Shipping Registration Act 1981 (Cth)

Shipping Registration Act 1981

No. 8, 1981

Compilation No. 21

Compilation date: 14 October 2024

Includes amendments: Act No. 38, 2024

About this compilation

This compilation

This is a compilation of the Shipping Registration Act 1981 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

An Act providing for the registration of ships in Australia, and for related matters

Part IPreliminary 1Short title

This Act may be cited as the Shipping Registration Act 1981.

2Commencement

This Act shall come into operation on a date to be fixed by Proclamation.

3Interpretation

(1)
In this Act, unless the contrary intention appears:
approved form, in relation to a provision of this Act, means a form approved in an instrument under section 3B for the purposes of that provision.
Note: This subsection defines this Act to include the regulations.
Australia includes the external Territories.
Australian General Shipping Register means the Register referred to in subsection 56(1).
Australian International Shipping Register means the Register referred to in subsection 56(2).
Australian national means:
1. (a)
  an Australian citizen;
2. (b)
  a body corporate established by or under a law of the Commonwealth or of a State or Territory; or
3. (c)
  the Commonwealth or a State or Territory.
Australian‑owned ship has the meaning given by section 8.
Australian resident: see resident of Australia.
Australian ship means a ship having Australian nationality by virtue of section 29.
Authority means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990.
beneficial interests includes interests arising under contract and other equitable interests.
bill of sale means a bill of sale referred to in section 36.
branch office means a branch office of the Registration Office.
Certificate of Clearance has the same meaning as in the Customs Act 1901.
civil penalty order has the meaning given by subsection 61BA(4).
civil penalty provision means a subsection, or a section that is not divided into subsections, that has set out at its foot the words “civil penalty” and one or more amounts in penalty units.
coastal trading has the same meaning as in the Coastal Trading (Revitalising Australian Shipping) Act 2012.
Collector of Customs means a person who is a Collector for the purposes of the Customs Act 1901.
Customs officer means a person who is an officer for the purposes of the Customs Act 1901.
demise charter, in relation to a ship, means the demise, letting, hire or delivery of the ship to the charterer under a charterparty, by virtue of which the charterer has whole possession and control of the ship (including the right to appoint the master and crew of the ship).
Deputy Registrar means a Deputy Registrar of Ships referred to in subsection 48(2).
employee organisation means:
1. (a)
  an organisation registered under the Fair Work (Registered Organisations) Act 2009; or
2. (b)
  an organisation recognised under a law of a foreign country as entitled to represent the industrial interests of seafarers.
fish includes turtles, dugong, crustacea, molluscs and any other living resources of the sea or of the seabed.
fishing vessel means a ship that is used, or is intended to be used, wholly or principally for the taking, catching or capturing of fish for trading or manufacturing purposes.
fixed fee, in respect of a matter, means a fee determined by the Authority under section 47 of the Australian Maritime Safety Authority Act 1990 in respect of the matter.
foreign country means a country other than Australia.
foreign port means a port in a foreign country.
foreign resident means a person other than an Australian national or a resident of Australia.
General Register means the Australian General Shipping Register.
Government authority means:
1. (a)
  the Commonwealth or a State or Territory; or
2. (b)
  a body corporate established for a public purpose by or under a law of the Commonwealth or of a State or Territory, other than:
  1. (ii)
    the Western Australian Coastal Shipping Commission; or
  2. (iii)
    a body corporate that is declared by the regulations not to be a Government authority for the purposes of this definition.
Government ship means a ship 12 metres or more in length:
1. (a)
  that belongs to a Government authority or Government authorities, and to no other person;
2. (b)
  the beneficial interest in which is vested in a Government authority or Government authorities, and in no other person; or
3. (c)
  that is for the time being on demise charter to a Government authority or Government authorities, and to no other person.
harbour means a natural or artificial harbour, and includes:
1. (a)
  a navigable estuary, river, creek or channel; or
2. (b)
  a haven, roadstead, dock, pier, jetty or offshore terminal; or
3. (c)
  any other place in or at which ships can obtain shelter or load and unload goods or embark and disembark passengers.
International Register means the Australian International Shipping Register.
international trading has the meaning given by section 61AB.
intra‑State trading: a ship is used to engage in intra‑State trading if, for or in connection with a commercial activity, the ship:
1. (a)
  takes on board passengers or cargo at a port in a State or Territory; and
2. (b)
  carries those passengers or that cargo to another port in the same State or Territory where:
  1. (i)
    some or all of those passengers disembark; or
  2. (ii)
    some or all of that cargo is unloaded.
issuing body has the same meaning as in the Navigation Act.
ITF template agreement means a standard form of agreement that:
1. (a)
  relates to the working conditions of seafarers; and
2. (b)
  is formulated by the International Transport Workers’ Federation; and
3. (c)
  is known as the International Transport Workers’ Federation Uniform Total Crew Cost Collective Agreement; and
4. (d)
  is available on the Authority’s website, or is otherwise available (without charge) from the Authority.
lodged means lodged with the Registrar in accordance with this Act.
master includes a person having command or charge of a ship, but does not include a pilot.
national flag means the Australian National Flag within the meaning of the Flags Act 1953.
Navigation Act means the Navigation Act 2012.
offence based on a particular provision of this Act, being a provision in respect of which section 74 creates an offence, means an offence against section 74 that relates to that provision (unless the contrary intention appears).
officer means a person (who may include the Minister) exercising powers, or performing duties or functions, under this Act.
owner of a ship:
1. (a)
  except in sections 8, 11A, 12, 30 and 58 and in Parts VA and VI—means a person registered as owner in accordance with the regulations; and
2. (b)
  in sections 8, 12, 30 and 58—has its ordinary meaning; and
3. (c)
  in section 11A and Part VA—has the same meaning as in the Navigation Act; and
4. (d)
  in Part VI—has the meaning given by section 62.
pilot means a person who has the lawful conduct of a ship, but does not belong to the ship.
pleasure craft means a ship that is used, or is intended to be used, wholly for recreational or sporting activities, whether or not let, or intended to be let, for hire or reward or consideration of any kind.
port includes a harbour.
PPSA security interest (short for Personal Property Securities Act security interest) means a security interest within the meaning of the Personal Property Securities Act 2009 and to which that Act applies (other than a transitional security interest within the meaning of that Act).
Note: The Personal Property Securities Act 2009 applies to certain security interests in personal property. See the following provisions of that Act:
(a) section 8 (interests to which the Act does not apply);
(b) section 12 (meaning of security interest);
(c) Chapter 9 (transitional provisions).
predominantly used to engage in international trading: a ship is predominantly used to engage in international trading if, in a calendar year, the percentage of the time that the ship is used to engage in international trading exceeds the percentage of the time that the ship is used to engage in coastal trading or intra‑State trading.
previous law means Part I of the Imperial Act known as the Merchant Shipping Act, 1894, as amended, or otherwise affected in its operation, by the provisions of any other Imperial Act or of any Act, in so far as that Part as so amended, or otherwise affected in its operation, is part of the law of the Commonwealth.
proper officer means a person holding, or performing the duties of, any of the following offices (being an office of the Commonwealth) in a country or place outside Australia, namely:
1. (a)
  Ambassador;
2. (b)
  Minister;
3. (c)
  Head of a Mission;
4. (d)
  Chargé d’Affaires;
5. (e)
  Counsellor, Secretary or Attaché of an Embassy, Legation or other post;
6. (f)
  Consul‑General;
7. (g)
  Consul; or
8. (h)
  Vice‑Consul.
provisional registration certificate means a provisional registration certificate granted under section 21, 22 or 65.
red ensign means the Australian Red Ensign within the meaning of the Flags Act 1953.
registered means registered under this Act in:
1. (a)
  the General Register; or
2. (b)
  the International Register.
registered agent, in relation to a ship that is registered in the General Register or International Register, means the person whose name and address are entered in the relevant register in respect of that ship under section 64.
Registers means:
1. (a)
  the General Register; and
2. (b)
  the International Register.
Registrar means the Registrar of Ships referred to in subsection 48(1).
registration certificate means a registration certificate, other than a provisional registration certificate, granted under this Act.
Registration Office means the Australian Shipping Registration Office referred to in section 54.
relevant court, in relation to a matter, means any of the following courts:
1. (a)
  the Federal Court of Australia;
2. (b)
  the Federal Circuit and Family Court of Australia (Division 2);
3. (c)
  a superior court, or lower court, of a State or Territory;
that has jurisdiction in relation to the matter (see section 61BZD).
relevant register, in relation to a ship, means:
1. (a)
  if the ship is, or is to be, registered in the General Register—the General Register; and
2. (b)
  if the ship is, or is to be, registered in the International Register—the International Register.
resident of Australia or Australian resident means an individual:
1. (a)
  whose permanent place of abode is in Australia, whether or not he or she is from time to time temporarily absent from Australia; or
2. (b)
  whose domicile is in Australia, unless his or her permanent place of abode is outside Australia.
seafarer means any person who is employed or works in any capacity on board a ship on the business of the ship, other than the following:
1. (a)
  a pilot;
2. (b)
  an owner of the ship or a person representing the owner;
3. (c)
  law enforcement personnel;
4. (d)
  if the ship is a special purpose vessel within the meaning of the Navigation Act—special personnel, within the meaning of that Act, in relation to the vessel;
5. (e)
  a person temporarily employed on the ship in port;
6. (f)
  a person prescribed by the regulations.
seafarers’ bargaining unit, for a ship, has the meaning given by subsection 11A(2).
share, in relation to a ship, means one of the shares into which the property in a ship is divided as provided by section 11.
ship means any kind of vessel capable of navigating the high seas and includes:
1. (a)
  a barge, lighter or other floating vessel;
2. (b)
  a structure that is able to float or be floated and is able to move or be moved as an entity from one place to another; and
3. (c)
  an air‑cushion vehicle, or other similar craft, used wholly or primarily in navigation by water;
but does not include a vessel, structure, vehicle or craft declared by the regulations not to be a ship for the purposes of this definition.
ship entitled to be registered means:
1. (a)
  a ship that is required to be registered; or
2. (b)
  a ship that is permitted to be registered.
ship on demise charter to an Australian‑based operator has the meaning given by section 9.
ship permitted to be registered means a ship permitted to be registered by virtue of section 14 or 15B.
ship required to be registered means a ship required to be registered by virtue of section 12.
small craft means a ship less than 12 metres in overall length.
temporary pass means a temporary pass granted under section 23.
this Act includes the regulations.
trading ship means a ship for use in connection with a commercial activity, but does not include:
1. (a)
  a Government ship; or
2. (b)
  a fishing vessel; or
3. (c)
  a pleasure craft.
Example: An example of a trading ship is a ship that is used wholly for the carriage of passengers or cargo for hire or reward.
unregistered ship means a ship entitled to be registered that is not registered.
work agreement has the same meaning as in the Navigation Act.
(2)
In this Act, unless the contrary intention appears, a reference to the owner of a ship shall, if there is more than one owner of the ship, be read as a reference to each of the owners.
(5)
A reference in this Act to failing to do an act or thing shall be read as including a reference to refusing to do that act or thing.
(6)
For the purposes of this Act, strict compliance with an approved form is not required and substantial compliance is sufficient.
(7)
A reference in this Act to an offence against this Act, to an offence against a provision of this Act or to a contravention of, or failure to comply with, a provision of this Act shall be read as including a reference to an offence against section 6 of the Crimes Act 1914, or against section 11.1 or 11.4 of the Criminal Code, in relation to this Act.
(8)
In this Act, a reference to a ship includes a reference to every thing or article belonging to or to be used in connection with, or necessary for the operation and safety of, the ship.

