Commonwealth Consolidated Acts

BIOSECURITY ACT 2015 - SECT 283

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.