Document ID: chunk:federal_register_of_legislation:C2025C00015:section:283
Version: federal_register_of_legislation:C2025C00015
Segment Type: section
Provision Reference: s 283
Character Range: 460340–461557

283  Exceptions—safety, accidents and pollution

Safety
 (1) The condition in this subsection is met in relation to a discharge of ballast water from a vessel if the discharge is necessary for the purpose of:
 (a) ensuring the safety of the vessel in an emergency; or
 (b) saving life at sea.

Accidents
 (2) The condition in this subsection is met in relation to a discharge of ballast water from a vessel if:
 (a) the discharge is accidental and results from damage to the vessel or its equipment; and
 (b) all reasonable precautions to prevent or minimise the discharge are taken at the following times:
 (i) before and after the occurrence of the damage;
 (ii) before and after the discovery of the damage;
 (iii) before and after the discovery of the discharge; and
 (c) none of the following intentionally caused the damage, or was reckless as to the occurrence of the damage:
 (i) the person in charge of the vessel;
 (ii) the owner of the vessel;
 (iii) the operator of the vessel.

Avoiding or minimising pollution
 (3) The condition in this subsection is met in relation to a discharge of ballast water from a vessel if the discharge is for the purpose of avoiding or minimising pollution from the vessel.