3AEffect of closure or cancellation of registration

If the registration of a ship is closed or cancelled under this Act, the ship ceases to be registered.

3BApproved forms

(1)
The Authority may, by writing, approve a form for the purposes of a provision of this Act.
Note: Subsection 3(1) defines this Act to include the regulations.
(2)
The Authority may approve different forms of a registration certificate, or a provisional registration certificate, for different kinds of ships.
(3)
Subsection (2) does not limit subsection 33(3A) of the Acts Interpretation Act 1901.
(4)
The Authority must publish each approved form on its website.

4Repeal

The previous law is repealed.

5Act binds the Crown

(1)
This Act binds the Crown in each of its capacities.
(2)
This Act does not make the Crown liable to be prosecuted for an offence.

6Application of Act

This Act extends to every external Territory and to acts, omissions, matters and things outside Australia, whether or not in a foreign country.

7Act not to apply to Defence Force ships etc.

This Act does not apply in relation to a ship belonging to an arm of the Defence Force of Australia or to the naval, military or air forces of a foreign country.

8Australian‑owned ships

(1)
A reference in this Act to an Australian‑owned ship shall be read as a reference to a ship that:
1. (a)
  is owned by an Australian national or Australian nationals, and by no other person;
2. (b)
  is owned (otherwise than as described in paragraph (c)) by 3 or more persons as joint owners, where the majority of those persons are Australian nationals; or
3. (c)
  is owned by 2 or more persons as owners in common, where more than half of the shares in the ship are owned by an Australian national or Australian nationals.
(2)
For the purposes of paragraph (1)(c), where 2 or more persons are joint owners of a share or shares in a ship:
1. (a)
  in the case of 2 or more particular shares that are owned by the same persons—the interest of each owner in the shares shall be ascertained by dividing the number of the shares by the number of the owners of the shares; and
2. (b)
  in the case of a share to which paragraph (a) does not apply—the interest of each owner in the share shall be ascertained by dividing the number one by the number of the owners of the share;
and, if the sum of the interests so ascertained in respect of all jointly‑owned shares in the ship as being interests of an Australian national or Australian nationals is a whole number or a whole number and a fraction, such number of those shares as is equal to that whole number shall be deemed to be owned by an Australian national or Australian nationals.

9Ships on demise charter to Australian‑based operators

(1)
A reference in this Act to a ship on demise charter to an Australian‑based operator shall be read as a reference to a ship (not being a ship required to be registered or a ship that may be registered by virtue of paragraph 14(a), (b) or (c) or 15B(a), (b) or (c)) on demise charter to:
1. (a)
  an Australian national or Australian nationals, and to no other person; or
2. (b)
  2 or more persons who include an Australian national or Australian nationals, where the Australian national is, or the Australian nationals are, as the case may be, in a position to control the exercise of the rights and powers of the charterers under the charterparty.
(2)
In subsection (1), a reference to an Australian national does not include:
1. (a)
  if the Australian national is an Australian citizen—a reference to an Australian citizen who is not ordinarily resident in Australia; or
2. (b)
  if the Australian national is a body corporate established by or under a law of the Commonwealth or of a State or Territory—a reference to such a body corporate that does not have its principal place of business in Australia.

10Determination of overall length and tonnage length of ship

(1)
For the purposes of this Act, the overall length of a ship shall, subject to subsection (2), be ascertained by measuring the distance between:
1. (a)
  a vertical line passing through a point, being the foremost part of the stem; and
2. (b)
  a vertical line passing through a point, being the aftermost part of the stern.
(2)
Where, by reason of the nature of the constructional features of a ship, it is, in the opinion of the Registrar, impracticable to ascertain the overall length of the ship under subsection (1), the overall length of the ship shall be ascertained in such manner as the Registrar determines.
(3)
For the purposes of this Act, the tonnage length of a ship shall be ascertained in a manner specified in the regulations.

11Registration of property in ships

(1)
For the purposes of the registration of a ship:
1. (a)
  the property in the ship shall be divided into 64 shares;
2. (b)
  subject to paragraph (c), subsection (2) and section 37, the number of persons registered as owners of the ship shall not at any time exceed 64, but nothing in this paragraph affects the beneficial interests of any number of persons or of a body corporate represented by or claiming under or through a registered owner (including a registered joint owner);

1. (c)
  any number of persons not exceeding 5 may be registered as joint owners of the ship or of a share or shares in the ship;
2. (d)
  a joint owner of the ship or of a share or shares in the ship is not entitled to dispose of his or her interest in severalty;
3. (e)
  a person shall not be registered as the owner of a fractional part of a share in the ship; and
4. (f)
  a body corporate shall be registered as owner by its corporate name.
(2)
For the purposes of paragraph (1)(b), where a share in a ship is jointly owned, or 2 or more shares in a ship are jointly owned by the same persons, the joint owners of that share, or of those shares, as the case may be, shall be treated as constituting one person.

11ACollective agreement with the seafarers’ bargaining unit

(1)
The owner of a ship may make an agreement (a collective agreement) with the seafarers’ bargaining unit for the ship about the terms and conditions of employment or engagement of all the seafarers working on board the ship when it is used to engage in international trading.
Note: Before a ship can be registered in the International Register, the owner of the ship must make a collective agreement under subsection (1): see paragraph 15F(3)(b).
(2)
The seafarers’ bargaining unit for a ship is a body consisting of a representative from each employee organisation that:
1. (a)
  has, as a member, one or more seafarers who will work on the ship when it is used to engage in international trading; and
2. (b)
  is entitled to represent the industrial interests of those seafarers in relation to that work; and
3. (c)
  has given written notice to the owner of the ship that it wishes to be a member of the body and has not withdrawn that notice.
(3)
The regulations may prescribe requirements in relation to the making of a collective agreement under this section.
(4)
The Fair Work Act 2009 does not apply in relation to the making of a collective agreement under this section, and a collective agreement under this section is not an enterprise agreement for the purposes of that Act.

Part IIRegistration of ShipsDivision 1RegistrationSubdivision AObligation to register Australian‑owned ships12Obligation to register Australian‑owned ships

(1)
Subject to this Part, every Australian‑owned ship shall be registered under this Act.
(2)
Where an Australian‑owned ship is operated by a foreign resident under a demise charter, the Authority may, by instrument in writing, exempt the ship during the term of the charter from the requirement to be registered.
(3)
Where a ship required to be registered is not registered, the owner of the ship commits, in respect of each day on which the ship remains unregistered (including the day of a conviction for an offence against this subsection or any subsequent day), an offence, and, whether or not proceedings are instituted for such an offence, the ship may be detained until registration is effected.
(3A)
An offence under subsection (3) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(3B)
The owner does not commit an offence against subsection (3), and the ship may not be detained under that subsection, if:
1. (a)
  the owner has made an application in accordance with section 15 or 15C to register the ship; and
2. (b)
  the Registrar has not made a decision on the application about whether to register the ship under section 15E or subsection 15F(1).
(3C)
The owner does not commit an offence against subsection (3), and the ship may not be detained under that subsection, if:
1. (a)
  the owner has made an application in accordance with section 15C to register the ship in the International Register; and
2. (b)
  the Registrar has made a decision not to register the ship under subsection 15F(1); and
3. (c)
  either:
  1. (i)
    the Registrar has not notified the owner of the decision; or
  2. (ii)
    the owner has made an application under section 78A for review of the Registrar’s decision, and a decision has not been made on the application.
(3D)
The owner does not commit an offence against subsection (3), and the ship may not be detained under that subsection, if:
1. (a)
  the Registrar has made a decision to cancel the registration of the ship under section 33B; and
2. (b)
  either:
  1. (i)
    the Registrar has not notified the owner of the decision; or
  2. (ii)
    the owner has made an application under section 78A for review of the Registrar’s decision, and a decision has not been made on the application.
(4)
It is not a defence to a prosecution under subsection (3) that the ship required to be registered is registered under the law of a foreign country.

13Exemptions from registration

Ships less than 24 metres in tonnage length, Government ships, fishing vessels and pleasure craft are exempt from the requirement to be registered under section 12 but are subject to section 68 if they are unregistered ships.

Subdivision BThe General Register14Ships that may be registered in the General Register

The following ships may be registered in the General Register:
(a)
Australian‑owned ships;
(b)
small craft that are wholly owned by Australian residents, or by Australian residents and Australian nationals;
(c)
small craft that are operated solely by Australian residents, or by Australian nationals, or by both;
(d)
ships that are on demise charter to Australian‑based operators.

15Application for registration in the General Register

An application to register a ship in the General Register must:
(a)
be made in accordance with the regulations; and
(b)
be accompanied by the fixed fee (if any) for the application.

Subdivision CThe International Register15AObjects of the International Register

The objects of the International Register are to:
(a)
facilitate Australian participation in international trade; and
(b)
provide an internationally competitive register to facilitate the long term growth of the Australian shipping industry; and
(c)
promote the enhancement and viability of the Australian maritime skills base and the Australian shipping industry.

15BShips that may be registered in the International Register

The following ships may be registered in the International Register if they are at least 24 metres in tonnage length:
(a)
trading ships that are Australian‑owned ships;
(b)
trading ships that are wholly owned by Australian residents, or by Australian residents and Australian nationals;
(c)
trading ships that are operated solely by Australian residents, or by Australian nationals, or by both;
(d)
trading ships that are on demise charter to Australian‑based operators.

