Document ID: chunk:federal_register_of_legislation:C2012A00140:clause:1_30
Version: federal_register_of_legislation:C2012A00140
Segment Type: clause
Provision Reference: sch 1 cl 30
Character Range: 10073–10869

30  After subsection 26F(5)
Insert:

Exception—discharge of fishing gear from a ship
 (5A) Subsection (3) does not apply to the discharge of fishing gear from a ship if the discharge is for the protection of the marine environment or for the safety of the ship or its crew.
Note: A defendant bears an evidential burden in relation to the matter in subsection (5A): see subsection 13.3(3) of the Criminal Code.

Exception—discharge of food wastes if health risk
 (5B) Subsection (3) does not apply to the discharge of food wastes from a ship if the retention of those wastes on board the ship presents an imminent health risk to the persons on board the ship.
Note: A defendant bears an evidential burden in relation to the matter in subsection (5B): see subsection 13.3(3) of the Criminal Code.