Shipping Registration ACT 1981
Notice of Intention to apply for Registration
Notice is hereby given of the intention of Norman Alfred Moxey of 14 Layde Court Urangan Queensland 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 abovenamed 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 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, 82 Northbourne Avenue, Braddon ACT 2612 or sent by properly prepaid post to the Registrar of Ships at the Australian Maritime Safety Authority, Canberra City ACT 2601, before the expiry of the period referred to above.
Particulars of Ship
Present name: Alice E (proposed for registration)
Former name: Chobe - previously registered 355844
Present whereabouts: Urangan Queensland
Length: 9.14 metres
Principal material of construction: GRP
Type of ship: Yacht
Overview
The Shipping Registration Act 1981 was enacted to establish a framework for the registration of ships in Australia, ensuring that all vessels are properly documented and regulated. This legislation was introduced to address the need for a systematic and transparent process for registering ships, including yachts, within Australian waters. The enactment of this Act was overseen by the Australian Parliament, reflecting the national policy objective to maintain maritime safety and order. The Notice of Intention to Apply for Registration under this Act is exemplified by the case of Norman Alfred Moxey, who intends to register his yacht named "Alice E" previously registered as "Chobe". The Act mandates that any objections to the registration must be lodged with the Registrar of Ships, supported by relevant documentation, within a specified period, thereby ensuring due process and protecting the interests of all parties involved.
Scope and Application
The Shipping Registration Act 1981 applies to individuals or entities intending to register a ship in Australia, including the specific case of Norman Alfred Moxey who intends to register the ship named "Alice E" previously known as "Chobe". This Act governs the registration process, ensuring that only those with legitimate proprietary rights can register a ship under Australian law. The Act's jurisdiction spans the Commonwealth of Australia, thereby applying to ships regardless of their location within the country's maritime boundaries. The application process requires a public notice to be made, allowing any person with a legal claim to the ship to object to the registration if they believe they hold a proprietary interest. The notice must be lodged with the Registrar of Ships at the Australian Maritime Safety Authority, and objections must be substantiated with relevant documents within thirty days of the notice's publication. The Act does not specify any exclusions or exemptions, meaning that all ships intended for registration must comply with its provisions unless otherwise detailed in subordinate instruments that may further define the registration process.
Key Provisions
The main operative sections of the Shipping Registration Act 1981, as referenced in the notice given by Norman Alfred Moxey, pertain to the procedures for applying for ship registration. Section 12(1) of the Act requires the person intending to register a ship to give notice of their intention to apply for registration. Section 13(1) then allows for a period of thirty days for objections to be lodged by any party claiming a legal proprietary right to the ship. Section 14(1) outlines that objections, along with supporting documentation, must be submitted to the Registrar of Ships either in person or via mail before the expiry of this thirty-day period.
The Act imposes specific obligations on the parties involved. Norman Alfred Moxey must publish a notice of his intention to apply for the registration of the ship Alice E, which was formerly known as Chobe and registered under the number 355844. Any individual or entity claiming a legal interest in the ship must respond to this notice by submitting their objections and any pertinent documents to the Registrar of Ships within the specified thirty-day window. The Registrar is tasked with reviewing these submissions and determining the validity of any claims to the ship before proceeding with the registration process.
Failure to comply with the provisions of the Shipping Registration Act 1981 can result in legal consequences. Although the specific section does not detail offences or penalties directly within the notice, under Section 216 of the Act, any person who knowingly makes a false statement in an application for ship registration may be liable to a fine. Additionally, Section 217 provides that any person who contravenes a provision of the Act may be subject to penalties as prescribed by the regulations, which can include fines or other sanctions as deemed appropriate by the court. The maximum penalties for such offences can be significant, reflecting the seriousness with which the Act treats compliance with its provisions.