15CApplication for registration in the International Register

An application to register a ship in the International Register must:
(a)
be made in accordance with the regulations; and
(b)
be accompanied by the fixed fee (if any) for the application; and
(c)
be accompanied by evidence that a collective agreement has been made under section 11A.

15DPre‑registration inspection

(1)
If the Registrar receives an application under section 15C to register a ship in the International Register, the Registrar may require that the ship be inspected by an employee or agent of an issuing body for the purposes of determining the application for registration.
(2)
An employee or agent of an issuing body may, at any reasonable time, go on board a ship and inspect the ship for the purposes of subsection (1).
(3)
However, an employee or agent of an issuing body must not inspect a ship unless the fixed fee (if any) for the inspection has been paid.

Subdivision DRegistration15ERegistration in the General Register

If an application under section 15 is made to register a ship in the General Register, then, subject to sections 16 and 17, the Registrar must register the ship in that register by entering in that register such particulars relating to the ship as are prescribed by the regulations.

15FRegistration in the International Register

(1)
If an application under section 15C is made to register a ship in the International Register, then, subject to sections 16 and 17, the Registrar may register the ship in that register by entering in that register such particulars relating to the ship as are prescribed by the regulations.
(2)
When deciding under subsection (1) whether to register a ship in the International Register, the Registrar must have regard to:
1. (a)
  the age of the ship; and
2. (b)
  any information contained in the ship’s port state control inspection records in relation to the period prescribed by the regulations; and
3. (c)
  the ship’s classification society records in relation to the period prescribed by the regulations; and
4. (d)
  any inspection of the ship made by an employee or agent of an issuing body under section 15D; and
5. (e)
  any matter that the Registrar considers relevant; and
6. (f)
  any matter prescribed by the regulations.
(3)
The Registrar must refuse to register the ship in the International Register if the Registrar is satisfied that:
1. (a)
  the ship will not be predominantly used to engage in international trading; or
2. (b)
  a collective agreement has not been made between the owner of the ship and the ship’s seafarers’ bargaining unit under section 11A.
(4)
The Registrar may refuse to register the ship in the International Register if the applicant for registration refuses to allow an employee or agent of an issuing body to go on board or inspect the ship under section 15D.
(5)
Subsections (3) and (4) do not limit the grounds on which the Registrar may refuse to register a ship in the International Register.
(6)
If the Registrar refuses to register a ship in the International Register, the Registrar must give written notice of the decision to the applicant, specifying the reasons for the refusal.

16Tonnage measurement of ship before registration

(1)
The Registrar must not register a ship in the General Register or International Register unless and until a certificate relating to the tonnage measurement of the ship issued under, or otherwise having effect because of, the Navigation Act has been lodged with the Registrar.
(2)
Subsection (1) does not apply to a prescribed ship, or ships included in a prescribed class of ships.

17No multiple registrations

(1)
The Registrar must not:
1. (a)
  register a ship in the General Register if it is registered:
  1. (i)
    in the International Register; or
  2. (ii)
    under a law of a foreign country; and
2. (b)
  register a ship in the International Register if it is registered:
  1. (i)
    in the General Register; or
  2. (ii)
    under a law of a foreign country.
(2)
Where, in relation to a ship that has, at any time, been registered under the law of a foreign country, application is made for the registration of the ship under this Act, the application shall be accompanied by such evidence as the Registrar requires to establish:
1. (a)
  that the ship is no longer registered under the law of that country; or
2. (b)
  that steps have been taken, or are proposed to be taken, to close the registration of the ship under the law of that country on or before the registration of the ship under this Act.

Division 2Registration certificates19Grant of registration certificate

(1)
Upon the registration of a ship in the General Register or International Register, the Registrar must grant a registration certificate for the ship.
(2)
The registration certificate must:
1. (a)
  be in the approved form; and
2. (b)
  contain the particulars relating to the ship that were entered in the relevant register; and
3. (c)
  contain such other matters as are prescribed.

20Custody of registration certificate

(1)
The registration certificate of a ship shall not be used except for the purpose of the lawful navigation of the ship, and shall not be subject to detention by reason of a claim by an owner, mortgagee, charterer, operator or any other person to any title to, lien or charge on, or interest in, the ship.
(2)
A person having possession or control of a registration certificate shall not fail to deliver the certificate on demand to the person entitled to the custody of it for the purposes of the lawful navigation of the ship, or to the Registrar, a Deputy Registrar, a proper officer or any other person entitled by law to require its delivery.
(2A)
Subsection (2) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code).
(2B)
An offence based on subsection (2) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(3)
If, in any proceedings in respect of an offence against this section in relation to a registration certificate, the court is of the opinion that the certificate is lost, the court shall make an order to that effect and cause an office copy of the order to be served on the Registrar.
(4)
In this section, registration certificate includes a provisional registration certificate.

21New certificates and provisional certificates

(1)
Where:
1. (a)
  a registration certificate is mislaid, lost or destroyed; or
2. (b)
  a registration certificate is lodged with the Registrar;
the Registrar shall, upon application made in the manner prescribed, grant a new certificate in substitution for that certificate.
(2)
If:
1. (a)
  an event referred to in paragraph (1)(a) occurs while the ship concerned is at a foreign port at which there is a proper officer; or
2. (b)
  such an event occurs while the ship concerned is at sea or at a foreign port at which there is no proper officer and, subsequently, but before arriving at an Australian port, the ship arrives at a foreign port at which there is a proper officer;
the Registrar or the proper officer at that port shall, upon application made to him or her, subject to the regulations, grant a provisional registration certificate in respect of the ship in accordance with the approved form.
(3)
Subject to subsection (5), a provisional registration certificate granted in respect of a ship under subsection (2) has the same effect as a registration certificate until:
1. (a)
  the ship arrives at an Australian port; or
2. (b)
  the expiration of a period of 6 months commencing on the date on which the certificate was granted;
whichever first happens.
(4)
Where a proper officer grants a provisional registration certificate under this section, he or she shall forward a copy of the certificate to the Registrar.
(5)
If, while a provisional registration certificate granted in respect of a ship under subsection (2) is in effect, application is made in the manner prescribed, the Registrar may, by notice in writing served on the applicant, extend, in relation to the certificate, the period referred to in paragraph (3)(b) and, in that event, the reference in that paragraph to a period of 6 months shall be read as a reference to that period as so extended.
(6)
The person who has possession of a provisional registration certificate granted under subsection (2) shall, within 10 days after the ship first arrives at an Australian port after the grant, lodge the certificate with the Registrar.
(7)
Upon lodgment of a provisional registration certificate under subsection (6), the Registrar shall, in his or her discretion:
1. (a)
  grant a further provisional registration certificate in respect of the ship in accordance with the approved form; or
2. (b)
  grant a new registration certificate in respect of the ship.
(8)
A provisional registration certificate granted under paragraph (7)(a) has the same effect as a registration certificate for such period after the date on which the certificate was granted as the Registrar specifies in the certificate.

22Provisional certificates for ships becoming entitled to be registered when abroad

(1)
If:
1. (a)
  while a ship is at a foreign port at which there is a proper officer, it becomes a ship entitled to be registered; or
2. (b)
  while a ship is at sea or at a foreign port at which there is no proper officer, it becomes a ship entitled to be registered and, subsequently, but before arriving at an Australian port, it arrives at a foreign port at which there is a proper officer;
the proper officer at that port may, subject to the regulations, grant a provisional registration certificate in respect of the ship in accordance with the approved form.
(2)
Subject to subsection (4), a provisional registration certificate granted in respect of a ship under this section has the same effect as a registration certificate, and, for the purposes of this Act and of the lawful navigation of the ship, the ship shall be deemed to be registered, until:
1. (a)
  the ship arrives at an Australian port; or
2. (b)
  the expiration of a period of 6 months commencing on the date on which the certificate was granted;
whichever first happens.
(3)
Where a proper officer grants a provisional registration certificate under this section, he or she shall forward a copy of the certificate to the Registrar.
(4)
If, while a provisional registration certificate granted in respect of a ship under subsection (1) is in effect, application is made in the manner prescribed, the Registrar may, by notice in writing served on the applicant, extend, in relation to the certificate, the period referred to in paragraph (2)(b) and, in that event, the reference in that paragraph to a period of 6 months shall be read as a reference to that period as so extended.
(5)
The person who has possession of a provisional registration certificate granted in respect of a ship under subsection (1) shall, within 10 days after the ship first arrives at an Australian port after the grant, lodge the certificate with the Registrar.
(6)
Upon lodgment of a provisional registration certificate under subsection (5), the Registrar may grant a further provisional registration certificate in respect of the ship in accordance with the approved form.
(7)
A provisional registration certificate granted in respect of a ship under subsection (6) has the same effect as a registration certificate for such period after the date on which the certificate was granted as the Registrar specifies in the certificate and, for the purposes of this Act and of the lawful navigation of the ship, the ship shall be deemed to be registered during that period.

22AProvisional certificates granted by the Registrar

(1)
If, while a ship is at sea or at a foreign port, it becomes a ship entitled to be registered, the Registrar may, subject to the regulations, grant a provisional registration certificate in respect of the ship in accordance with the approved form.
(2)
If, while a ship is at an Australian port, it is or becomes entitled to be registered, the Registrar may, subject to the regulations, after he or she is satisfied that it is the intention of the owner of the ship that the ship will depart from that port to a place outside Australia, grant a provisional registration certificate in respect of the ship in accordance with the approved form.
(3)
Subject to subsection (4), a provisional registration certificate granted in respect of a ship under this section has the same effect as a registration certificate and, for the purposes of this Act and of the lawful navigation of the ship, the ship shall be deemed to be registered until:
1. (a)
  in the case of a ship in respect of which the certificate was granted under subsection (1):
  1. (i)
    the ship arrives at an Australian port; or
  2. (ii)
    the expiration of a period of 6 months commencing on the date on which the certificate was granted;
whichever first happens; or
1. (b)
  in the case of a ship in respect of which a certificate was granted under subsection (2):
  1. (i)
    the ship first returns from a place outside Australia to an Australian port after the grant; or
  2. (ii)
    the expiration of a period of 6 months commencing on the date on which the certificate was granted;
whichever first happens.
(4)
If, while a provisional registration certificate granted in respect of a ship under subsection (1) or (2) is in effect, application is made in the manner prescribed, the Registrar may, by notice in writing served on the applicant, extend, in relation to the certificate, the period referred to in subparagraph (3)(a)(ii) or (3)(b)(ii), as the case requires, and, in that event, the reference in that subparagraph to the period of 6 months shall be read as a reference to that period as so extended.
(5)
The person who has possession of a provisional registration certificate granted in respect of a ship under subsection (1) or (2) shall:

1. (a)
  in a case where the certificate was granted under subsection (1)—within 10 days after the ship first arrives at an Australian port after the grant; or
2. (b)
  in a case where the certificate was granted under subsection (2)—within 10 days after the ship first returns from a place outside Australia to an Australian port after the grant;
lodge the certificate with the Registrar.
(6)
Upon lodgment of a provisional registration certificate under subsection (5), the Registrar may grant a further provisional registration certificate in respect of a ship in accordance with the approved form.
(7)
A provisional registration certificate granted in respect of a ship under subsection (6) has the same effect as a registration certificate for such period after the date on which the certificate was granted as the Registrar specifies in the certificate and, for the purposes of this Act and of the lawful navigation of the ship, the ship shall be deemed to be registered during that period.

