Shipping Registration Regulations (Amendment) (Cth)
I, THE
ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with
the advice of the Federal Executive Council and pursuant to section 4 of the
Dated 19 September 1985.
J. A. ROWLAND
Administrator
By His Excellency’s Command,
Peter Morris
Minister of State for Transport
(a) by omitting from sub-regulation (1) the definition of “name” and substituting the following definition:
“ ‘name’ means—
(a) in relation to a natural person—the full given names and surname of the person;
(b) in relation to a corporation—the full name of the corporation;
(c) in relation to a registered ship—the name by which the ship is for the time being registered; or
(d) in relation to an unregistered ship—the name (if any) by which the ship is for the time being known;”;
(b) by omitting “of Transport” from paragraph (c) of the definition of “prescribed office” in sub-regulation (1); and
(c) by omitting sub-regulation (3).
(S.R. 240/85) Cat. No. 10/6.9.1985
(a) by omitting from paragraph (3) (c) “regulation” and substituting “sub-regulation”;
(b) by omitting sub-regulation (4);
(c) by omitting from sub-regulation (5) “or (4)”; and
(d) by omitting from sub-regulation (6) “or (4)”.
“6a. (1) For the purposes of sub-section 10 (3) of the Act, the tonnage length of a ship is—
(a) a length equal to 96 per cent of the total length of the ship measured on a waterline that is at a distance, from the top of the keel, equal to 85 per cent of the least moulded depth of the ship; or
(b) if the length of the ship measured from the fore side of the stem to the axis of the rudder stock on that waterline is greater than the length ascertained in accordance with paragraph (a) that greater length.
“(2) In the case of a ship designed with a rake of keel, the waterline on which the total length of the ship is to be measured for the purposes of sub-regulation (1) shall be parallel to the designed waterline.
“(3) For the purposes of this regulation, ‘least moulded depth’, in relation to a ship, means the least moulded depth of the ship as ascertained in accordance with the Navigation (Load Lines) Regulations.”.
(a) by omitting sub-paragraph (1) (b) (v) and substituting the following sub-paragraphs:
“(v) a notice in writing specifying the name and address of the person who will be the registered agent of the ship upon its being registered and duly signed by the owner of the ship and, where the owner is not the person whose name and address are so specified, by that person;
(vi) evidence in accordance with regulation 20 that the ship has been marked in accordance with that regulation with marks directed by the Registrar under sub-section 26 (1) of the Act; and”;
(b) by omitting from sub-regulation (2) “, or such longer period as the Registrar, in pursuance of regulation 39, allows,”;
(c) by omitting from paragraph (3) (c) “length” and substituting “overall length”;
(d) by omitting from sub-paragraph (5) (a) (ii) “the builder of the ship is not known to the owner,” and substituting “the owner, after taking all reasonable action, is unable to obtain a builder’s certificate,”;
(e) by omitting paragraph (6) (a) and substituting the following paragraph:
“(a) where the ship has not previously been registered as mentioned in paragraphs (b) and (c), by—
(i) a builder’s certificate in accordance with regulation 8; and
(ii) the relevant documents relating to any changes in the ownership of the ship, whether occurring before or after the date of that certificate,
or, where the ship was built and acquired by the owner in a place outside Australia and that certificate or those documents are unavailable, by the document by which the owner of the ship acquired the ownership of the ship;”;
(f) by omitting paragraph (6) (c) and substituting the following paragraph:
“(c) where the ship has previously been registered under the provisions of the law of a foreign country relating to the registration of ships in that country, by any document that is, under that law, evidence of title to the ship.”; and
(g) by omitting sub-regulation (7) and substituting the following sub-regulation:
“(7) A reference in sub-regulation (6) to the relevant documents in relation to any changes in the ownership of a ship shall be read, in relation to each such change, as a reference to—
(a) a bill of sale or other document transferring ownership of the ship, being a bill of sale or document signed by each transferor and specifying the name of the ship, the nature and extent of the interest in the ship to which the bill of sale or document relates and the name and address of each transferor and transferee; and
(b) such of the documents evidencing change of ownership referred to in sub-regulation 24 (1) as would be applicable if, at the time of the change, the ship had been registered under the Act.”.
