Document ID: chunk:federal_register_of_legislation:C2024C00540:section:26ab:p2
Version: federal_register_of_legislation:C2024C00540
Segment Type: section
Provision Reference: s 26AB (pt 2/2)
Character Range: 95166–95832

ship into the sea because of a leakage of the substance, the substance shall, for the purposes of this section, be taken to have been jettisoned, but that subsection does not apply to the discharge if:
 (a) the substance was washed overboard from the ship in accordance with the regulations; or
 (b) the substance was washed overboard from the ship otherwise than in accordance with such regulations in circumstances where compliance with such regulations would have impaired the safety of the ship or of persons on board the ship.
Note: A defendant bears an evidential burden in relation to the matter in subsection (6): see subsection 13.3(3) of the Criminal Code.