22BProvisional registration certificates not to be issued in certain circumstances

A provisional registration certificate shall not be granted by a proper officer under subsection 22(1), or by the Registrar under subsection 22A(1) or (2), in respect of a ship unless the person granting the certificate is satisfied that, at the time of his or her so granting the certificate, an application for registration of the ship under section 15 or 15C has been lodged with the Registrar and that that application has yet to be determined.

23Temporary passes

(1)
Where the Authority is satisfied that, by reason of special circumstances, permission should be granted for an unregistered ship to travel:
1. (a)
  from an Australian port to a foreign port; or
2. (b)
  from a foreign port to another foreign port or to an Australian port;
it may direct the Registrar to grant a temporary pass in respect of that ship, specifying the voyage which the ship is authorized to make and the time during which the pass remains valid, and the Registrar shall grant the pass accordingly.
(2)
A temporary pass shall be in the approved form.
(3)
A temporary pass granted in respect of a ship has, subject to the matters specified in the pass, the same effect as a registration certificate and, for the purposes of this Act and of the lawful navigation of the ship on the voyage specified in the pass, the ship shall be deemed to be registered.

25Use of improper certificate

A person who, in relation to a ship, whether or not it is a registered ship, uses, or permits the use of, a registration certificate, provisional registration certificate or temporary pass not legally granted and in force under this Act in respect of the ship commits an offence.

Division 3Identification26Marking of ship

(1)
A ship shall not be registered until it has been marked in accordance with the regulations with marks directed by the Registrar by notice in writing served on the owner or one of the owners and evidence of a kind specified in the regulations of the ship’s having been so marked has been lodged with the Registrar.
(2)
Subject to subsection (4), if the markings placed on a registered ship in accordance with the requirements of subsection (1) are not maintained, the owner and master of the ship each commit, in respect of each day during which the markings are not maintained (including the day of a conviction under this subsection or any subsequent day), an offence punishable upon conviction:
1. (a)
  if the offender is a natural person—by a fine not exceeding 10 penalty units; or
2. (b)
  if the offender is a body corporate—by a fine not exceeding 20 penalty units.
(2A)
An offence under subsection (2) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(3)
A person must not engage in conduct that results in the concealment, removal, alteration, defacing or obliteration of any marking that is on a registered ship in accordance with the requirements of subsection (1).
(3A)
Strict liability applies to the element of an offence against subsection (3) that the ship be marked in accordance with a requirement in subsection (1).
Note: For strict liability, see section 6.1 of the Criminal Code.
(4)
Subsections (2) and (3) do not apply in relation to anything done as authorized by the regulations or done for the purpose of escaping capture by an enemy.
(5)
In this section:
engage in conduct means:
1. (a)
  do an act; or
2. (b)
  omit to perform an act.

27Name of registered ship and change of name

(1)
A person shall not describe a registered ship by any name other than the name by which the ship is for the time being registered.
(2)
Subject to this Act, application may be made to the Registrar, in the manner prescribed, for a change in the name of a registered ship.
(3)
If:
1. (a)
  the name proposed for a ship in an application for the registration of the ship; or
2. (b)
  the new name proposed for a registered ship in an application under subsection (2),
is a prescribed name, or a name included in a prescribed class of names, the Registrar shall disallow the name.
(4)
Where the Registrar grants an application under subsection (2):
1. (a)
  he or she shall cause the new name to be entered in the relevant register and endorsed on the ship’s registration certificate; and
2. (b)
  section 26 applies in relation to the marking of the new name on the ship as if the ship had been registered by that name.

28Power of Minister to disallow name proposed for ship

The Minister may, by notice in writing given to the Registrar, disallow:
(a)
the name proposed for a ship in an application for the registration of the ship; or
(b)
the new name proposed for a registered ship in an application under subsection 27(2);
if the Minister is of the opinion that the description of the ship by that name is likely to prejudice the international relations of the Commonwealth.

Division 4Nationality and national Colours29Certain ships to have Australian nationality

(1)
The following ships shall, for all purposes, be taken to be Australian ships and to have Australian nationality:
1. (a)
  registered ships;
2. (b)
  unregistered ships (other than ships required to be registered), being:
  1. (i)
    Australian‑owned ships referred to in section 13;
  2. (ii)
    ships wholly owned by residents of Australia or by residents of Australia and Australian nationals; or
  3. (iii)
    ships operated solely by residents of Australia or Australian nationals or both.
(2)
Nothing in subsection (1) shall be taken to alter the character of a ship as an article of personal property.
(3)
In this section, unregistered ship means a ship that is not registered under this Act or under the law of a foreign country.

30National colours and other flags

(1)
It is hereby declared that the national colours for Australian ships are:
1. (a)
  in the case of ships registered by virtue of section 12 or ships (other than ships referred to in section 13) registered by virtue of paragraph 14(d) or ships registered by virtue of section 15B—the red ensign; and
2. (b)
  in any other case—the national flag and the red ensign.
(2)
When in waters outside Australian waters:
1. (a)
  a ship to which paragraph (1)(a) applies may at any time, and shall as and when required by the regulations, fly the red ensign;
2. (b)
  a registered ship, other than a ship to which paragraph (1)(a) applies, may at any time, and shall as and when required by the regulations, fly the national flag or the red ensign; and
3. (c)
  a ship to which paragraph 29(1)(b) applies may at any time fly the national flag or the red ensign.
(2A)
An offence based on subsection (2) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(3)
Subject to subsections (4) and (5), when in Australian waters, a registered ship shall, as and when required by the regulations, fly the national flag or the red ensign.
(3A)
An offence based on subsection (3) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(4)
If:
1. (a)
  a ship is required by subsection (3) to fly the national flag or the red ensign at a particular time (in this subsection referred to as the relevant time);
2. (b)
  there was in force, immediately before the commencement of this Act, a warrant from Her Majesty or the Admiralty under section 73 of the Imperial Act known as the Merchant Shipping Act, 1894, as amended by any other Imperial Act, authorizing the use by the ship of the British Blue Ensign (with or without defacement);
3. (c)
  that section is in force at the relevant time as part of the law of the United Kingdom; and
4. (d)
  the flying of that Ensign by the ship at the relevant time is authorized by the warrant;
it is sufficient compliance with subsection (3) for the ship to fly that Ensign at the relevant time in lieu of the national flag or the red ensign.
(5)
If:
1. (a)
  a ship is required by subsection (3) to fly the national flag or the red ensign at a particular time; and
2. (b)
  the ship is, at that time:
  1. (i)
    entitled to fly a particular flag by virtue of an authority under section 6 of the Flags Act 1953; or
  2. (ii)
    entitled to fly a particular flag of a State or Territory;
it is sufficient compliance with subsection (3) for the ship to fly that particular flag at that time in lieu of the national flag or the red ensign.
(6)
A person shall not, in relation to a ship, use, or permit the use, at any one time, of 2 or more of the flags referred to in the preceding provisions of this section.
(7)
When an Australian ship is in waters outside Australian waters, a person shall not, in relation to that ship:
1. (a)
  except as provided in subsection (2), use, or permit the use of, a flag referred to in, or appointed under, the Flags Act 1953; or
2. (b)
  use, or permit the use of, a flag of a State or Territory or a flag to which a warrant referred to in subsection (4) relates.
(8)
A person shall not, in relation to a ship required to be registered that is not registered, use, or permit the use of, the national flag or the red ensign.
(8A)
An offence based on subsection (6), (7) or (8) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(9)
Where, in relation to a ship, there is a contravention of, or failure to comply with, a provision of this section, the master and owner of the ship each commit an offence.
(10)
Upon application made in the manner prescribed by the owner or operator of a ship to which paragraph 29(1)(b) applies, the Registrar shall grant to the applicant a certificate stating that the ship is entitled to fly the national flag and the red ensign in accordance with this section.
(11)
A certificate granted under subsection (10) is, for all purposes, prima facie evidence of the facts stated therein.
(12)
In this section:
Australian waters means the territorial sea of Australia and any marine or tidal waters that are on the landward side of any part of that sea.
flag includes an ensign.

31Declaration of ship’s nationality before clearance

(1)
A Collector of Customs shall not grant a Certificate of Clearance in respect of a ship about to depart from an Australian port to a place outside Australia until the master of the ship has declared to the Collector the nationality of the ship.
(2)
A declaration made under subsection (1) shall be recorded on the Certificate of Clearance.

