sec.316GBExclusion of s 23 in particular circumstances

### sec.316GB Exclusion of s 23 in particular circumstances This section applies if, because of the operation of section 23 and other than for this section, a person would be required under a prevailing Act mentioned in section 23 (2) to carry out a relevant ERA in relation to an emergency situation. Neither section 23 (2) nor the prevailing Act limits the application of section 426 of this Act to the person in relation to the relevant ERA. However, it is a defence for an offence against section 426 if the person proves it would not be reasonable for the person to be required to comply with section 426 , having regard to the requirement to which the person is subject under the prevailing Act. s 316GB ins 2023 No. 6 s 53 (sec.316GB-ssec.1) This section applies if, because of the operation of section 23 and other than for this section, a person would be required under a prevailing Act mentioned in section 23 (2) to carry out a relevant ERA in relation to an emergency situation. (sec.316GB-ssec.2) Neither section 23 (2) nor the prevailing Act limits the application of section 426 of this Act to the person in relation to the relevant ERA. (sec.316GB-ssec.3) However, it is a defence for an offence against section 426 if the person proves it would not be reasonable for the person to be required to comply with section 426 , having regard to the requirement to which the person is subject under the prevailing Act.