38BAbandoned, unseaworthy and sunken vessels

### 38B Abandoned, unseaworthy and sunken vessels > [*\[Section 38B of Part 5 Inserted by No. 8 of 2006, s. 5, Applied:25 Oct 2006\]*](/view/html/inforce/2006-10-25/act-2006-008#GS5@EN) > > > (1)  A vessel is unseaworthy if – > > > > > > (a) it is not properly manned or supplied with provisions; or > > > > > > > (b) it is overloaded or improperly loaded; or > > > > > > > (c) in the case of a commercial vessel, it does not have a current certificate of survey; or > > > > > > > (d) in the case of a vessel other than a commercial vessel, it is certified to be unseaworthy by a marine surveyor or naval architect. > > > (2)  If a vessel is unseaworthy or, in the opinion of the Authority, abandoned or sunken, the Authority may serve a notice on the owner of the vessel requiring him or her to – > > > > > > (a) put the vessel into seaworthy condition within such reasonable period as may be specified in the notice; or > > > > > > > (b) relocate the vessel within such a period. > > > (3)  If, after making reasonable inquiries, the Authority is unable to locate the owner of a vessel, a notice under [subsection (2)](#GS38B@Gs2@EN) may be served by publishing it in a newspaper circulating in the area in which the vessel is located. > > > (4)  An owner of a vessel must comply with a notice issued under [subsection (2)](#GS38B@Gs2@EN) within the period specified in the notice. > > > > Penalty:  Fine not exceeding 50 penalty units and, in the case of a continuing offence, a further penalty of 5 penalty units for each day during which the offence continues.