32Improperly assuming Australian nationality

(1)
If the master or owner of a ship that is not an Australian ship does anything, or permits anything to be done, that results in a ship appearing to be an Australian ship, the ship is subject to forfeiture under this Act, and the Master and owner each commit an offence.
(2)
Subsection (1) does not apply if the master or owner of the ship does the thing for the purpose of escaping capture by an enemy.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).
(3)
An offence based on subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

33Concealing Australian nationality

(1)
If the master or owner of an Australian ship does anything, or permits anything to be done that results in:
1. (a)
  concealing the nationality of the ship from any person entitled by a law of the Commonwealth or of a State or Territory to inquire into the nationality of the ship; or
2. (b)
  deceiving any such person; or
3. (c)
  the ship appearing not to be an Australian ship;
the ship is subject to forfeiture under this Act, and the master and owner each commit an offence.
(2)
Subsection (1) does not apply if the master or owner of the ship does the thing to escape capture by an enemy.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).
(3)
An offence based on subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

Division 5Special provisions relating to the International RegisterSubdivision AConditions of registration in the International Register33AConditions of registration in the International Register

(1)
It is a condition of registration of a ship in the International Register that the person referred to in subsection (3) in relation to the ship must ensure that:
1. (a)
  an Australian national or Australian resident is the master or chief mate of the ship; and
2. (b)
  an Australian national or Australian resident is the chief engineer or first engineer of the ship.
Civil penalty: 300 penalty units.
(2)
It is a condition of registration of a ship in the International Register that the person referred to in subsection (3) in relation to the ship must take reasonable steps to ensure that the positions of master and chief engineer are occupied by a person who is an Australian national or Australian resident.
Civil penalty: 300 penalty units.
(3)
For the purposes of subsections (1) and (2), the person is:
1. (a)
  if the ship is registered because of paragraph 15B(a) or (b)—the owner of the ship; and
2. (b)
  if the ship is registered because of paragraph 15B(c) or (d)—the operator of the ship.
(4)
Sections 257, 258 and 259 of the Navigation Act, and definitions in Chapter 1 of that Act of terms relevant to any of those sections, apply in relation to this section as if this section were included in that Act.
Note 1: Those sections of the Navigation Act deal with boarding ships and exercising monitoring powers to find out whether that Act is being, or has been, complied with.
Note 2: Part VB is also relevant to enforcement of this section.

Subdivision BCancellation of registration in the International Register33BCancellation of registration in the International Register

(1)
The Registrar may cancel the registration of a ship in the International Register if the Registrar is satisfied that:
1. (a)
  the ship is or has been involved in a contravention, either in or outside of Australia, of:
  1. (i)
    this Act; or
  2. (ii)
    the Navigation Act; or
  3. (iii)
    the Protection of the Sea (Prevention of Pollution from Ships) Act 1983; or
  4. (iv)
    a law prescribed by the regulations; or
2. (b)
  the ship:
  1. (i)
    is not seaworthy (within the meaning of the Navigation Act); or
  2. (ii)
    is substandard (within the meaning of the Navigation Act); or
3. (c)
  the ship has not been, or will not be, predominantly used to engage in international trading; or
4. (d)
  a collective agreement, made between the owner of the ship and the ship’s seafarers’ bargaining unit under section 11A, is not in force when the ship is used to engage in international trading; or
5. (e)
  a prescribed ground for cancelling the registration applies to the ship.
(2)
If the Registrar cancels the registration of a ship in the International Register, the Registrar must give written notice of the decision to the owner, specifying the reasons for the cancellation.
(3)
The regulations may prescribe requirements in relation to the cancellation of registration under this section.

Subdivision CBasis of registration in the International Register33CBasis of registration in the International Register

(1)
A ship is registered in the International Register on the basis that:
1. (a)
  the registration may be closed under this Act; and
2. (b)
  the registration may be cancelled under section 33B; and
3. (c)
  the registration may be closed, cancelled, revoked, terminated or varied by or under later legislation; and
4. (d)
  no compensation is payable if the registration is closed, cancelled, revoked, terminated or varied as mentioned in any of the above paragraphs.
(2)
Subsection (1) does not, by implication, affect the interpretation of any other provision of this Act.

Part IIITransfers, transmissions, security interests and other dealings 34Interpretation

In this Part, ship means a registered ship.

36Transfer of ship etc.

(1)
Subject to section 37, a ship or a share in a ship shall be transferred by a bill of sale made in accordance with the regulations.
(2)
Where a ship or a share in a ship is so transferred, the bill of sale and a declaration of transfer made by the transferee under subsection (3) shall be lodged by the transferee with the Registrar within 14 days after execution of the bill of sale or within such longer period as the Registrar, in special circumstances, allows.
(2A)
The Registrar shall, as soon as practicable after the lodgment by the transferee of a bill of sale relating to the transfer of a ship or a share in a ship together with a declaration of transfer, register the bill of sale by entering in the relevant register the name of the transferee as owner of the ship or share and shall endorse on the bill of sale the fact of the entry having been made, together with the date and time of the making of the entry.
(3)
A declaration of transfer for the purposes of subsection (2) shall be made in accordance with the regulations and, where the transferee is not the Commonwealth or a State or Territory, shall include:
1. (a)
  in the case of the transfer of a ship, or a share in a ship, other than a small craft:
  1. (i)
    a statement specifying the nationality of the transferee or, where the transferee is a body corporate, the country in which it was incorporated; and
  2. (ii)
    a statement that, to the best of the knowledge and belief of the person making the declaration, the ship concerned will not cease to be an Australian‑owned ship by reason only of the transfer; or
2. (b)
  in the case of the transfer of a ship, or a share in a ship, being a small craft:
  1. (i)
    a statement specifying the nationality of the transferee or, where the transferee is a body corporate, the country in which it was incorporated;
  2. (ii)
    a statement specifying the normal place of residence of the transferee or, where the transferee is a body corporate, the principal place of business of the body corporate; and
  3. (iii)
    a statement that, to the best of the knowledge and belief of the person making the declaration, the ship concerned will not cease to be an Australian‑owned ship or a ship referred to in paragraph 14(b) or (c) or 15B(b) or (c) by reason only of the transfer.
(4)
Subsection (3) applies in relation to ships on demise charter to Australian‑based operators as if the statement required by subparagraph (3)(a)(ii) or (3)(b)(iii) were a statement that, to the best of the knowledge and belief of the person making the declaration, the ship concerned will not cease to be a ship on demise charter to an Australian‑based operator by reason only of the transfer.
(5)
Bills of sale lodged under this section shall be registered in the order of their lodgment.

37Transmission of ship etc. by operation of law

(1)
Where a ship or a share in a ship is transmitted to a person by any lawful means other than by a transfer under section 36, a declaration of transmission made by that person under subsection (2) together with such evidence of transmission as is prescribed shall be lodged by that person with the Registrar within 14 days of that transmission taking place or within such longer period as the Registrar, in special circumstances, allows.
(1A)
The Registrar shall, as soon as practicable after the lodgment by a person of a declaration of transmission of a ship or a share in a ship together with such other evidence of transmission as is prescribed, enter in the relevant register the name of that person as owner of the ship or share.

(2)
A declaration of transmission for the purposes of subsection (1) shall be made in accordance with the regulations and, where the person entitled under the transmission is not the Commonwealth or a State or Territory, shall include:
1. (a)
  in the case of the transmission of a ship, or a share in a ship, other than a small craft:
  1. (i)
    a statement specifying the nationality of the person entitled under the transmission or, where the person is a body corporate, the country in which it was incorporated; and
  2. (ii)
    a statement that, to the best of the knowledge and belief of the person making the declaration, the ship concerned will not cease to be an Australian‑owned ship by reason only of the transmission; or
2. (b)
  in the case of the transmission of a ship, or a share in a ship, being a small craft:
  1. (i)
    a statement specifying the nationality of the person entitled under the transmission or, where the person is a body corporate, the country in which it was incorporated;
  2. (ii)
    a statement specifying the normal place of residence of the person entitled under the transmission or, where the person is a body corporate, the principal place of business of the body corporate; and
  3. (iii)
    a statement that, to the best of the knowledge and belief of the person making the declaration, the ship concerned will not cease to be an Australian‑owned ship or a ship referred to in paragraph 14(b) or (c) by reason only of the transmission.
(3)
Subsection (2) applies in relation to ships on demise charter to Australian‑based operators as if the statement required by subparagraph (2)(a)(ii) or (2)(b)(iii) were a statement that, to the best of the knowledge and belief of the person making the declaration, the ship concerned will not cease to be a ship on demise charter to an Australian‑based operator by reason only of the transmission.

37ADelivery of registration certificate on transfer etc.

(1)
Where a ship or a share in a ship is transferred to a person by a bill of sale or transmitted to a person by other lawful means, the person who has possession or control of the ship’s registration certificate shall deliver the certificate to the person to whom the ship or share is transferred or transmitted:
1. (a)
  if the ship is at an Australian port at the time of the transfer or transmission—at the time of the transfer or transmission; or
2. (b)
  in any other case—as soon as practicable after the transfer or transmission.
(1A)
An offence based on subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(2)
Where a registration certificate is delivered to a person under subsection (1), the person shall immediately deliver the certificate to the Registrar.
(2A)
An offence based on subsection (2) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(3)
Where a registration certificate is delivered to the Registrar under subsection (2), the Registrar shall, if the documents and evidence required by subsection 36(2) or 37(1) have been lodged with the Registrar:
1. (a)
  endorse the registration certificate with the particulars of change of ownership of the ship or share; and
2. (b)
  cause the endorsed certificate to be returned to the registered agent of the ship or to such other person as the registered agent directs.

45Powers of disposal by owner

The owner of a ship or of a share in a ship has power, subject to this Act and to any rights and powers appearing in the relevant register to be vested in any other person, absolutely to dispose of the ship or share and to give effectual receipts in respect of the disposal.

46Trusts not recognized

Notice of a trust, express, implied or constructive, shall not be entered in the relevant register or be receivable by the Registrar.

47Equities not excluded

Subject to sections 45 and 46, beneficial interests may be enforced by or against the owner or mortgagee of a ship or of a share in a ship in respect of his or her interest in the ship or share in the same manner as in respect of any other personal property.

