Document ID: chunk:federal_register_of_legislation:C2019A00123:clause:1_26feha:p2
Version: federal_register_of_legislation:C2019A00123
Segment Type: clause
Provision Reference: sch 1 cl 26FEHA (pt 2/2)
Character Range: 12664–13659

the person responsible for obtaining fuel oil for use on board the ship took all reasonable steps to obtain fuel oil with a sulphur content of not more than the limit prescribed for the purposes of paragraph 26FEH(4)(a);
 (b) a prescribed officer is notified (in accordance with any requirements prescribed by the regulations for the purposes of this paragraph) that fuel oil with a sulphur content of not more than that limit was not able to be obtained for the ship;
 (c) if the ship's next port of destination after the high‑sulphur fuel oil was supplied to the ship is a port in a foreign country—the government of that foreign country is notified (in accordance with any requirements prescribed by the regulations for the purposes of this paragraph) that fuel oil with a sulphur content of not more than that limit was not able to be obtained for the ship.
Note: A defendant bears an evidential burden in relation to the matters in this section: see subsection 13.3(3) of the Criminal Code.