Document ID: chunk:federal_register_of_legislation:C2024C00540:section:26f:p2
Version: federal_register_of_legislation:C2024C00540
Segment Type: section
Provision Reference: s 26F (pt 2/7)
Character Range: 122992–125567

sea where the discharge occurs;
 (ib) the discharge occurs into the outer territorial sea;
 (ii) the discharge occurs into the sea in the exclusive economic zone;
 (iii) the discharge occurs into the sea beyond the exclusive economic zone and the ship is an Australian ship;
the master and the owner of the ship each commit an offence punishable, on conviction, by a fine not exceeding 500 penalty units.
 (4) An offence against subsection (3) is an offence of strict liability.

Exception—discharge of garbage for ship's safety or for saving life
 (5) Subsection (3) does not apply to the discharge of garbage from a ship for the purpose of securing the safety of the ship and the persons on board the ship or of saving life at sea.
Note: A defendant bears an evidential burden in relation to the matter in subsection (5): see subsection 13.3(3) of the Criminal Code.

Exception—discharge of fishing gear from a ship
 (5A) Subsection (3) does not apply to the discharge of fishing gear from a ship if the discharge is for the protection of the marine environment or for the safety of the ship or its crew.
Note: A defendant bears an evidential burden in relation to the matter in subsection (5A): see subsection 13.3(3) of the Criminal Code.

Exception—discharge of food wastes if health risk
 (5B) Subsection (3) does not apply to the discharge of food wastes from a ship if the retention of those wastes on board the ship presents an imminent health risk to the persons on board the ship.
Note: A defendant bears an evidential burden in relation to the matter in subsection (5B): see subsection 13.3(3) of the Criminal Code.

Exception—discharge of food wastes outside a special area or Arctic waters
 (6) Subsection (3) does not apply to the discharge of garbage from a ship if the following conditions are satisfied:
 (a) the discharge occurs when the ship is not within a special area and not in Arctic waters;
 (b) the discharge occurs when the ship is proceeding en route and is as far as practicable from the nearest land;
 (c) the garbage is food wastes;
 (d) in the case of food wastes that have been passed through a comminuter or grinder so that the wastes are capable of passing through a screen with no opening greater than 25 millimetres:
 (i) if the discharge occurs when the ship is not alongside, or within 500 metres of, a fixed or floating platform—the discharge occurs when the ship is at a distance of not less than 3 nautical miles from the nearest land; or
 (ii) if the discharge occurs when the ship is alongside, or within 500 metres of, a fixed or