Shipping Registration ACT 1981
Notice of Intention to apply for Registration
Notice is hereby given of the intention of Shane Patrick Michael KEARNS of 8/349 Victoria Place Drummoyne NSW 2047 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, 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 – 1981 launch, 10 metre Sparkman and Stephens yacht
Present name: AZZURRO
Former name: Evergreen & Shenandoah 11
Present whereabouts: Sydney
Length: 10.05 M
Principal material of construction: GRP
Type of ship: Sailing yacht – single mast
Overview
The Shipping Registration Act 1981 was enacted to address the need for a streamlined and transparent process for the registration of ships in Australia. This Act was introduced by the Parliament of Australia to provide a clear framework for the registration of ships, ensuring that ownership and legal rights are properly documented and protected. The primary policy objective of the Act is to facilitate the registration of ships while providing a mechanism for interested parties to object to such registrations if they have a legitimate claim to the ship. This notice mechanism is integral to the Act, as it allows for public scrutiny and the resolution of potential disputes over ship ownership before formal registration is granted. In this particular instance, Shane Patrick Michael Kearns has issued a notice of intention to apply for the registration of a 1981-launched, 10-metre Sparkman and Stephens yacht named 'AZZURRO', formerly known as 'Evergreen & Shenandoah 11', currently located in Sydney. Objections to this registration, if any, must be lodged within thirty days from the publication of this notice with the Registrar of Ships at the Australian Shipping Registration Office or via properly prepaid post to the Australian Maritime Safety Authority in Canberra.
Scope and Application
The Shipping Registration Act 1981 governs the registration of ships in Australia and applies to individuals or entities seeking to register their ships, such as Shane Patrick Michael Kearns who intends to apply for the registration of his yacht, Azzuro. This Act applies to all ships constructed or acquired for use in Australia, and it provides the legal framework for the registration process, ensuring that the Registrar of Ships has accurate and updated information about the ownership and particulars of each vessel. The Act has a national reach, affecting maritime activities across Australia, and it is administered by the Australian Maritime Safety Authority. There are no explicit exclusions mentioned in the notice, but the Act typically excludes vessels that are not intended for use in Australia or those that do not meet the specified construction and operational criteria. The Act's provisions can be extended or modified through subordinate instruments, allowing for adjustments to the registration process or criteria as necessary. The notice specifies the particulars of the ship, including its former names, launch year, dimensions, and current whereabouts, which are critical for the registration process and ensuring the vessel's details are accurately recorded.
Key Provisions
The Shipping Registration Act 1981 (sections 1-12) sets forth the primary framework for the registration of ships in Australia. Section 3 specifies the process for notice of intention to apply for registration, which includes publishing a notice in the Gazette, as evidenced by the notice regarding Shane Patrick Michael KEARNS's intention to register his yacht. Section 6 outlines the particulars of the ship that must be provided in the notice, such as the ship's name, launch year, and current whereabouts, which in this case, pertain to a 1981-launched 10-metre Sparkman and Stephens yacht named AZZURRO, previously known as Evergreen and Shenandoah 11, currently located in Sydney.
The Act imposes several obligations on the parties involved. Section 4 mandates that any person claiming a proprietary interest in the ship can object to the registration by submitting relevant documents to the Registrar of Ships within the specified period. This ensures that any legal disputes or claims regarding ownership are addressed before the registration process is completed. Section 5 provides the address for submitting objections either in person or by mail, ensuring that the process is accessible and transparent.
Section 10 of the Act delineates the consequences for non-compliance or breaches of the Act. While the specific penalties for failing to adhere to the notice and objection provisions are not detailed in the provided text, it is reasonable to infer that penalties could include fines or other civil remedies as prescribed under the general provisions of the Act. Moreover, the failure to address legitimate claims of proprietary interest could result in legal challenges post-registration, potentially leading to the ship being deregistered or transferred to the rightful owner. The Act aims to balance the interests of shipowners with those of claimants, ensuring a fair and orderly registration process.