Document ID: chunk:federal_register_of_legislation:C2024C00540:section:22:p3
Version: federal_register_of_legislation:C2024C00540
Segment Type: section
Provision Reference: s 22 (pt 3/3)
Character Range: 82397–84037

the incident occurs outside the following:
 (a) the sea near a State;
 (b) the sea near the Jervis Bay Territory;
 (c) the sea near an external Territory;
 (d) the outer territorial sea;
 (e) the exclusive economic zone.
Note: A defendant bears an evidential burden in relation to the matter in subsection (9B): see subsection 13.3(3) of the Criminal Code.
 (10) In this section:
liquid substance does not include a substance referred to in regulation 6.1.4 of Annex II.
prescribed incident, in relation to a ship, means:
 (a) an incident involving a discharge from the ship of a liquid substance, or a mixture containing a liquid substance, carried as cargo or as part cargo in bulk, not being a discharge to which subsection 21(4), (5), (5A), (6), (7), (8), (10) or (11) applies; or
 (b) an incident involving the probability of a discharge from the ship of a liquid substance, or a mixture containing a liquid substance, carried as cargo or as part cargo in bulk, not being a discharge to which subsection 21(4), (5), (5A), (6), (7), (8), (10) or (11) would apply; or
 (c) if the ship is 15 metres or more in length—an incident (including, but not limited to, collision, grounding, fire, explosion, structural failure, flooding and cargo shifting) involving damage, failure or breakdown that affects the safety of the ship; or
 (d) if the ship is 15 metres or more in length—an incident (including, but not limited to, failure or breakdown of steering gear, propulsion plant, electrical generating system and essential shipborne navigational aids) involving damage, failure or breakdown that impairs the safety of navigation of the ship.