Biosecurity Act 2015

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:

ensuring the safety of the vessel in an emergency; or

saving life at sea.

The condition in this subsection is met in relation to a discharge of ballast water from a vessel if:

the discharge is accidental and results from damage to the vessel or its equipment; and

all reasonable precautions to prevent or minimise the discharge are taken at the following times:

before and after the occurrence of the damage;

before and after the discovery of the damage;

before and after the discovery of the discharge; and

none of the following intentionally caused the damage, or was reckless as to the occurrence of the damage:

the person in charge of the vessel;

the owner of the vessel;

the operator of the vessel.

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.