Document ID: chunk:federal_register_of_legislation:C2017A00034:clause:1_30
Version: federal_register_of_legislation:C2017A00034
Segment Type: clause
Provision Reference: sch 1 cl 30
Character Range: 12441–13485

30  At the end of section 270
Add:

Exception
 (4) Subsections (1) and (1A) do not apply if:
 (a) the condition in section 271, 276, 277, 278A, 279, 282, or subsection 283(1), (2) or (3), is met in relation to the discharge of ballast water; and
 (b) either of the following applies:
 (i) the vessel has a ballast water management plan, and a ballast water management certificate is in force for the vessel;
 (ii) the vessel is prescribed for the purposes of subsection 285A(3) or is granted an exemption under the scheme prescribed for the purposes of section 285B; and
 (c) if subparagraph (b)(i) of this subsection applies—the management of the ballast water was carried out in accordance with the ballast water management plan; and
 (d) if subparagraph (b)(ii) of this subsection applies—any condition of the exemption granted under the scheme prescribed for the purposes of section 285B has been met.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).