sec.51ADefence to discharge offence

### sec.51A Defence to discharge offence Each of the following is a defence to a prosecution for a discharge offence— the discharge was necessary for the purpose of securing the safety of a ship or saving life at sea; the discharge resulted from damage, other than intentional damage, to the ship or its equipment and all reasonable precautions were taken after the damage happened or the discharge was discovered to prevent or minimise the discharge. For subsection (1) (b) , damage to a ship or its equipment is intentional damage only if the damage arose in circumstances in which the ship’s owner, master or another member of the ship’s crew— acted with intent to cause damage; or acted recklessly and with knowledge that damage would probably result. s 51A ins 2002 No. 15 s 36 (sec.51A-ssec.1) Each of the following is a defence to a prosecution for a discharge offence— the discharge was necessary for the purpose of securing the safety of a ship or saving life at sea; the discharge resulted from damage, other than intentional damage, to the ship or its equipment and all reasonable precautions were taken after the damage happened or the discharge was discovered to prevent or minimise the discharge. (sec.51A-ssec.2) For subsection (1) (b) , damage to a ship or its equipment is intentional damage only if the damage arose in circumstances in which the ship’s owner, master or another member of the ship’s crew— acted with intent to cause damage; or acted recklessly and with knowledge that damage would probably result. - (a) the discharge was necessary for the purpose of securing the safety of a ship or saving life at sea; - (b) the discharge resulted from damage, other than intentional damage, to the ship or its equipment and all reasonable precautions were taken after the damage happened or the discharge was discovered to prevent or minimise the discharge. - (a) acted with intent to cause damage; or - (b) acted recklessly and with knowledge that damage would probably result.