Document ID: chunk:federal_register_of_legislation:C2006A00024:clause:2_207
Version: federal_register_of_legislation:C2006A00024
Segment Type: clause
Provision Reference: sch 2 cl 207
Character Range: 41175–42322

207  Definition of seaworthy

 (1) Subject to subsection (2), a ship is to be treated as seaworthy under this Act if, and only if:
 (a) it is in a fit state as to the condition of hull and equipment, boilers and machinery, the stowage of ballast or cargo, the number and qualifications of crew including officers, and in every other respect, to:
 (i) encounter the ordinary perils of the voyage then entered upon; and
 (ii) not pose a threat to the environment; and
 (b) it is not overloaded.

 (2) If:
 (a) it is proposed to take a Safety Convention ship to sea on a voyage from a port in Australia; and
 (b) there is in force in respect of the ship the certificate or certificates that may be required to be produced under subsection 206W(2) in respect of the voyage;
the ship is, for the purposes of this Act, to be treated as meeting the condition in subparagraph (1)(a)(i) in relation to that voyage so far as that condition relates to the condition of the ship and its equipment unless the condition of the ship or of its equipment does not correspond substantially with the particulars of that certificate or of any of those certificates.