Document ID: chunk:federal_register_of_legislation:C2010C00802:section:26b:p2
Version: federal_register_of_legislation:C2010C00802
Segment Type: section
Provision Reference: s 26B (pt 2/3)
Character Range: 38352–40853

relation to a ship, it is a defence if the person proves;
 (a) that the person was not aware of the incident; or
 (b) in the case of a prescribed incident to which paragraph (5)(a) applies‑that the person neither knew nor suspected that the master of the ship was unable to comply with subsection (3) in relation to the incident.
 (7) Subsection (6) shall not be taken to limit by implication any defence that would, but for that subsection, be available to a person charged with an offence against subsection (5).
 (8) A master of a ship who, pursuant to subsection (3), has notified a prescribed officer or a government of the occurrence of a prescribed incident shall, if so requested by a prescribed officer or that government, as the case may be, give, within the prescribed time, a report to a prescribed officer or that government, as the case may be, in relation to the incident in accordance with the prescribed form.
Penalty: $5,000.
 (9) Where subsection (5) applies in relation to a prescribed incident in relation to a ship, a person who, pursuant to that subsection, has notified a prescribed officer or a government of the occurrence of the prescribed incident shall, if so requested by a prescribed officer or that government, as the case may be, give, within the prescribed time, a report to a prescribed officer or that government, as the case may be, in relation to the incident in accordance with the prescribed form.
Penalty: $5,000.
 (10) A person shall not, in a notice given to a prescribed officer or a government pursuant to subsection (3) or (5) or in a report given to a prescribed officer or a government pursuant to subsection (8) or (9), make a statement that is false or misleading in a material particular.
Penalty: $5,000.
 (11) In this section, 'prescribed incident', in relation to a ship means;
 (a) a discharge from the ship of a harmful substance carried as cargo in a packaged form or in a freight container, portable tank or road and rail tank wagon, not being a discharge occurring because the substance was washed overboard in accordance with the regulations or orders made pursuant to the regulations; or
 (b) an incident involving the probability of a discharge from the ship of a harmful substance carried as cargo in packaged form or in a freight container, portable tank or road and rail tank wagon, not being a discharge occurring because the substance was washed overboard in accordance with the regulations or orders made pursuant to the regulations.