(a) by omitting from paragraph (1) (f) “and” (last occurring); and
(b) by inserting after paragraph (1) (f) the following paragraph:
“(fa) the date on which the ship was delivered or handed over to the person for whom the ship was built; and”.
(a) by omitting “(7)” and substituting “7”;
(b) by omitting from sub-paragraph (b) (ii) “and”; and
(c) by adding at the end of paragraph (b) the following word and subparagraph:
“and (iv) the date on which that interest was acquired;”.
“13. (1) A registered ship shall not—
(a) depart from an Australian port to a place outside Australia; or
(b) depart from a foreign port at which there is a proper officer to Australia or any other foreign port,
unless there is endorsed on the registration certificate in relation to each person who is, for the time being, authorized to be the master of the ship—
(c) the name and address of the person; and
(d) where, under the Navigation Act, the person is required to be the holder of a certificate of competency, the number of that certificate.
“(2) The master and owner of a ship that departs from a port in contravention of sub-regulation (1) are each guilty of an offence punishable, on conviction, by a fine not exceeding $500.
“(3) An endorsement for the purposes of sub-regulation (1) shall not be made or cancelled, as the case may be, unless
(a) there is lodged with the Registrar or, where the registered ship is at a foreign port at which there is a proper officer, with the proper officer—
(i) the registration certificate; and
(ii) a request in writing to that intent duly signed by the registered agent or master of the ship; and
(b) where the request is signed by the master of the ship, there is produced to the Registrar or the proper officer, for noting, documentary evidence of the appointment of the master.
“(4) The lodgment with the Registrar of documents referred to in sub-regulation (3) shall be effected
(a) in the manner specified in regulation 5; or
(b) by delivering the documents, addressed to the Registrar and accompanied by the relevant fee, to a prescribed office.
“(5) The lodgment with a proper officer of documents referred to in sub-regulation (3) shall be effected by delivering the documents, addressed to the proper officer and accompanied by the relevant fee, to the office of that officer.”.
(a) by omitting from sub-paragraph (1) (b) (iii) “and”;
(b) by adding at the end of sub-regulation (1) the following word and paragraph:
“; and (d) where the application is duly signed by the master of the ship—have affixed to it documentary evidence of the appointment of the master.”;
(c) by inserting in paragraph (3) (a) “the Registrar or” after “lodged with”;
(d) by inserting in paragraph (3) (d) “the Registrar or” after “produced to”; and
(e) by adding at the end the following sub-regulation:
“(7) A person who, without reasonable excuse, refuses or fails to comply with sub-regulation (4) or (5) is guilty of an offence punishable, on conviction, by a fine not exceeding $500.”.
“(4) Where a provisional registration certificate granted in respect of a ship ceases to have effect before the ship first arrives at, or returns to, an Australian port after the grant, the person who has possession of the certificate shall, within 30 days after the certificate so ceases to have effect, lodge the certificate with the Registrar.
“(5) A person who, without reasonable excuse, refuses or fails to comply with sub-regulation (4) is guilty of an offence punishable, on conviction, by a fine not exceeding $500.”.
“(iii) the name of the Australian port at which it is expected that the ship will next arrive and the date on or near which it is expected that the ship will arrive at that port; and”.
“(9) A person who, without reasonable excuse, refuses or fails to comply with sub-regulation (7) or (8) is guilty of an offence punishable, on conviction, by a fine not exceeding $500.”.
(a) by adding at the end of sub-regulation (1) “Penalty: $500.”; and
(b) by adding at the end of sub-regulation (2) “Penalty: $500.”.
(a) by omitting from sub-regulation (5) “(1) (b)” and substituting “(1) (a) or (b)”; and
(b) by adding at the end the following sub-regulation:
“(6) For the purposes of sub-section 26 (1) of the Act, a certificate in writing endorsed on or attached to a notice served on the owner, or one of the owners, of a ship under that sub-section, being a certificate that—
(a) states that the ship to which the notice relates has been marked in accordance with the requirements of this regulation with marks directed by the Registrar by the notice; and
(b) is duly signed by the owner, or one of the owners, of the ship,
is evidence that the ship has been marked in accordance with this regulation with marks directed by the Registrar under that subsection.”.
