Document ID: chunk:federal_register_of_legislation:C2024C00742:clause:3a_38
Version: federal_register_of_legislation:C2024C00742
Segment Type: clause
Provision Reference: sch 3A cl 38
Character Range: 1596523–1597268

38  Defence to offences of damaging a submarine cable
  Subclauses 36(1) and 37(1) do not apply if:
 (a) the conduct that resulted in damage to the submarine cable was necessary to save a life or a ship; or
 (b) the conduct that resulted in damage to the submarine cable was necessary to prevent pollution; or
 (c) the defendant took all reasonable steps to avoid causing damage to the submarine cable; or
 (d) the defendant is the carrier who owns or operates the submarine cable; or
 (e) when the conduct occurred, the defendant was acting on behalf of the carrier who owns or operates the submarine cable.
Note: The defendant bears an evidential burden in relation to the matters in this clause. See subsection 13.3(3) of the Criminal Code.