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Old 9th January 2024 | 07:40
  #63 (permalink)  
Clinton McKenzie
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Joined: Mar 2000
Posts: 848
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From: Canberra ACT Australia
Icarus: You overlooked the bit about the PIC bearing the evidential burden in relation to all 3 matters in order that 13.2(1) applies. One of the other matters is that committing the offence was "the only reasonable way to deal with the emergency".

The PIC can, for example show that there was a sudden or extraordinary emergency - note that an 'ordinary' emergency isn't enough - and also show that the PIC's conduct was a "reasonable response" to that emergency, but if there was another "reasonable way" to deal with the emergency than engaging in the conduct that constitutes the offence, section 13.2(1) does not apply.

Maybe the other provision Bleve quoted at #53 (and was quoted by one of the Balloons all the way back at post #3) is more 'PIC friendly'?

This stuff is unavoidably complicated, folks. Understanding it means eating an elephant. Nibbling at the edges doesn't work.
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