SHIPPING REGISTRATION ACT 1981
NOTICE OF INTENTION TO APPLY FOR REGISTRATION
Notice is hereby given of the intention of
Michael George Burbidge of
14 Koorong Av, Port Macquarie, NSW 2444 to apply, after the expiration 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 Register of Ships at the Australian Shipping Registration Office, Level 3, 82 Northbourne Avenue, Braddon, ACT 2612 or to the Register 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: Aquila
Former name: Ohmbray
Present whereabouts: Port Macquarie NSW 2444
Length: 10.36 meters
Principle material of construction: GRP
Type of Ship: Duncanson 34 Sailing Vessel
Overview
The Shipping Registration Act 1981 was enacted by the Parliament of Australia to establish a comprehensive system for the registration of ships, addressing the need for a centralised and standardised approach to maritime documentation. The Act was designed to provide a clear legal framework for the registration of ships, ensuring that ownership and control of vessels are properly documented and verified. This legislation aims to facilitate maritime commerce, enhance safety standards, and prevent fraudulent activities by ensuring that only legally entitled parties can register a ship. The policy objective of the Act is to maintain a national register that accurately reflects the current status of ship ownership and control, thereby supporting the efficient operation of Australia's maritime industry and international maritime relations. This notice of intention to apply for registration under the Act follows the legislative requirements for public notification and provides an opportunity for interested parties to object to the registration if they have a legitimate claim to the ship in question.
Scope and Application
The Shipping Registration Act 1981 applies to individuals and entities seeking to register ships in Australia, governing the registration of ships and establishing the legal framework for the ownership and operation of vessels. The Act applies to persons or entities intending to register a ship in Australia, ensuring that all vessels operating within Australian waters are properly documented and regulated. This legislation encompasses all types of ships, including commercial, recreational, and private vessels, regardless of their size or purpose. Geographically, the Act applies across Australia, including all Commonwealth, state, and territory waters. The Act's reach extends to any ship intended for use in Australian waters, ensuring that all vessels are registered according to Australian maritime laws. The Act does not explicitly state exclusions or exemptions, but subordinate instruments may further define specific categories of vessels or circumstances that may be exempt from certain provisions. This Act allows for the extension of its application through regulations and other legislative instruments, providing flexibility to adapt to changes in maritime practices and technologies.
Key Provisions
The main sections of the Shipping Registration Act 1981 that pertain to the registration of a ship are sections 3 and 4. Section 3 (3) requires any person intending to register a ship to give notice of their intention to apply for registration. This notice must include specific details about the ship such as its present name, former name, location, length, material of construction, and type (Section 3(4)). The notice must also specify the period within which objections to the registration can be made (Section 3(5)). Section 4 (1) mandates the registration of the ship if no objections are received within the specified period.
Under the Act, the person seeking registration, in this case Michael George Burbidge, must provide a detailed notice to the Register of Ships. This notice must be published and remain open for objections for a period of thirty days from the date of publication (Section 3(5)). Any party who believes they have a legal proprietary right to the ship must submit their objections, along with any relevant documentation, to the Australian Shipping Registration Office or the Australian Maritime Safety Authority within this thirty-day period (Section 3(6)). The details of the ship, including its name, former name, current location, length, material of construction, and type, must be clearly stated in the notice (Section 3(4)).
Failure to comply with the requirements of the Shipping Registration Act 1981 can result in civil and criminal consequences. If an objection to the registration is not properly submitted within the stipulated period, the applicant may proceed with the registration without hindrance. However, if objections are valid and substantiated, they could lead to the denial of the registration application. Additionally, any person who knowingly provides false information in their notice or during the registration process may face legal action under the relevant provisions of the Act, potentially leading to penalties or other legal consequences. While the Act does not specify exact penalties, they could include fines or imprisonment depending on the severity of the breach.