18General defences

18 General defences

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; or (vi) an offshore facility; 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).