Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person does not contravene section 192, 193, 194 or 195 by doing anything that the person reasonably believes was necessary for the purpose of:
(a) securing the safety of a vessel, aircraft or space object that was in danger; or
(b) dealing with an emergency involving a serious threat to the environment; or
(c) dealing with an emergency involving risk of death of, or injury to, persons; or
(d) dealing with an emergency involving risk of substantial loss of, or substantial damage to, property; or
(e) if a national emergency declaration is in force--dealing with the emergency to which the national emergency declaration relates.
(2) In proceedings for an offence against section 192, 193 or 194, the burden of proving any of the matters referred to in subsection (1) lies on the defendant.
(3) In proceedings for a civil penalty order for a contravention of subsection 195(1), the burden of proving any of the matters referred to in subsection (1) of this section lies on the defendant.