Document ID: chunk:federal_register_of_legislation:C2006A00138:clause:2_13:p4
Version: federal_register_of_legislation:C2006A00138
Segment Type: clause
Provision Reference: sch 2 cl 13 (pt 4/4)
Character Range: 15548–17446

(10) Subsection (1B) does not apply to the discharge from a ship of bilge water, or of a mixture resulting from tank cleaning or de‑ballasting operations, that contains one or more liquid substances referred to in regulation 6.1.4 of Annex II but does not contain any other liquid substance.

Note: A defendant bears an evidential burden in relation to the matters in subsection (10) (see subsection 13.3(3) of the Criminal Code).

Discharge of clean ballast or segregated ballast

 (11) Subsection (1B) does not apply to the discharge from a ship of clean ballast or segregated ballast.

Note: A defendant bears an evidential burden in relation to the matters in subsection (11) (see subsection 13.3(3) of the Criminal Code).

Subsections (4) to (9) do not apply to a mixture that contains no noxious liquid substance

 (12) Subsections (4) to (9) do not apply in relation to a mixture that contains a liquid substance that is neither a noxious liquid substance nor a liquid substance referred to in regulation 6.1.4 of Annex II.

Subsections (4) to (9) do not apply to discharges in Antarctic Area

 (13) Subsections (4) to (9) do not apply to the discharge from a ship of noxious liquid substances, or mixtures containing noxious liquid substances, in the Antarctic Area.

No limitations on generality of subsections

 (14) Nothing in subsections (2) to (11) limits the generality of any of those subsections.

Inspector

 (15) In this section:

inspector includes a surveyor appointed or authorized by the Government of a country that is a Party to the Convention for the purpose of implementing regulation 16 of Annex II.

Note 1: The following heading to subsection 21(1) is inserted "Ordinary offence".

Note 2: The following heading to subsection 21(1B) is inserted "Strict liability offence".

Note 3: The following heading to subsection 21(2) is inserted "Exception for emergencies".