bears an evidential burden of proof of the matters mentioned in this subsection.