Ship master's decisions

(1)

A person does not commit an offence against this Act if:

(a) a physical element of the offence exists (whether directly or indirectly) because the master of a ship engaged in conduct in the operation or control of the ship; and
(b) without the existence of that physical element the person would not commit the offence; and
(c) the master engaged in the conduct to protect the safety or security of:
(i) the ship; or
(ii) the ship's cargo; or
(iii) a person (whether on board the ship or not); or
(iv) another ship; or
(v) a port, or a port facility or other installation within a port; and
(d) the conduct was reasonable in the circumstances.

Note: A defendant bears an evidential burden in relation to the matters in subsection (1) (see subsection 13.3(3) of the Criminal Code ).

Security directions

(2)

If:

(a) a person is required to comply with a security direction; and
(b) compliance with the direction would mean that the person commits an offence against, or otherwise contravenes a requirement of, this Act;

the person, in complying with the security direction, is taken not to have committed the offence or contravened the requirement.

Note: A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code ).

Control directions

(3)

If:

(a) a person is required to comply with a control direction; and
(b) compliance with the direction would mean that the person commits an offence against, or otherwise contravenes a requirement of, this Act;

the person, in complying with the control direction, is taken not to have committed the offence or contravened the requirement.

Note: A defendant bears an evidential burden in relation to the matters in subsection (3) (see subsection 13.3(3) of the Criminal Code ).