Document ID: chunk:federal_register_of_legislation:C2024C00540:section:26fega:p2
Version: federal_register_of_legislation:C2024C00540
Segment Type: section
Provision Reference: s 26FEGA (pt 2/2)
Character Range: 149837–152018

limit occurs before the discovery of the unintentional damage—after the discovery of that total emission, all reasonable precautions are taken to prevent the total emission of sulphur oxides from exceeding that level, or to minimise the 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 or carrying 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.