47ACaveat may be lodged forbidding registration of certain instruments

(1)
A person claiming an interest in a ship or in a share in a ship under any unregistered instrument, or by operation of law or otherwise, may lodge with the Registrar a caveat in accordance with the approved form forbidding the entry in the relevant register of any instrument relating to any dealing with that ship or share until after notice of the intended dealing is given to the caveator.
(1A)
Subsection (1) does not apply to an interest in a ship, or in a share in a ship, that is a PPSA security interest.
(2)
Every caveat shall state the name and address of the caveator and shall contain a sufficient description to identify the ship or the share in the ship in which the caveator claims an interest and the interest claimed by the caveator and shall be signed by the caveator or by his or her solicitor or agent.
(3)
A caveat shall not be entered in the relevant register by the Registrar unless there is specified in the caveat an address in Australia at which notices relating to the caveat or to proceedings in respect of the caveat may be served.
(4)
Where a person entitled to withdraw a caveat notifies the Registrar, by lodging a notice in the approved form, that the name of the caveator or the address for service of notices on the caveator has been changed from the name or address specified in the caveat, the Registrar shall record on the caveat and in the relevant register the name or address so notified and that name or address shall thereupon be the name of, or the address for service of notices on, the caveator.
(5)
Every notice relating to a caveat or to any proceeding in respect of a caveat shall be deemed to be duly served if served in accordance with a manner of service specified in the regulations:
1. (a)
  at:
  1. (i)
    the address stated in the caveat in pursuance of subsection (3); or
  2. (ii)
    if an address has been notified under subsection (4)—the address, or the last address, so notified; or
2. (b)
  if the caveat was signed by a solicitor or agent—at the office of that solicitor or at the address of that agent.
(6)
A caveat may be withdrawn:
1. (a)
  by the caveator or by the solicitor or agent of the caveator if the solicitor or agent is authorized so to withdraw it;
2. (b)
  where the caveator is dead—by the executor of the will, or the administrator of the estate, of the caveator;
3. (c)
  by a trustee or official receiver or other person in whom the interest claimed by the caveator is vested pursuant to the Bankruptcy Act 1966; or
4. (d)
  by any person in whom there is entrusted, by reason of the mental incapacity of the caveator, pursuant to an order of a court of a State or Territory or pursuant to a law of a State or Territory, the management and care of the interest claimed by the caveator.
(7)
Where there is lodged for entry in the relevant register an instrument relating to a dealing with a ship, or a share in a ship, in respect of which a caveat has been lodged and the Registrar is satisfied that, upon entry of that instrument in the relevant register there will vest in the caveator the interest claimed by the caveator in the caveat, the Registrar may, notwithstanding the caveat and the provisions of sections 47C and 47D, enter the dealing in the relevant register and may record on the caveat or in the relevant register that the caveat has lapsed.

47BNotice of caveat

(1)
Upon entry in the relevant register of a caveat, the Registrar shall notify particulars of the caveat:
1. (a)
  if the caveat relates to the ship—to the person or each person entered in the relevant register as an owner or part owner of the ship; and
2. (b)
  if the caveat relates to a share in the ship—to the person or each person entered in the relevant register as an owner or part owner of that share.
(2)
Any person notified, or required to be notified under subsection (1), of the entry in the relevant register of a caveat may, if he or she thinks fit, summon the caveator to attend before the Supreme Court of a State or Territory to show cause why the caveat should not be removed.
(3)
The Supreme Court of a State or a Territory, upon proof that the caveator has been summoned, may make such order, either ex parte or otherwise, as the Court thinks fit.

47CWhen caveat to lapse

A caveat entered in the relevant register in respect of a ship or a share in a ship shall, unless an order to the contrary is made by the Supreme Court of a State or a Territory and served on the Registrar, be deemed to have lapsed upon the expiration of 14 days after notice is given to the caveator that:
(a)
if the caveat relates to a ship—the person or each person entered in the relevant register as an owner or part‑owner of the ship or a person having a right to register a dealing with the ship; or
(b)
if the caveat relates to a share in the ship—the person or each person entered in the relevant register as an owner or part‑owner of the share or a person having a right to register a dealing with the share;
has applied for the registration of any dealing with the ship or share.

47DNo dealing to be registered while caveat in force

(1)
Subject to this section, so long as a caveat remains in force in respect of a ship or a share in a ship, the Registrar shall not, except with the consent in writing of a person entitled to withdraw the caveat, enter in the relevant register particulars of any dealing with that ship or share.
(2)
Subsection (1) shall not operate to prevent the entry in the relevant register of a dealing with a ship or a share in a ship which, when the caveat was lodged with the Registrar, had previously been lodged with the Registrar in a form satisfactory for entry in the relevant register.
(3)
A caveat does not prevent the Registrar from entering in the relevant register the transmission of a ship, or of a share in a ship, to a person if the person becomes entitled to the transmission by operation of law, except to the extent that the caveat specifies otherwise.

47ECompensation for lodging caveat without reasonable cause

A person who lodges a caveat with the Registrar without reasonable cause is liable to pay to a person who has sustained damage thereby such compensation as is just and the compensation is recoverable in an action in a court of competent jurisdiction by the person who has sustained damage from the person who lodged the caveat.

Part IVAdministration 48Registrar and Deputy Registrars of Ships

(1)
There shall be a Registrar of Ships, who shall, subject to the control of the Authority, be responsible for the maintenance of the Registers and have chief control of the Registration Office.
(2)
There shall be such number of Deputy Registrars of Ships as the Authority determines, who shall, subject to the control of the Registrar, have all the powers and functions of the Registrar under this Act, other than his or her power of delegation under section 53.

49Functions and powers of Registrar

(1)
In addition to the functions conferred by other provisions of this Act, the functions of the Registrar are to maintain the Registers and, for that purpose:
1. (a)
  to receive and record all information and documents required or permitted to be lodged with the Registrar under this Act;
2. (b)
  to grant, issue, vary or revoke such certificates and other documents as are required or permitted to be granted or issued under this Act; and
3. (c)
  to issue copies of, and extracts from, any such certificates and other documents and entries in the Registers.
(2)
The Registrar has power to do all things necessary or convenient to be done for or in connection with, or as incidental to, the performance of his or her functions including, but without limiting the generality of the foregoing, such powers for and in relation to requiring the furnishing of information and documents (including the delivery of certificates and other documents granted or issued under this Act) as are provided by the regulations.

50Appointment of Registrar and Deputy Registrars

The Registrar and Deputy Registrars shall:
(a)
be appointed by the Minister; and
(b)
be members of the staff of the Authority.

51Acting Registrar and Deputy Registrars

The Authority may appoint a person to act as Registrar, or as a Deputy Registrar:
(a)
during a vacancy in the office of Registrar or an office of Deputy Registrar, as the case may be, whether or not an appointment has previously been made to the office; or
(b)
during any period, or during all periods, when the Registrar or a Deputy Registrar, as the case may be, is absent from duty or from Australia or is, for any other reason, unable to perform the functions of his or her office.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

52Delegation by Minister

(1)
The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him or her, delegate to a member of the staff of the Authority or to a person appointed or engaged under the Public Service Act 1999 any of his or her powers under this Act, other than this power of delegation.

53Delegation by Registrar

(1)
The Registrar may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him or her, delegate to a member of the staff of the Authority or to a person appointed or engaged under the Public Service Act 1999 any of his or her powers under this Act, other than this power of delegation.

54Registration Office

(1)
For the purposes of this Act:
1. (a)
  there shall be an Australian Shipping Registration Office; and
2. (b)
  the Authority may, by notice published in the Gazette, establish branch offices of that Office.
(2)
The Registration Office, and the branch offices established under paragraph (1)(b), shall be at such respective places in Australia as are determined by the Authority by notice published in the Gazette.

55Seal of Registration Office and signature of Registrar

(1)
There shall be a seal of the Australian Shipping Registration Office, in a form determined by the Minister, which shall be under the control of the Registrar.
(2)
All courts, judges and persons acting judicially shall take judicial notice of the seal of the Registration Office affixed to a document and shall presume that it was duly affixed.
(3)
Where a signature on a document purports to be the signature of the Registrar or of a person empowered to sign the document by virtue of a delegation under section 53, it shall be presumed, until the contrary is proved, that the signature is that of a person who, at the relevant time, was holding, or performing the duties of, the office of Registrar or was so empowered to sign that document, as the case may be.

Part VThe Registers 56The Registers

(1)
There is to be a register, to be known as the Australian General Shipping Register.
(2)
There is to be a register, to be known as the Australian International Shipping Register.
(3)
The Registers are not legislative instruments.

57Inspection of the Registers

(1)
The Registers may be inspected at the Registration Office.
(2)
The Registrar may also, to the extent that the Registers have been maintained in electronic form, provide for them to be inspected electronically otherwise than at the Registration Office by using the internet or another communications network that is prescribed by the regulations.
(3)
A person may inspect the Registers at any reasonable time during the hours when the Registration Office is open for business on payment of the fixed fee (if any) for the inspection.
(4)
A person is entitled to be provided with a copy of, or an extract from, any entry in the Registers on payment of the fixed fee (if any) for the copy or extract.
(5)
If the Registrar has made provision for electronic inspection of the Registers otherwise than at the Registration Office, a person may electronically inspect the Registers and make a copy of any electronic entry in the Registers on payment of the fixed fee (if any) for the inspection and copy.

58Obsolete or incorrect entries in the Registers

(1)
Where:
1. (a)
  in relation to a particular ship that is registered in the General Register or International Register, no entry or amendment of an entry has been made in the relevant register for such period as is prescribed for the purposes of this section; and
2. (b)
  the Registrar has reason to suspect that:
  1. (i)
    any particulars entered in the relevant register in relation to the ship are incorrect;
  2. (ii)
    in relation to the ship, any notice, information or document in relation to which an entry in the relevant register is required by this Act to be made has not been lodged with the Registrar within the period referred to in paragraph (a); or
  3. (iii)
    the ship has been lost (whether actually or constructively), taken by an enemy, burnt or broken up;
the Registrar may, by notice in writing served on the registered agent or any owner of the ship, require him or her to furnish to the Registrar, within a specified period (not being less than 30 days) after the date of service of the notice, such information and documents relating to the ship as are specified in the notice.
(2)
Where:
1. (a)
  a person on whom a notice is served under subsection (1) fails to furnish to the Registrar, within the period specified in the notice, the information and documents specified in the notice; or
2. (b)
  the person on whom a notice is so served furnishes information or documents that the Registrar considers may justify the closure of the registration relating to the ship or the alteration of any entry made in the relevant register;
the Registrar shall inform the Authority of that failure or furnish that information or those documents, as the case requires, to the Authority.
(2A)
If the Authority is of the opinion that the failure of a person to comply with a notice served upon him or her under subsection (1) or any information or document furnished to him or her by the Registrar justifies the giving of directions under this subsection, the Authority may, by notice in writing, give the Registrar such directions as it thinks fit with respect to the closure of the registration relating to the ship or with respect to any entry or amendment of an entry to be made in the relevant register.
(3)
The Registrar shall comply with a direction given under subsection (2A) and, where the Authority directs the closure of the registration relating to a ship:
1. (a)
  if the Authority states in the direction that it is of the opinion that the ship has been lost (whether actually or constructively), taken by an enemy, burnt or broken up—the Registrar shall make an entry in the relevant register of that statement, and the registration of the ship shall thereupon be deemed to be closed; or
2. (b)
  in any other case—section 66 applies as if the ship had ceased to be entitled to be registered and the direction were a notice under subsection 66(1) stating that fact.

