Document ID: chunk:federal_register_of_legislation:C2012A00140:clause:1_32
Version: federal_register_of_legislation:C2012A00140
Segment Type: clause
Provision Reference: sch 1 cl 32
Character Range: 18217–18785

32  Subsection 26F(9)
Repeal the subsection, substitute:

Exception—accidental loss of garbage because of damage to a ship or its equipment
 (9) If garbage from a ship is accidentally lost into the sea because of damage to the ship or its equipment, subsection (3) does not apply to the discharge of the garbage if all reasonable precautions were taken before and after the occurrence of the damage to prevent or minimise the loss.
Note: A defendant bears an evidential burden in relation to the matter in subsection (9): see subsection 13.3(3) of the Criminal Code.