Defence to offences of damaging a submarine cable
38 Defence to offences of damaging a submarine cable
Subclauses 36(1) and 37(1) do not apply if:
the conduct that resulted in damage to the submarine cable was necessary to save a life or a ship; or
the conduct that resulted in damage to the submarine cable was necessary to prevent pollution; or
the defendant took all reasonable steps to avoid causing damage to the submarine cable; or
the defendant is the carrier who owns or operates the submarine cable; or
when the conduct occurred, the defendant was acting on behalf of the carrier who owns or operates the submarine cable.
The defendant bears an evidential burden in relation to the matters in this clause. See subsection 13.3(3) of the Criminal Code.
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