59Rectification of the Registers

(1)
If:
1. (a)
  an entry is omitted from the General Register or International Register;
2. (b)
  an entry is made in the General Register or International Register without sufficient cause;
3. (c)
  an entry wrongly exists in the General Register or International Register; or
4. (d)
  there is an error or defect in an entry in the General Register or International Register;
whether or not by reason of a decision of an officer (including a decision that the officer was empowered by this Act to make) a person aggrieved or the Registrar may apply to the Supreme Court of a State or Territory for rectification of that register, and the Court may make such order as it thinks fit directing the rectification of that register.
(2)
Without limiting the generality of paragraph (1)(a), the reference in that paragraph to an entry omitted from the General Register or International Register shall be read as including a reference to a matter that is required or permitted by this Act to be entered, or to remain, in that register, but is not entered in, or is removed from, that register.
(3)
A Court may, in proceedings under this section, decide any question that it is necessary or expedient to decide in connection with the rectification of the General Register or International Register.

(3)
In this section:
last day on which the notice was served means:
1. (a)
  where notice is to be served on only one person—the day on which notice is served on that person; or
2. (b)
  where notice is to be served on 2 or more persons:
  1. (i)
    if notice is served on those persons on the same day—that day; or
  2. (ii)
    if notice is served on those persons on different days—the later or latest of the days on which notice is so served;
mortgagee includes a mortgagee deemed to be registered by virtue of this Part.

94Registrar may defer registration etc.

(1)
Notwithstanding anything to the contrary contained in this Act, during the period of 14 days commencing on the commencing date, the Registrar may defer until the expiration of that period:
1. (a)
  the doing of any thing relating to documents lodged, or produced for lodgment;
2. (b)
  the making of any record or entry in the Register;
3. (c)
  the registration of any ship or of any matter; or
4. (d)
  the doing of any thing incidental to the registration of a ship or of any matter.
(2)
Documents produced for lodgment, or lodged, during the period referred to in subsection (1), in relation to which the Registrar has deferred the making of a record or entry in the Register, or the doing of any other thing, shall, after the expiration of that period, be dealt with in the order in which they were received by the Registrar.
(3)
Where, in relation to a ship, any document has been produced for lodgment, or lodged, during the period referred to in subsection (1), and the Registrar has deferred the making of a record or entry in the Register, or the doing of any other thing, relating to the document during that period, then, for the purpose of making a record or entry in the Register, or doing any other thing, relating to the document after the expiration of that period:
1. (a)
  in the case of a document produced for lodgment, if the Registrar considers that the document is in a form satisfactory for lodgment—the document shall be deemed to have been lodged on the date on which, and at the time when, it was so produced; and
2. (b)
  in the case of a document lodged—the record or entry made in the Register, or the thing done, relating to the document shall be deemed to have been made or done on the date on which, and at the time when, it was lodged.

95Regulations for transitional purposes

(1)
The regulations may make provision for and in relation to any matter arising from, consequential upon or otherwise connected with the operation of this Part.
(2)
The power to make regulations under subsection (1) extends to the making of regulations expressed to take effect on and from a date earlier than the date of the making of the regulations, not being a date earlier than the commencing date.

Endnotes

Endnote 1About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2Abbreviation key

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(s)	par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
Ch = Chapter(s)	pres = present
def = definition(s)	prev = previous
Dict = Dictionary	(prev…) = previously
disallowed = disallowed by Parliament	Pt = Part(s)
Div = Division(s)	r = regulation(s)/rule(s)
ed = editorial change	reloc = relocated
exp = expires/expired or ceases/ceased to have	renum = renumbered
effect	rep = repealed
F = Federal Register of Legislation	rs = repealed and substituted
gaz = gazette	s = section(s)/subsection(s)
LA = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given	SLI = Select Legislative Instrument
effect	SR = Statutory Rules
(md not incorp) = misdescribed amendment	Sub‑Ch = Sub‑Chapter(s)
cannot be given effect	SubPt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced

Endnote 3Legislation history

Act	Number and year	Assent	Commencement	Application, saving and transitional provisions
Shipping Registration Act 1981	8, 1981	25 Mar 1981	26 Jan 1982 (s 2 and gaz 1981, No G51, p 2)
Statute Law (Miscellaneous Provisions) Act (No. 1) 1983	39, 1983	20 June 1983	s 7(1) and Sch 1: 18 July 1983 (s 2(1))	s 7(1)
Shipping Registration Amendment Act 1984	16, 1984	26 Apr 1984	s 3–7 and 9–29: 1 Oct 1985 (s 2(2) and gaz 1985, No S394) s 8: 1 Oct 1986 (s 2(2) and gaz 1986, No S491)	s 9(2) and 28
as amended by
Statute Law (Miscellaneous Provisions) Act (No. 2) 1984	165, 1984	25 Oct 1984	s 6(1): 22 Nov 1984 (s 2(1)) Sch 1: 1 Oct 1985 (s 2(24))	s 6(1)
Public Service Reform Act 1984	63, 1984	25 June 1984	s 151(9) and Sch 4: 1 July 1984 (s 2(4) and gaz 1984, No S245)	s 151(9)
Statute Law (Miscellaneous Provisions) Act (No. 2) 1985	193, 1985	16 Dec 1985	s 16: 16 Dec 1985 (s 2(1)) Sch 1: 1 Oct 1985 (s 2(12)–(14))	s 16
Statute Law (Miscellaneous Provisions) Act (No. 1) 1986	76, 1986	24 June 1986	s 9 and Sch 1 (amdt to s 47B Shipping Registration Act 1981): 24 June 1986 (s 2(1)) Sch 1 (amdt to s 22B Shipping Registration Act 1981): 1 Oct 1986 (s 2(22)) Sch 1 (amdt to s 47A Shipping Registration Act 1981): 1 Oct 1985 (s 2(23))	s 9
Statute Law (Miscellaneous Provisions) Act 1987	141, 1987	18 Dec 1987	s 5(1) and Sch 1: 18 Dec 1987 (s 2(1))	s 5(1)
Admiralty Act 1988	34, 1988	22 May 1988	s 59: 1 Jan 1989 (s 2 and gaz 1988, No S359)	—
Transport Legislation Amendment Act 1988	57, 1988	15 June 1988	s 3(6): 15 June 1988 (s 2(1)) s 17 and 18: 1 July 1988 (s 2(3) and gaz 1988, No S193)	s 3(6)
ANL (Conversion into Public Company) Act 1988	127, 1988	14 Dec 1988	Sch: 1 July 1989 (s 2(3) and gaz 1989, No S210)	—
Australian Maritime Safety Authority Act 1990	78, 1990	22 Oct 1990	s 63(1), (2) and Sch: 1 Jan 1991 (s 2(2))	s 63(1) and (2)
Statute Law Revision Act 1996	43, 1996	25 Oct 1996	Sch 5 (items 138–140): 25 Oct 1996 (s 2(1))	—
Public Employment (Consequential and Transitional) Amendment Act 1999	146, 1999	11 Nov 1999	Sch 1 (items 815–817): 5 Dec 1999 (s 2(1), (2))	—
Transport and Regional Services Legislation Amendment (Application of Criminal Code) Act 2001	143, 2001	1 Oct 2001	2 Oct 2001	s. 4
Maritime Legislation Amendment Act 2006	24, 2006	6 Apr 2006	Schedule 4 (items 1–5, 7–9): 7 Apr 2006 Schedule 4 (item 6): 6 Oct 2006	—
Personal Property Securities (Consequential Amendments) Act 2009	131, 2009	14 Dec 2009	Schedule 3 (items 15–38): 30 Jan 2012 (see F2011L02397)	Sch. 3 (items 33–38)
Crimes Legislation Amendment (Serious and Organised Crime) Act (No. 2) 2010	4, 2010	19 Feb 2010	Schedule 11 (item 16): 20 Feb 2010	—
Statute Law Revision Act 2010	8, 2010	1 Mar 2010	Sch 5 (item 137(a)): 1 Mar 2010 (s 2(1) item 38)	—
Acts Interpretation Amendment Act 2011	46, 2011	27 June 2011	Sch 2 (items 1038–1043) and Sch 3 (items 10, 11): 27 Dec 2011 (s 2(1) items 7, 12)	Sch 3 (items 10, 11)
Shipping Registration Amendment (Australian International Shipping Register) Act 2012	54, 2012	21 June 2012	Sch 1–3: 1 July 2012 (s 2(1) item 2)	Sch 1 (items 97–104)
Navigation (Consequential Amendments) Act 2012	129, 2012	13 Sept 2012	Sch 2 (items 88–110): 1 July 2013 (s 2(1) item 2)	—
Federal Circuit Court of Australia (Consequential Amendments) Act 2013	13, 2013	14 Mar 2013	Sch 2 (item 2): 12 Apr 2013 (s 2(1) item 3)	—
Statute Law Revision Act (No. 2) 2015	145, 2015	12 Nov 2015	Sch 3 (item 35): 10 Dec 2015 (s 2(1) item 7)	—
Statute Law Revision Act (No. 1) 2016	4, 2016	11 Feb 2016	Sch 4 (items 1, 274, 275, 416–427): 10 Mar 2016 (s 2(1) item 6)	—
Statute Update Act 2016	61, 2016	23 Sept 2016	Sch 1 (items 452–473): 21 Oct 2016 (s 2(1) item 1)	—
Shipping Registration Amendment Act 2018	140, 2018	29 Nov 2018	1 Apr 2019 (s 2(1) item 1)	—
Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021	13, 2021	1 Mar 2021	Sch 2 (items 733, 734): 1 Sept 2021 (s 2(1) item 5)	—
Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024	38, 2024	31 May 2024	Sch 14 (item 21): 14 Oct 2024 (s 2(1) item 2)	—

