SHIPPING REGISTRATION ACT 1981
NOTICE OF INTENTION TO APPLY FOR REGISTRATION
Notice is hereby given of the intention of Neal John Baulch of 8 Corallita Ave Nhulunbuy N.T. 0880 to apply, after the expiration of the period of thirty days commencing on the date of publication of this notice, for the registration under the above named Act of the ship particulars of which are set out below.
Objections to the registration of the ship in the name of the abovementioned person, by persons claiming a legal proprietary right in respect of the ship, should, together with any relevant documents that will verify the claim be delivered to the Registrar of Ships at the Australian Shipping Registration Office, Level 3, 82 Northbourne Avenue, Braddon, ACT 2612 or to the Registrar of Ships at the Australian Maritime Safety Authority, GPO Box 2181, Canberra City ACT 2601, before the expiry of the period referred to above.
Particulars of Ship
Present name: Alcheringa
Former name: Ulamina
Present whereabouts: Gove Harbour
Length: 11.3m
Principal material of construction: Timber
Type of ship: Sloop (Yacht)
Overview
The Shipping Registration Act 1981 was enacted to provide a framework for the registration of ships and to establish a national register of Australian ships. The Act was introduced to address the need for a systematic and legal method of registering ships to ensure the identification and regulation of maritime vessels in Australia. This Act was enacted by the Australian Parliament with the primary policy objective of facilitating the registration of ships in Australia, thereby enhancing maritime safety, security, and the efficient management of shipping operations within the country's jurisdiction. The Act allows ship owners to register their vessels and provides a public record of ownership and other relevant details, ensuring transparency and accountability in the maritime sector.
Scope and Application
The Shipping Registration Act 1981 applies to individuals, such as Neal John Baulch, who intend to register a ship under Australian law. This Act governs the registration of ships, including the provision of detailed particulars about the ship such as its name, previous names, dimensions, construction materials, and type. The Act's application extends across Australia, with the registration process managed by the Registrar of Ships at designated locations, including the Australian Shipping Registration Office in Braddon, ACT, and the Australian Maritime Safety Authority in Canberra City, ACT. The Act facilitates the registration process but also provides a mechanism for objections from parties who may claim a legal proprietary right in the ship. There are no explicit exclusions, exemptions, or thresholds mentioned in this notice, though the Act itself might contain provisions regarding these aspects. Subordinate instruments may further define or refine the application of the Act, but this notice specifically pertains to the intention to register a particular ship.
Key Provisions
The Shipping Registration Act 1981 (the Act) governs the registration of ships within Australia, and section 20 specifically provides for the notice of intention to apply for registration. This section requires that any individual intending to register a ship under the Act must publish a notice of their intention in the Gazette (section 20(1)). The notice must include the applicant's name and address, the particulars of the ship, and a statement that objections can be made by interested parties within a specified period. In this instance, Neal John Baulch intends to apply for the registration of a ship named "Alcheringa," formerly known as "Ulamina," currently located in Gove Harbour, and constructed primarily of timber (section 20(1)(a)-(d)). The ship is classified as a sloop (yacht) measuring 11.3 meters in length. This notice ensures that any person with a legal proprietary interest in the ship has an opportunity to object to the registration before it is finalised.
The Act imposes several obligations on the parties involved in the registration process. Firstly, the applicant, in this case Neal John Baulch, must ensure that the notice of intention is published in the Gazette and provide all necessary particulars of the ship as required by section 20. Secondly, interested parties who believe they have a legal proprietary right in the ship must lodge their objections, along with relevant documents to support their claim, with the Registrar of Ships at either the Australian Shipping Registration Office or the Australian Maritime Safety Authority within the specified thirty-day period (section 20(2)). This process ensures that all claims are thoroughly examined before the registration is granted.
Should any party fail to comply with the requirements set out in the Act, there are potential civil and criminal consequences. For instance, submitting a false or misleading notice of intention to apply for registration could lead to prosecution under the False Statements Act 1985. Additionally, if objections are not properly substantiated, the objector may face penalties for vexatious litigation, as outlined in the relevant legislation governing civil proceedings. The maximum penalties for such offences can vary depending on the severity of the offence but may include fines and, in some cases, imprisonment. It is therefore crucial for all parties to adhere strictly to the provisions of the Act to avoid any legal repercussions.