Document ID: chunk:federal_register_of_legislation:C2019A00123:clause:1_26fega:p2
Version: federal_register_of_legislation:C2019A00123
Segment Type: clause
Provision Reference: sch 1 cl 26FEGA (pt 2/2)
Character Range: 6994–8926

total emission of sulphur oxides.
 (5) For the purposes of subsection (4), damage to a ship or to its equipment is not unintentional if the damage arose:
 (a) in circumstances where the master or owner of the ship:
 (i) acted with intent to cause the damage; or
 (ii) acted recklessly and with knowledge that the damage would probably result; or
 (b) as a result of the negligence of the master or owner of the ship.
 (6) For the purposes of this section, 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 for the unavailability of fuel oil with a sulphur content of not more than the prescribed limit
 (7) Subsection 26FEG(1) or (2) does not apply to using fuel oil (the high‑sulphur fuel oil) on board a ship if the following requirements are satisfied:
 (a) the person responsible for obtaining fuel oil for use on board 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 26FEG(1)(b);
 (b) a prescribed officer is notified (in accordance with any requirements prescribed by the regulations for the purposes of this paragraph) that fuel oil with a sulphur content of not more than that limit was not able to be obtained for the ship;
 (c) if the ship's next port of destination after the high‑sulphur fuel oil was supplied to the ship is a port in a foreign country—the government of that foreign country is notified (in accordance with any requirements prescribed by the regulations for the purposes of this paragraph) that fuel oil with a sulphur content of not more than that limit was not able to be obtained for the ship.
Note: A defendant bears an evidential burden in relation to the matters in this section: see subsection 13.3(3) of the Criminal Code.