(a) by inserting in sub-regulation (1) “owner or” after “duly signed by the”;
(b) by omitting from paragraph (2) (e) “and”; and
(c) by adding at the end ofsub-regulation (2) the following paragraph:
“(g) names that include a prefix comprising any letter or letters capable of indicating a type of ship.”.
(a) by omitting from sub-regulation (2) “sub-sections 30 (2) and (3)” and substituting “sub-section 30 (2)”; and
(b) by omitting paragraphs (4) (d) and (c) and substituting the following paragraphs:
“(d) the name, address and nationality of each person to whom the ship belongs;
(e) if the application relates to a ship of the kind referred to in sub-paragraph 29 (1) (b) (iii) of the Act—the name, address and nationality of each operator of the ship; and”.
(a) by omitting from sub-paragraph (1) (a) (iii) “and” (last occurring);
(b) by adding at the end of paragraph (1) (a) the following subparagraph:
“(v) particulars of any mortgage registered in relation to the ship; and”; and
(c) by adding at the end the following sub-regulation:
“(3) Where, by reason of the transfer of a ship or a share of a ship, there is a change in the person who is the registered agent of that ship, the bill of sale in relation to the transfer shall, when lodged with the Registrar in accordance with sub-section 36 (2) of the Act, be accompanied by a notice of change of the registered agent in accordance with sub-section 64 (2) of the Act.”.
(a) by omitting sub-paragraph (1) (a) (i) and substituting the following sub-paragraph:
“(i) a certificate of death or of burial of the deceased person, or probate or letters of administration of the estate of that person, or an office copy of any such document; and”;
(b) by omitting paragraph (1) (b) and substituting the following paragraph:
“(b) in the case of transmission upon the death of a sole owner or an owner in common—
(i) an instrument constituting a person the legal personal representative, or constituting persons the legal personal representatives, of the deceased person or an office copy of such an instrument; and
(ii) an instrument identifying the person who is to become, by reason of the transmission, the owner, or one of the owners, of the ship or share; and”; and
(c) by omitting paragraph (2) (c) and substituting the following paragraph:
“(c) be duly signed by the person to whom the ship or share is transmitted.”.
“25a. A notice of intention to dispose of a ship or of a share in a ship under sub-section 41 (2) of the Act shall specify
(a) the name and official number of the ship; and
(b) the place, date and manner of the intended disposal.”.
(a) by omitting from sub-paragraph (a) (ii) “and” (last occurring);
(b) by adding at the end of paragraph (a) the following sub-paragraph:
“(iv) the amount of the consideration and any conditions of the transfer;”; and
(c) by adding at the end the following word and paragraph:
“; and (c) be affixed to the instrument of mortgage to which it relates.”.
“28. (1) The prescribed evidence, for the purposes of sub-section 44 (1) of the Act, of the discharge of a mortgage is a memorandum to that effect endorsed on, or firmly affixed to, the instrument of mortgage and duly signed by each mortgagee under the mortgage.
“(2) For the purposes of sub-section 44 (3) of the Act, the prescribed particulars relating to the ship in respect of which a mortgage was given, the mortgage and its discharge are the following particulars:
(a) the name and official number of the ship;
(b) the name and address of each mortgagor;
(c) the name and address of each mortgagee;
(d) the date of the mortgage;
(e) the date and time of entry of particulars of the mortgage in the Register;
(f) the date of discharge of the mortgage;
(g) the reason why the instrument of mortgage cannot be lodged with the Registrar.
“28a. (1) A caveat under section 47a of the Act shall be in accordance with Form 5.
“(2) A notice under sub-section 47a (4) of the Act shall be in accordance with Form 6.”.
“30. For the purposes of sub-section 64 (2) of the Act, the following information is prescribed:
(a) the name and official number of the ship;
(b) the name and address of the registered agent as appearing in the Register;
(c) the name and address of the registered agent as changed;
(d) the date on which the change occurred.”.
(a) by inserting in sub-regulation (2) “, or, where the alteration relates only to the engines of the ship, by the installer” after “duly signed by the builder”;
(b) by inserting in paragraph (2) (d) “or installer” after “builder”;
(c) by inserting in paragraph (2) (g) “or installer” after “builder”;
(d) by inserting in sub-regulation (3) “or, where the alteration relates only to the engines of the ship, by more than one installer” after “more than one builder”; and
(e) by omitting from paragraph (3) (b) “responsible for the building” and substituting “or installers, as the case may be, responsible for the”.
