23Definition of seaworthy

23 Definition of seaworthy

A vessel is seaworthy if, and only if: (a) it is in a fit state as to the condition of hull and equipment, boilers (if any) and machinery, the stowage of ballast or cargo, the number and qualifications of seafarers, and in every other respect, to: (i) encounter the ordinary perils of the voyage undertaken; and (ii) not pose a threat to the environment; and (b) it is not overloaded; and (c) the living and working conditions on board the vessel do not pose a threat to the health, safety or welfare of the vessel’s seafarers.

Note: An unseaworthy vessel can be detained under section 248.