Document ID: chunk:federal_register_of_legislation:C2005A00104:clause:3a_46
Version: federal_register_of_legislation:C2005A00104
Segment Type: clause
Provision Reference: sch 3A cl 46
Character Range: 40655–41429

46  Indemnity for loss of anchor etc.

 (1) If:
 (a) after all reasonable precautionary measures have been taken, an anchor, a net or any other fishing gear belonging to a ship is sacrificed in order to avoid damaging a submarine cable in a protection zone; and
 (b) at the time the sacrifice is made, no person on board the ship is engaging in conduct:
 (i) that is prohibited in the protection zone; or
 (ii) that contravenes a restriction imposed on an activity in the protection zone;
the owner of the ship is entitled to be indemnified for that loss by the carrier responsible for the submarine cable.

 (2) Jurisdiction is conferred on the Federal Court in any matter arising under this clause in respect of which a civil proceeding is instituted under this clause.