Commonwealth Consolidated Acts

NAVIGATION ACT 1912 - SECT 186L

             (1)  In any proceedings for an offence against subsection 186I(1) or 186K(6), it is a defence if the master or owner (as the case may be) proves that the regulated ship navigated in a compulsory pilotage area because of stress of weather, saving life at sea or other unavoidable cause.

             (2)  In any proceedings against the owner of a ship for an offence against subsection 186I(1) or 186K(6), it is a defence if the owner proves that the owner took all reasonable precautions and exercised due diligence to ensure that the ship would not navigate in a compulsory pilotage area in contravention of that subsection.

Note:          The defendant bears a legal burden in relation to the matter in subsection (1) or (2). See section 13.4 of the Criminal Code .