Saturday 4th July 2015.
Shipping Registration ACT 1981
Notice of Intention to apply for Registration
Notice is hereby given of the intention of Paul Leonard Capon of 3 Duvir Close, Brinsmead, Queensland 4870, 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
Present name: BICOQUE
Former name: BICOQUE
Present whereabouts: YORKEYS KNOB, CAIRNS, QUEENSLAND
Length: 13M
Principal material of construction: FIBREGLASS
Type of ship: SAILING CATAMARAN
Overview
The Shipping Registration Act 1981 was enacted by the Parliament of Australia to establish a comprehensive system for the registration of ships within Australian jurisdiction, thereby addressing the need for a formalised and regulated process for ship ownership and operation. This Act aims to ensure that all ships operating under the Australian flag are properly documented and subject to the regulatory oversight of the Australian Maritime Safety Authority (AMSA). The act provides a framework for registering ships, ensuring that ownership, nationality, and other pertinent details are clearly recorded and accessible. This serves to maintain maritime safety and security, protect the rights of stakeholders, and facilitate the enforcement of maritime laws and regulations. The notice of intention to apply for registration, as illustrated in the case of Paul Leonard Capon’s ship BICOQUE, is an integral part of this process, allowing for public scrutiny and the resolution of any claims or objections before final registration is granted.
Scope and Application
The Shipping Registration Act 1981 applies to individuals or entities intending to register a ship under Australian law. In this case, Paul Leonard Capon, residing in Queensland, has provided notice of his intention to apply for the registration of a specific ship, the BICOQUE, after a stipulated period of thirty days from the date of publication of the notice. The Act's jurisdiction is Commonwealth-wide, administered by the Australian Maritime Safety Authority. This legislation allows for the registration of ships, ensuring that ownership and other legal rights are recognised and documented. The notice specifies that objections to the registration must be lodged within the specified timeframe, providing an opportunity for interested parties to assert any legal claims they may have over the vessel. The notice also includes detailed particulars of the ship, such as its name, location, dimensions, and construction material, to facilitate the registration process and to ensure clarity regarding the vessel in question. The Act does not specify any exclusions or thresholds in this notice, but the broader legislative framework may include such provisions in other sections or through subordinate instruments.
Key Provisions
The notice published pursuant to section 15(1) of the Shipping Registration Act 1981 informs the public of Paul Leonard Capon's intention to apply for the registration of a ship named BICOQUE. According to this notice, the application will be made after a mandatory waiting period of thirty days from the publication date, which is intended to allow any interested parties to object to the registration if they believe they have a legal claim over the vessel. The notice specifies the ship's current name, former name, location, length, construction material, and type, providing a comprehensive description of the vessel in question.
Under the Act, the Registrar of Ships has a responsibility to ensure that the registration process adheres to the statutory requirements and that any objections are properly addressed. Section 15(2) mandates that any objections, substantiated by relevant documents, must be submitted to the Registrar either in person at the Australian Shipping Registration Office or by post to the Australian Maritime Safety Authority, both within the specified thirty-day period. This provision aims to streamline the process of verifying claims and ensuring the legitimacy of the registration.
Failure to comply with the provisions of the Act can result in significant consequences. Section 22(1) stipulates that any person who knowingly provides false information in an application for registration may be liable for penalties. The Act does not explicitly state the penalties for such offences, but it is reasonable to infer that the penalties could include fines or imprisonment, as is common in statutes regulating registration processes to maintain the integrity and accuracy of the ship registry. The severity of the penalties may depend on the extent of the falsification and the impact on maritime safety and regulatory compliance.