Document ID: chunk:federal_register_of_legislation:C2012A00140:clause:1_69
Version: federal_register_of_legislation:C2012A00140
Segment Type: clause
Provision Reference: sch 1 cl 69
Character Range: 26142–27122

69  After subsection 11(8)
Insert:
 (9) This section does not apply in relation to a prescribed incident, in relation to a ship, that occurs in the sea near a State, the Jervis Bay Territory or an external Territory to the extent that a law of that State or Territory makes provision giving effect to Protocol I to the Convention in relation to that prescribed incident.
Note: A defendant bears an evidential burden in relation to the matter in subsection (9): see subsection 13.3(3) of the Criminal Code.
 (9A) This section does not apply in relation to a prescribed incident that occurs in relation to a foreign ship if the incident occurs outside the following:
 (a) the sea near a State;
 (b) the sea near the Jervis Bay Territory;
 (c) the sea near an external Territory;
 (d) the outer territorial sea;
 (e) the exclusive economic zone.
Note: A defendant bears an evidential burden in relation to the matter in subsection (9A): see subsection 13.3(3) of the Criminal Code.