Commonwealth Consolidated Acts

NAVIGATION ACT 1912 - SECT 227E

             (1)  If a valid Load Line Convention certificate is produced to a surveyor in respect of a non-Australian Load Line Convention ship, his or her powers of inspecting the ship under section 190AA in respect of the matters referred to in subsection (2) of that section are limited to ascertaining:

                     (a)  whether the ship is overloaded;

                     (b)  whether the positions of the load lines on the ship correspond with the positions specified in the certificate;

                     (c)  whether any material alteration that would require the assignment of increased freeboard to the ship has, since the certificate was issued, taken place in the hull or superstructures of the ship;

                     (d)  whether the fittings and appliances for the protection of openings, guard rails, freeing ports and means of access to the crew's quarters have been maintained on the ship in an effective condition; and

                     (e)  whether the ship complies with the conditions specified in any valid Load Line Convention exemption certificate in force in respect of the ship.

             (2)  If:

                     (a)  on inspection by a surveyor of a non-Australian Load Line Convention ship in respect of which a valid Load Line Convention certificate is produced, it is found that:

                              (i)  a material alteration that would require the assignment of increased freeboard to the ship has, since the certificate was issued, taken place in the hull or superstructures of the ship;

                             (ii)  the fittings and appliances for the protection of openings, guard rails, freeing ports and means of access to the crew's quarters have not been maintained on the ship in an effective condition; or

                            (iii)  the ship does not comply with any condition specified in any valid Load Line Convention exemption certificate in force in respect of the ship; and

                     (b)  the Authority is satisfied that the ship is manifestly unfit to proceed to sea without danger to human life;

the Authority may declare the ship to be unseaworthy and thereupon the ship shall be deemed to be unseaworthy for the purposes of section 210.