Exceptions to certain offences
15 Exceptions to certain offences
Sections 10A and 10B do not apply in relation to:
dumping into waters that are not Australian waters; or
incineration at sea in waters that are not Australian waters;
if the dumping or incineration is in accordance with a permit granted in accordance with the Protocol by a party to the Protocol (other than Australia).
Section 10C does not apply in relation to loading for the purpose of:
dumping into waters that are not Australian waters; or
incineration at sea in waters that are not Australian waters;
if the loading is in accordance with a permit granted in accordance with the Protocol by a party to the Protocol (other than Australia).
Section 10C does not apply in relation to the loading of controlled material on a vessel, aircraft or platform in Australia or Australian waters if:
the controlled material is carbon dioxide streams from carbon dioxide capture processes for sequestration into a sub‑seabed geological formation; and
the loading is for the purpose of the export of the carbon dioxide streams from Australia to another country; and
there is a permit in force for that export.
Section 10A, 10B, 10C, 10E or 36 does not apply if:
the relevant conduct was necessary to secure the safety of human life or of a vessel, aircraft or platform in a case of force majeure caused by stress of weather; or
the relevant conduct appeared to be the only way of averting a threat to human life, or to the safety of a vessel, aircraft or platform, and there was every probability that the damage caused by the conduct would be less than would otherwise occur;
and, in either case:
the relevant conduct was so carried out as to minimise the likelihood of damage to human or marine life; and
a report of the relevant conduct, setting out the prescribed information, was given to the Minister as soon as practicable after the conduct occurred.
In a proceedings for an offence, the defendant bears the evidential burden of proving an exception set out in this section.
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