Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

BIOSECURITY ACT 2015 - SECT 283

Exceptions--safety, accidents and pollution

Safety

             (1)  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:

                     (a)  ensuring the safety of the vessel in an emergency; or

                     (b)  saving life at sea.

Accidents

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

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

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

                              (i)  before and after the occurrence of the damage;

                             (ii)  before and after the discovery of the damage;

                            (iii)  before and after the discovery of the discharge; and

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

                              (i)  the person in charge of the vessel;

                             (ii)  the owner of the vessel;

                            (iii)  the operator of the vessel.

Avoiding or minimising pollution

             (3)  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.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback