Document ID: chunk:federal_register_of_legislation:C2012A00140:clause:1_31:p2
Version: federal_register_of_legislation:C2012A00140
Segment Type: clause
Provision Reference: sch 1 cl 31 (pt 2/4)
Character Range: 13222–15926

subsection (7): see subsection 13.3(3) of the Criminal Code.

Exception—discharge of animal carcasses outside a special area
 (8) 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;
 (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 animal carcasses;
 (d) the prescribed requirements are satisfied;
 (e) the discharge occurs when the ship is not alongside, or within 500 metres of, a fixed or floating platform.
Note: A defendant bears an evidential burden in relation to the matter in subsection (8): see subsection 13.3(3) of the Criminal Code.

Exception—discharge of cleaning agents or additives outside a special area
 (8A) 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;
 (b) the garbage is cleaning agents or additives contained in deck wash water or other external surfaces wash water;
 (c) the cleaning agents or additives are not prescribed cleaning agents or additives;
 (d) the discharge occurs when the ship is not alongside, or within 500 metres of, a fixed or floating platform.
Note: A defendant bears an evidential burden in relation to the matter in subsection (8A): see subsection 13.3(3) of the Criminal Code.

Exception—discharge of food wastes in a special area
 (8B) 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 within a special area;
 (b) the discharge occurs when the ship is proceeding en route;
 (c) the garbage is food wastes;
 (d) the food wastes 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;
 (e) the food wastes have not been contaminated by any other kind of garbage;
 (f) the discharge occurs when the ship is as far as practicable from, and is at a distance of not less than 12 nautical miles from, the nearest land or iceshelf;
 (g) if the discharge is of introduced avian products (including poultry and poultry parts) in the Antarctic area—those products have been treated to be made sterile.
Note: A defendant bears an evidential burden in relation to the matter in subsection (8B): see subsection 13.3(3) of the Criminal Code.

Exceptions—discharge of cargo residues, cleaning agents or additives in a special area
 (8C) Subsection (3) does not apply to the discharge of garbage from a ship if the