sec.128DLiability for conduct unaffected

### sec.128D Liability for conduct unaffected The liability of the disclosing person for his or her own conduct is not affected only because the disclosing person discloses the conduct to an official. However, a court may have regard to the disclosure if the disclosing person is prosecuted for an offence involving the conduct and either of the following applies— the disclosing person is the master of a ship and his or her conduct was in compliance with an express instruction of the owner of the ship or someone authorised by the owner to give the instruction; the disclosing person is another member of a ship’s crew and his or her conduct was in compliance with an express instruction of the master of the ship or someone authorised by the master to give the instruction. Subsection (2) does not limit the Penalties and Sentences Act 1992 . s 128D ins 2006 No. 21 s 36 (sec.128D-ssec.1) The liability of the disclosing person for his or her own conduct is not affected only because the disclosing person discloses the conduct to an official. (sec.128D-ssec.2) However, a court may have regard to the disclosure if the disclosing person is prosecuted for an offence involving the conduct and either of the following applies— the disclosing person is the master of a ship and his or her conduct was in compliance with an express instruction of the owner of the ship or someone authorised by the owner to give the instruction; the disclosing person is another member of a ship’s crew and his or her conduct was in compliance with an express instruction of the master of the ship or someone authorised by the master to give the instruction. (sec.128D-ssec.3) Subsection (2) does not limit the Penalties and Sentences Act 1992 . - (a) the disclosing person is the master of a ship and his or her conduct was in compliance with an express instruction of the owner of the ship or someone authorised by the owner to give the instruction; - (b) the disclosing person is another member of a ship’s crew and his or her conduct was in compliance with an express instruction of the master of the ship or someone authorised by the master to give the instruction.