Defences
44 Defences
Each of the following is a defence to a prosecution for an offence against section 43:
the discharge happened because of operator error by someone not under the master's direction and the master took all reasonable precautions after the discharge happened or was discovered to minimise the discharge;
the discharge happened because of a fault in transfer apparatus not operated at the master's direction and the master took all reasonable precautions after the discharge happened or was discovered to prevent or minimise the discharge;
the discharge happened because of a fault in transfer apparatus brought onto the ship and operated at the master's direction if:
the master took all reasonable steps to ensure that the apparatus was in good working order immediately before the transfer operation started; and
the master took all reasonable precautions after the discharge happened or was discovered to prevent or minimise the discharge;
a defence available under another Part for a discharge of the relevant pollutant.
This Act’s bill:Second reading speech
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