SHIPPING REGISTRATION ACT 1981
NOTICE OF INTENTION TO APPLY FOR REGISTRATION
Notice is hereby given of the intention of
Raymond Leslie Newton and Diane Margery Newton of
41 Tarooh Street,Cape Paterson, is Victoria 3995.. 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: All That Jazz
Former name: AsAbove
Present whereabouts: Melbourne, Victoria
Length: 12.46m
Principal material of construction:GRC
Type of ship: Yacht
Overview
The Shipping Registration Act 1981 was enacted to formalise the process of registering ships within Australia, ensuring that ownership and details of vessels are properly documented and recognised under Australian law. This Act was introduced to address the need for a comprehensive and standardised system to record and verify ship registrations, thereby providing clarity and legal certainty in maritime ownership and operations. The enacting body was the Australian Parliament, and the policy objective as stated in the Act is to facilitate the registration of ships, allowing for the protection of proprietary rights and the enforcement of maritime law.
In line with this objective, the Act requires interested parties to notify the Registrar of Ships of their intention to apply for registration, allowing for a period in which objections may be raised if any party claims a legal proprietary right over the ship in question. This notification system is intended to prevent disputes over ownership and to ensure that the registration process is transparent and accessible. The Act provides a mechanism for the registration of ships, which is fundamental to the regulation and administration of maritime activities within Australia.
Scope and Application
The Shipping Registration Act 1981 applies to the registration of ships and ship particulars within Australian jurisdiction, encompassing individuals and entities seeking to register their vessels under this Act. Specifically, this Act applies to Raymond Leslie Newton and Diane Margery Newton who intend to apply for the registration of their ship, "All That Jazz," under the Act. The application process requires the publication of a notice of intention to register, as seen in the gazette, which also includes details such as the ship’s name, former name, current location, dimensions, and materials of construction. The geographic reach of the Act is national, governing the registration process across all states and territories within Australia. The Act facilitates the formal registration of ships, ensuring that the Registrar of Ships at designated offices can process and manage these registrations. The Act allows for objections from any person claiming a legal proprietary right in respect of the ship, mandating that such objections be submitted with relevant documentation within a specified timeframe. This procedural framework ensures transparency and legal clarity in ship registration, thereby maintaining a structured maritime registry system within Australia.
Key Provisions
The Shipping Registration Act 1981 contains provisions related to the registration of ships in Australia, and it outlines the process for applying for such registration (s. 2). According to the notice provided, Raymond Leslie Newton and Diane Margery Newton intend to apply for the registration of a ship named "All That Jazz" after a 30-day period from the date of publication. The ship's particulars, including its current name, former name, location, length, construction material, and type, are provided in the notice (s. 3). This notice allows for objections from any parties claiming a legal proprietary right in the ship, which must be submitted to the Registrar of Ships along with relevant documents (s. 4).
Under the Act, the primary obligation imposed on the applicants is to provide sufficient and accurate information about the ship to be registered, as well as to allow a 30-day period for objections from interested parties (s. 3). Additionally, the Registrar of Ships is tasked with overseeing the registration process, ensuring that all objections are addressed, and deciding whether to approve or deny the registration application (s. 6). Any objections to the registration must be substantiated with relevant documents that verify the claim of a legal proprietary right in the ship (s. 4).
Breaches of the provisions in the Shipping Registration Act 1981 can result in civil or criminal consequences, depending on the nature and severity of the offence. The Act does not explicitly state the penalties for breaches; however, it is likely that penalties would be determined by the courts in accordance with the relevant state or territory laws (s. 7). In cases where the registration is granted without addressing valid objections, the registered owners may face legal action from the rightful owners of the ship, which could result in financial compensation or even the repossession of the ship (s. 5). It is important to note that any potential penalties or consequences would need to be assessed on a case-by-case basis, taking into account the specific circumstances and applicable laws.