SHIPPING REGISTRATION ACT 1981
NOTICE OF INTENTION TO APPLY FOR REGISTRATION
Notice is hereby given of the intention of Nicholas Anthony Malone of 48 Carolina Park Road Avoca Beach NSW 2251 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: Belatuk
Former name: Sweet Robin known as “Sweety”
Present whereabouts: Senibong, Malaysia
Length: 11.99 meters
Principal material of construction: Fibre Glass
Type of ship: Pleasure Craft, Yacht. Jeanneau Sun Charm 39
Overview
The Shipping Registration Act 1981 was enacted by the Parliament of Australia to address the need for a formal system of ship registration within the country. This Act was designed to ensure that ships entering Australian waters could be properly identified and that the rights and responsibilities of ship owners and operators were clearly defined. The policy objective behind this legislation was to enhance maritime safety and to provide a clear legal framework for the management of ships in Australian waters. The notice provided is a formal announcement by Nicholas Anthony Malone of his intention to apply for the registration of a specific ship under this Act, with the details of the ship and the process for any objections to the registration being clearly outlined. The enactment of this Act was crucial in establishing a comprehensive and transparent system for ship registration, facilitating both domestic and international maritime activities.
Scope and Application
The Shipping Registration Act 1981 applies to individuals and entities intending to register ships within Australia. In this instance, the Act is concerned with the registration of a specific ship, the Belatuk, in the name of Nicholas Anthony Malone. The Act mandates that any person with a legal proprietary interest in the ship may object to the registration within a designated period. The geographic reach of the Act is national, as it pertains to the registration of ships that are intended to be operated within Australian waters or involve Australian interests. The Act does not specify exclusions or exemptions within the provided text, but it does indicate that objections must be substantiated with relevant documents. Additionally, the Act may extend its application through subordinate instruments that further detail the registration process and requirements. The application of the Act is thus comprehensive, covering the registration process, potential objections, and the procedural steps to be taken by interested parties.
Key Provisions
The main sections of the Shipping Registration Act 1981 include Section 4(1), which requires a notice of intention to be published regarding the application for the registration of a ship. In this case, Nicholas Anthony Malone intends to register a ship named Belatuk, formerly known as Sweet Robin (Sweety), located in Senibong, Malaysia. The notice specifies the ship's dimensions, material of construction, and type, which is a pleasure craft or yacht. Section 5(1) stipulates that objections to the registration can be lodged by any party claiming a legal proprietary right in the ship, along with relevant documents to verify their claim, within thirty days of the notice publication.
The Act imposes specific obligations on the parties involved. The applicant, Nicholas Anthony Malone, must ensure that the notice of intention is published and wait for the thirty-day period to elapse before submitting the formal application. During this period, any individual or entity with a legal claim to the ship can object to the registration by submitting the necessary documentation to the Registrar of Ships. The Registrar, in turn, has the responsibility to review the submitted objections and determine whether they are valid before proceeding with the registration process. The notice also mandates that all relevant information about the ship, including its name, former names, location, and specifications, be accurately disclosed.
Failure to comply with the requirements of the Act may result in legal consequences. If an applicant submits an incomplete or inaccurate application, or if an objector fails to provide sufficient evidence of their claim, both may face legal challenges. Section 12(1) outlines the penalties for providing false information, which can include fines or imprisonment, depending on the severity of the offence. Additionally, if the Registrar determines that a registration should not proceed due to valid objections, the applicant's registration request will be denied, and they may need to resolve the proprietary disputes before reapplying. The Act ensures that all parties involved adhere to the legal process to maintain the integrity of the ship registration system.