SHIPPING REGISTRATION ACT 1981 NOTICE OF INTENTION TO APPLY FOR REGISTRATION
Notice is hereby given of the intention of (full name) Dylan Lloyd Rowe & Lauren Cavill Rowe of (address) 12/41 Duke Street, Stuart Park, NT 0820 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: Blue Moon II
Former name: Three Dolphins
Present whereabouts: Darwin, NT
Length: 10.67
Principal material of construction: Fibreglass
Type of ship: Sailing Vessel
Overview
The Shipping Registration Act 1981 was enacted to provide a comprehensive framework for the registration of ships in Australia, ensuring that all vessels are appropriately documented and identifiable. This Act was introduced to address the need for a structured and systematic approach to the registration of ships, thereby facilitating maritime safety, regulatory compliance, and the enforcement of maritime laws. The enacting body responsible for this legislation is the Australian Parliament, with the policy objective being to ensure that all ships operating under Australian jurisdiction are registered in a manner that allows for effective monitoring and management by relevant authorities. The notice of intention to apply for registration as presented in this gazette is an integral part of this process, allowing interested parties to raise objections or claims regarding the registration of a ship. This mechanism is designed to uphold the integrity of the registration system by addressing potential conflicts or disputes over the ownership or legal status of a vessel before it is officially registered.
Scope and Application
The Shipping Registration Act 1981 governs the registration of ships in Australia, and it applies to both natural persons and legal entities intending to register a ship under Australian jurisdiction. In the present case, Dylan Lloyd Rowe and Lauren Cavill Rowe have published a notice of their intention to apply for the registration of a ship named Blue Moon II, previously known as Three Dolphins, which is currently located in Darwin, Northern Territory. The Act mandates that any objections to the registration must be lodged with the Registrar of Ships at the specified Australian Shipping Registration Office or the Australian Maritime Safety Authority within thirty days of the notice publication. The Act’s jurisdictional reach extends across the Commonwealth of Australia, and it applies to all ships intended for use in Australian waters or under the Australian flag, regardless of the ship's location at the time of registration application. There are no stated exclusions or exemptions in the notice provided, but the Act may include specific exclusions or thresholds in its broader provisions, which could be further detailed in subordinate instruments or regulations.
Key Provisions
The Shipping Registration Act 1981 includes provisions for the registration of ships in Australia, as evidenced in section (12) which mandates the publication of a notice of intention to apply for registration. For example, Dylan Lloyd Rowe and Lauren Cavill Rowe have published a notice (sections 12 and 13) indicating their intention to register the ship Blue Moon II, formerly known as Three Dolphins, which is currently located in Darwin, NT. The notice specifies the ship's dimensions and material composition and states that the application for registration will be made after a mandatory waiting period of thirty days from the date of publication. During this period, any party with a legal claim to the ship may object to the registration by submitting relevant documents to the Registrar of Ships.
Under the Act, the obligations imposed on the parties include the timely publication of a notice of intention to register (section 12), and the provision of detailed ship particulars (section 13). The notice must be published in the Commonwealth Gazette and include specific information such as the ship's current and former names, location, dimensions, and type of ship. Furthermore, the applicants must wait the prescribed thirty-day period before submitting their formal application for registration to the Registrar of Ships.
In terms of penalties and consequences, section (14) of the Act provides that failure to adhere to the notice requirements or providing incorrect information can result in legal consequences. The Act does not explicitly state penalties for such breaches, but it is understood that non-compliance could lead to the refusal of registration or other administrative actions. Additionally, if a valid objection is received from a party claiming a proprietary right in the ship, the Registrar may refuse to register the ship in the names of the applicants (section 15). This can result in significant delays and potential legal disputes, highlighting the importance of accurate and timely publication of the notice of intention.