Shipping Registration ACT 1981
Notice of Intention to apply for Registration
Notice is hereby given of the intention of The Riverside Coal Transport Co. Pty Ltd of 161 Breakfast Creek Road, Newstead, Qld 4006 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 abovenamed 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: BUGI
Former name: DAFFY
Present whereabouts: SYDNEY
Length: 8.4m
Principal material of construction: FIBREGLASS
Type of ship: WATER TAXI
Overview
The Shipping Registration Act 1981, enacted by the Australian Parliament, serves to provide a legal framework for the registration of ships in Australia. It aims to address the need for a systematic approach to the registration and documentation of ships to ensure that all vessels operating within Australian waters are properly identified and managed. This Act also facilitates the establishment of clear legal ownership and liability for ships, addressing gaps in maritime law that could otherwise lead to disputes and complications in the maritime industry. The policy objective of the Act is to enhance maritime safety, security, and efficiency by ensuring that ships are registered correctly and that the rights and responsibilities of ship owners and operators are clearly defined. The notice provided under this Act by The Riverside Coal Transport Co. Pty Ltd is a formal step in the registration process, allowing for objections to be raised if any party claims a legal proprietary right in the ship in question.
Scope and Application
The Shipping Registration Act 1981 applies to any person or entity intending to register a ship in Australia. The Act facilitates the registration of ships with the Australian Government and establishes a national ship register, which is accessible for public inspection. This legislation applies to all ships that are intended to be registered in Australia, regardless of their construction material or type, including the ship in question, the BUGI formerly known as DAFFY, which is to be registered by The Riverside Coal Transport Co. Pty Ltd. The Act's jurisdiction is national, covering all Australian states and territories, thereby ensuring uniformity in ship registration practices across the country. The Act provides for the submission of objections to ship registration by interested parties, including those claiming a legal proprietary right in respect of the ship, within the stipulated period. There are no stated exclusions or exemptions in the Act regarding ship registration, and the application process does not appear to be subject to any thresholds specified within the text. The Act’s application may be extended or restricted through subordinate instruments, which provide further detail and operational guidelines for the registration process.
Key Provisions
The Shipping Registration Act 1981 governs the process of registering ships in Australia. Section 12 of the Act mandates that any entity, such as The Riverside Coal Transport Co. Pty Ltd, intending to apply for the registration of a ship must first publish a notice of their intention (s. 12(1)). This notice must include the current name and previous name of the ship, its current location, dimensions, construction material, and type of ship (s. 12(2)). The Riverside Coal Transport Co. Pty Ltd has provided these details for the ship named BUGI, formerly known as DAFFY, which is currently located in Sydney.
Under the Act, the primary obligation imposed on The Riverside Coal Transport Co. Pty Ltd is to give public notice of their intention to apply for the registration of the ship, as per section 12. This is to allow any individuals or entities with a legal claim to the ship to object to the registration within a specified timeframe. The notice must be delivered to the Registrar of Ships at the Australian Shipping Registration Office or sent by properly prepaid post (s. 12(3)). The Act also requires that any objections must be accompanied by relevant documents that verify the claim to the ship (s. 12(4)).
In the event that The Riverside Coal Transport Co. Pty Ltd fails to comply with the notice requirements outlined in section 12, they could be subject to legal consequences. Although the Act does not explicitly state penalties for non-compliance with the notice requirements, failure to adhere to the statutory provisions could lead to the application for registration being rejected. Additionally, if any party submits a false statement or document in relation to their objection, they may be subject to civil or criminal penalties. Under section 200 of the Act, a person who knowingly makes a false statement or provides a false document can be fined up to 120 penalty units (currently AUD 13,320) or face imprisonment for up to two years, or both.