Northern Territory Consolidated Acts Northern Territory Consolidated Acts35. Special defences
(1) Where the owner, master or another person concerned with a vessel is charged with an offence against section 34, it is a defence to prove that -
(a) putting the undesirable substance, or allowing the undesirable substance to fall or flow, into or on the Port was necessary for the purpose of securing the safety of the vessel or of preventing damage to the vessel or cargo or of saving life, and was reasonable in the circumstances;
(b) the undesirable substance fell or flowed from the vessel in consequence of damage to the vessel or cargo, and that all reasonable steps were taken after the occurrence of the damage for stopping or reducing the escape of the undesirable substance; or
(c) the undesirable substance fell or flowed from the vessel in consequence of leakage or loss which could not have been foreseen and avoided, and that all reasonable steps were taken to locate the leakage or loss and stop or reduce the leakage or loss of the undesirable substance.
(2) Where the occupier of a place or the person in charge of apparatus is charged with an offence against section 34, it is a defence to prove that the undesirable substance fell or flowed into the Port in consequence of an accident which could not have been foreseen and avoided, and that all reasonable steps were taken to locate the leakage or source of escape of the undesirable substance and stop or reduce it.