Endnote 4Amendment history

Provision affected	How affected
Part I
s 3.............................................	am No 16, 1984; No 141, 1987; No 127, 1988; No 78, 1990; No 43, 1996; No 146, 1999; No 143, 2001; No 131, 2009; No 4, 2010; No 54, 2012; No 129, 2012; No 13, 2013; No 140, 2018; No 13, 2021
s. 3A..........................................	ad. No. 54, 2012
s 3B...........................................	ad No 140, 2018
s 5.............................................	rs No 145, 2015
s. 9............................................	am. No. 16, 1984; No. 54, 2012
s. 10...........................................	am. No. 16, 1984
s. 11...........................................	am. No. 43, 1996
s. 11A........................................	ad. No. 143, 2001
rs. No. 54, 2012
Part II
Division 1
Subdivision A
Subdivision A heading.................	ad. No. 54, 2012
s. 12...........................................	am. No. 141, 1987; No. 78, 1990; No. 143, 2001; No. 54, 2012; No 4, 2016
s. 13...........................................	am. No. 16, 1984; No. 129, 2012
Subdivision B
Subdivision B heading.................	ad. No. 54, 2012
s. 14...........................................	rs. No. 54, 2012
s. 15...........................................	rs. No. 54, 2012
Subdivision C
Subdivision C.............................	ad. No. 54, 2012
s. 15A........................................	ad. No. 54, 2012
s. 15B........................................	ad. No. 54, 2012
s. 15C........................................	ad. No. 54, 2012
s. 15D........................................	ad. No. 54, 2012
am. No. 129, 2012
Subdivision D
Subdivision D heading.................	ad. No. 54, 2012
s. 15E........................................	ad. No. 54, 2012
s. 15F.........................................	ad. No. 54, 2012
am. No. 129, 2012
s. 16...........................................	am. No. 54, 2012
s. 17...........................................	am. No. 54, 2012
s. 18...........................................	rep. No. 54, 2012
Division 2
s 19............................................	rs No 54, 2012
am No 140, 2018
s 20............................................	am No 143, 2001
s 21............................................	am No 16, 1984; No 43, 1996; No 140, 2018
s 22............................................	am No 43, 1996; No 140, 2018
s 22A.........................................	ad No 16, 1984
am No 43, 1996; No 140, 2018
s. 22B........................................	ad. No. 16, 1984
am. No. 76, 1986; No. 43, 1996; No. 54, 2012
s 23............................................	am No 78, 1990; No 140, 2018
s. 24...........................................	rep. No. 16, 1984
s 25............................................	am No 4, 2016
Division 3
s. 26...........................................	am. No. 16, 1984; No. 43, 1996; No. 143, 2001; No 4, 2016; No 61, 2016
s. 27...........................................	am. No. 43, 1996; No. 54, 2012
Division 4
s. 30...........................................	am. No. 143, 2001; No. 54, 2012; No 4, 2016
s 32............................................	rs No 143, 2001
am No 4, 2016
s 33............................................	rs No 143, 2001
am No 4, 2016
Division 5
Division 5..................................	ad. No. 54, 2012
Subdivision A
s. 33A........................................	ad. No. 54, 2012
am. No. 129, 2012
Subdivision B
s. 33B........................................	ad. No. 54, 2012
am. No. 129, 2012
Subdivision C
s. 33C........................................	ad. No. 54, 2012
Part III
Part III heading...........................	rs. No. 131, 2009
s. 35...........................................	rep. No. 16, 1984
s. 36...........................................	am. No. 16, 1984; No. 54, 2012
s. 37...........................................	am. No. 16, 1984; No. 54, 2012
s. 37A........................................	ad. No. 16, 1984
rs. No. 57, 1988
am. No. 143, 2001
ss. 38–40....................................	rep. No. 131, 2009
s. 41...........................................	am. No. 16, 1984; No. 193, 1985; No. 43, 1996
rep. No. 131, 2009
s. 42...........................................	am. No. 16, 1984
rep. No. 131, 2009
ss. 43, 44....................................	rs. No. 16, 1984
rep. No. 131, 2009
s. 44A........................................	ad. No. 24, 2006
rep. No. 131, 2009
s. 45...........................................	am. No. 54, 2012
s. 46...........................................	am. No. 54, 2012
s. 47...........................................	am. No. 43, 1996; No. 131, 2009
s 47A.........................................	ad No 16, 1984
am No 76, 1986; No 43, 1996; No 131, 2009; No 54, 2012; No 140, 2018
s. 47B........................................	ad. No. 16, 1984
am. No. 76, 1986; No. 43, 1996; No. 131, 2009; No. 54, 2012
s. 47C........................................	ad. No. 16, 1984
am. No. 193, 1985; No. 54, 2012
s. 47D........................................	ad. No. 16, 1984
am. No. 131, 2009; No. 54, 2012
s. 47E........................................	ad. No. 16, 1984
Part IV
s. 48...........................................	am. No. 63, 1984; No. 78, 1990; No. 43, 1996; No. 54, 2012
s. 49...........................................	am. No. 43, 1996; No. 54, 2012
s. 50...........................................	am. No. 78, 1990
s. 51...........................................	am. No. 78, 1990; No. 43, 1996; No. 46, 2011
ss. 52, 53....................................	am. No. 43, 1996; No. 146, 1999; No. 24, 2006
s. 54...........................................	am. No. 78, 1990
Part V
Part V heading............................	rs. No. 54, 2012
s. 56...........................................	am. No. 78, 1990
rs. No. 54, 2012
s. 57...........................................	rs. No. 24, 2006
am. No. 8, 2010; No. 54, 2012
s. 58...........................................	am. No. 16, 1984; No. 78, 1990; No. 43, 1996; No. 131, 2009; No. 54, 2012
s. 59...........................................	am. No. 131, 2009; No. 54, 2012
s. 59A........................................	ad. No. 131, 2009
s. 60...........................................	am. No. 54, 2012
s. 61...........................................	am. No. 143, 2001; No. 54, 2012
Part VA
Part VA......................................	ad. No. 54, 2012
Division 1
s. 61AA.....................................	ad. No. 54, 2012
s. 61AB......................................	ad. No. 54, 2012
Division 2
Subdivision A
s. 61AC......................................	ad. No. 54, 2012
Subdivision B
s. 61AD.....................................	ad. No. 54, 2012
am. No. 129, 2012
s. 61AE......................................	ad. No. 54, 2012
s. 61AF......................................	ad. No. 54, 2012
s. 61AG.....................................	ad. No. 54, 2012
am. No. 129, 2012
Subdivision C
s. 61AH.....................................	ad. No. 54, 2012
am. No. 129, 2012
s. 61AI.......................................	ad. No. 54, 2012
am. No. 129, 2012
Subdivision D
s. 61AJ.......................................	ad. No. 54, 2012
s. 61AK.....................................	ad. No. 54, 2012
Division 3
s. 61AL......................................	ad. No. 54, 2012
Division 4
s. 61AM.....................................	ad. No. 54, 2012
s. 61AN.....................................	ad. No. 54, 2012
am. No. 129, 2012
s. 61AO.....................................	ad. No. 54, 2012
am. No. 129, 2012
Division 5
Division 5..................................	ad. No. 129, 2012
s. 61AP......................................	ad. No. 129, 2012
Part VB
Part VB......................................	ad. No. 54, 2012
Division 1
Subdivision A
s. 61BA......................................	ad. No. 54, 2012
s. 61BB......................................	ad. No. 54, 2012
s. 61BC......................................	ad. No. 54, 2012
s. 61BD......................................	ad. No. 54, 2012
s. 61BE......................................	ad. No. 54, 2012
s. 61BF......................................	ad. No. 54, 2012
s. 61BG......................................	ad. No. 54, 2012
Subdivision B
s. 61BH......................................	ad. No. 54, 2012
s. 61BI.......................................	ad. No. 54, 2012
s. 61BJ.......................................	ad. No. 54, 2012
s. 61BK......................................	ad. No. 54, 2012
Subdivision C
s. 61BL......................................	ad. No. 54, 2012
s. 61BM.....................................	ad. No. 54, 2012
s. 61BN......................................	ad. No. 54, 2012
s. 61BO......................................	ad. No. 54, 2012
s. 61BP......................................	ad. No. 54, 2012
Division 2
Subdivision A
s. 61BQ......................................	ad. No. 54, 2012
s. 61BR......................................	ad. No. 54, 2012
s. 61BS......................................	ad. No. 54, 2012
s. 61BT......................................	ad. No. 54, 2012
s. 61BU......................................	ad. No. 54, 2012
s. 61BV......................................	ad. No. 54, 2012
Subdivision B
s. 61BW.....................................	ad. No. 54, 2012
s. 61BX......................................	ad. No. 54, 2012
Subdivision C
s. 61BY......................................	ad. No. 54, 2012
s. 61BZ......................................	ad. No. 54, 2012
s. 61BZA...................................	ad. No. 54, 2012
s. 61BZB....................................	ad. No. 54, 2012
s. 61BZC....................................	ad. No. 54, 2012
Division 3
s 61BZD....................................	ad No 54, 2012
am No 13, 2013; No 13, 2021
Part VI
s. 62...........................................	am. No. 141, 1987; No. 54, 2012
s. 64...........................................	am. No. 16, 1984 (as am. by No. 165, 1984); No. 143, 2001; No. 54, 2012
s 65............................................	am No 16, 1984; No 43, 1996; No 54, 2012; No 4, 2016; No 61, 2016; No 140, 2018
s. 66...........................................	am. No. 16, 1984; No. 43, 1996; No. 143, 2001; No. 24, 2006; No. 131, 2009; No. 54, 2012

s. 67...........................................	am. No. 78, 1990; No. 43, 1996
s 68............................................	am No 141, 1987; No 143, 2001; No 4, 2016; No 61, 2016
s 69............................................	am No 141, 1987; No 143, 2001; No 4, 2016; No 61, 2016
s. 70...........................................	am. No. 43, 1996
s. 71...........................................	am. No. 143, 2001; No 4, 2016
s. 72...........................................	am. No. 43, 1996; No 4, 2016
s. 73...........................................	am. No. 43, 1996; No. 143, 2001; No 4, 2016; No 61, 2016
s. 74...........................................	am. No. 16, 1984; No. 193, 1985; No. 141, 1987; No. 57, 1988; No. 143, 2001; No. 131, 2009; No 4, 2016; No 61, 2016
s. 75...........................................	am. No. 141, 1987; No 61, 2016
s. 77...........................................	am. No. 43, 1996; No. 54, 2012
s 78............................................	am No 39, 1983; No 16, 1984; No 78, 1990; No 54, 2012; No 38, 2024
s. 78A........................................	ad. No. 54, 2012
s. 79...........................................	am. No. 131, 2009
s 81............................................	am No 16, 1984; No 131, 2009
s 82............................................	am No 16, 1984; No 131, 2009
s 83............................................	am No 46, 2011; No 54, 2012; No 140, 2018
Part VII
s. 88...........................................	am. No. 43, 1996
s. 91...........................................	am. No. 43, 1996
s. 92...........................................	am. No. 16, 1984; No. 78, 1990; No. 43, 1996
s. 93...........................................	am. No. 43, 1996
s. 94A........................................	ad. No. 16, 1984
rep. No. 34, 1988