“(1) For the purposes of sub-section 68 (4) of the Act, the following classes of ships are prescribed:
(a) small craft operated by traditional inhabitants;
(b) ships propelled only by means of oars.”.
(a) by inserting after sub-regulation (4) the following sub-regulations:
“(4a) Where the Registrar gives a notice to the registered agent of a ship under sub-regulation (4), the registered agent shall, within 30 days after the date of the notice, lodge with the Registrar a certificate in writing endorsed on that notice and duly signed by the registered agent staling that that part of the marking on the ship relating to the name of its home port has been altered in a manner that complies with regulation 20.
“(4b) The registered agent of a ship who, without reasonable excuse, refuses or fails to comply with sub-regulation (4a) is guilty of an offence punishable, upon conviction, by a fine not exceeding $500.”; and
(b) by omitting paragraph (5) (a) and substituting the following paragraph:
“(a) the certificate referred to in sub-regulation (4a); and”.
“36a. The prescribed period for the purposes of sub-section 92 (3) of the Act is 25 years.”.
FORM 5 Sub-regulation 28a (1)
COMMONWEALTH OF AUSTRALIA
To the Registrar of Ships. Australian Shipping Registration Office.
TAKE NOTICE THAT........................................................................................................................
(
full name of caveator in block letters )
of............................................................................................................................................................
(
Address of caveator in block letters )
claiming the interest described below in................................................................................................ ................................................................................................................................................................
(
forbids the entry in the Register of any instrument relating to any dealing with the said ship or share.
The interest claimed in the said ship or share is......................................................................................
.................................................................................................................................................................
(
The address at which notices relating to this caveat or to proceedings in respect of this caveat may be served is...................................................................................................................................................
.................................................................................................................................................................
(
Dated...........................................19...........................................
Signed by.......................................................... ( | |
| |
in the presence of:
( | |
......................................................................... ......................................................................... | ......................................................................... ......................................................................... |
( |
FORM 6 Sub-regulation 28a (2)
COMMONWEALTH OF AUSTRALIA
NOTICE OF CHANGE OF NAME OF CAVEATOR OR OF ADDRESS FOR
SERVICE
To the Registrar of Ships
I…………………………………………...........................of…………………………....................
(
Full name of person giving notice )
…………………………………………………………………………………………........ being a
(
person entitled pursuant to sub-section 47a (6) of the
................................................................................................................................................................
(
give notice as follows:
PARTICULARS OF CHANGE
Name of caveator as specified in caveat: | As changed: |
Address for service of notices as specified in caveat: | As changed: |
Date of change:
Dated…………………………......19......................................
Signed by...................................................................
(
Name of person giving notice )
|
|
NOTE: Under sub-section 47a (6) of the Shipping Registration Act, a caveat may be withdrawn
(a) by the caveator or by the solicitor or agent of the caveator if the solicitor or agent is authorized so to withdraw it;
(b) where the caveator is dead by the executor of the will, or the administrator of the estate, of the caveator;
(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(d) by any person in whom there is entrusted by reason of the mental incapacity of the caveator. pursuant to anorder 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.
SCHEDULE 3 Regulation 38
FEES
Column 1 Item No. | Column 2 Matter | Column 3 Fee |
$ | ||
1 |
| |
| 317.00 | |
| 225.00 | |
| 660.00 | |
2 |
| 16.00 |
3 |
| 46.00 |
4 |
| 77.00 |
5 |
| 36.00 |
6 |
| 77.00 |
7 |
| 36.00 |
8 |
| 22.00 |
9 |
| |
| 125.00 | |
| 75.00 | |
| 249.00 | |
10 | Lodging caveat………………………………………………………………… | 75.00 |
11 |
| 8.00 |
12 |
| 9.50 |
13 |
| 36.00 |
14 |
| 22.00 |
15 |
| 25.00 |
16 |
| 9.00 |
17 |
| 146.00 |
1.
Notified in the
2. Statutory Rules 1981 No. 363as amended by 1982 No. 181; 1983 No. 211; 1984 No. 273
Printed by Authorised by the Commonwealth Governor Printer
0
0
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