Document ID: chunk:federal_register_of_legislation:C2024C00540:section:21:p4
Version: federal_register_of_legislation:C2024C00540
Segment Type: section
Provision Reference: s 21 (pt 4/6)
Character Range: 70672–73300

(except a substance in Category Y referred to in subsection (5)); or
 (b) a mixture containing a substance in Category Y (except a substance in Category Y referred to in subsection (5)) except a mixture containing a substance in Category X;
has been emptied to the maximum extent in accordance with the procedures in the Procedures and Arrangements Manual, subsection (1B) does not apply to the discharge into the sea of any residue of that substance or mixture if the conditions in subsection (9A) are satisfied.
Note: A defendant bears an evidential burden in relation to the matters in subsection (6) (see subsection 13.3(3) of the Criminal Code).

Substances in Category Z—ship constructed before 1 January 2007
 (7) Subject to subsections (12) and (13), if:
 (a) a ship was constructed before 1 January 2007; and
 (b) the ship's tank held a substance in Category Z or a mixture containing a substance in Category Z; and
 (c) the tank has been emptied to the maximum extent in accordance with the procedures in the Procedures and Arrangements Manual;
subsection (1B) does not apply to the discharge into the sea of any residue of that substance or mixture if the following conditions are satisfied:
 (d) the discharge is made when the ship is proceeding en route at a speed of:
 (i) at least 7 knots, if the ship is self‑propelled; or
 (ii) at least 4 knots, if the ship is not self‑propelled;
 (e) the discharge is made when the ship is at least 12 nautical miles from the nearest land and is in water at least 25 metres deep.
Note: A defendant bears an evidential burden in relation to the matters in subsection (7) (see subsection 13.3(3) of the Criminal Code).

Substances in Category Z—ship constructed on or after 1 January 2007
 (8) Subject to subsections (12) and (13), if:
 (a) a ship is constructed on or after 1 January 2007; and
 (b) the ship's tank held a substance in Category Z or a mixture containing a substance in Category Z; and
 (c) the tank has been emptied to the maximum extent in accordance with the procedures in the Procedures and Arrangements Manual;
subsection (1B) does not apply to the discharge into the sea of any residue of that substance or mixture if the conditions in subsection (9A) are satisfied.
Note: A defendant bears an evidential burden in relation to the matters in subsection (8) (see subsection 13.3(3) of the Criminal Code).
 (9) On application to the Authority in the approved form, the Authority may, in accordance with the regulations, waive the condition in paragraph (9A)(c) in relation to the discharge into the sea of residue referred to in subsection (8). The Authority