Part 19AProtection of marine environment from ballast water
246DDefences
This section sets out defences to proceedings for an offence against section 246C.
The defendant has a defence if the defendant proves that the discharge—
- was for the purpose of saving life; and
- was a reasonable step to take to achieve the purpose.
The defendant has a defence if the defendant proves that the discharge—
- was for the purpose of securing the safety of a ship; and
- was a reasonable step to take to achieve the purpose.
The defendant has a defence if the defendant proves that—
- the ballast water escaped as a consequence of damage to—
- a ship or its equipment; or
- apparatus other than a ship used in connection with marine operations; or
- a pipeline; and
- a ship or its equipment; or
- the damage did not result from the defendant's negligence or deliberate act; and
- as soon as practicable after the damage occurred, all reasonable steps were taken—
- to prevent the escape; or
- if the escape could not be prevented, to minimise the escape.
- to prevent the escape; or
Notes
- Section 246D: inserted, on , by section 86(5) of the Biosecurity Law Reform Act 2012 (2012 No 73).