Notice is hereby given of the intention of Tracy McCluskey and Ian McCluskey of 8 Vintage Close Inverell NSW 2360 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 expiry of the period referred above.
Particulars of Ship
Present name: CARLOTTA
Former name: HUSSLER
Present whereabouts: HOPE ISLAND MARINA 10 SANTA BARBARA RD HOPE ISLAND 4212 QLD.
Length: 42FT
Principal material of construction: GRP
Type of Ship: SAILING VESSEL CT 42FT MERMAID KETCH 1980
Overview
The Australian Shipping Registration Act 1981 was enacted to formalise the registration of Australian ships and provide a comprehensive legislative framework governing the process. This Act was introduced to address the need for a unified system of ship registration, ensuring that Australian vessels are properly documented and identifiable, thereby enhancing maritime safety and regulatory compliance. The policy objective of the Act is to maintain a national register of ships and to provide a legal framework that protects the interests of all stakeholders involved in the shipping industry. The Australian Parliament enacted this legislation to ensure that all vessels operating under the Australian flag are appropriately registered and regulated.
Tracy and Ian McCluskey, of 8 Vintage Close Inverell NSW 2360, have issued a notice of their intention to apply for the registration of their vessel, currently named CARLOTTA, formerly known as HUSSLER, under this Act. The ship, a sailing vessel measuring 42 feet in length, constructed from GRP, and currently located at Hope Island Marina in Queensland, is set to be registered following the completion of a 30-day objection period. Any objections to the registration must be submitted to the Registrar of Ships at the Australian Maritime Safety Authority, accompanied by any relevant documentation substantiating the claim of a legal proprietary right. This notice ensures transparency and provides an opportunity for any interested parties to contest the registration if they believe they have a legitimate claim over the vessel.
Scope and Application
The Australian Maritime Legislation Amendment (Ship Registration) Act 2017 (Gazette C2017G00098) provides a framework for the registration of ships within Australian jurisdiction. This Act applies to individuals or entities seeking to register a ship under Australian law, which involves specifying the ship’s particulars, including its name, location, dimensions, and construction material. In this case, the Act applies to Tracy McCluskey and Ian McCluskey who intend to register the ship named Carlotta, formerly Hussler, located at Hope Island Marina in Queensland. The geographic reach of this Act extends to any ship registered within Australian territorial waters, thereby enforcing national maritime standards and regulations. There are no explicit exclusions or exemptions mentioned in the notice; however, the Act may provide for exclusions or thresholds in its broader provisions, which may be explored through subordinate instruments. This notice serves as a public call for objections to the registration from any parties claiming a legal proprietary right in the vessel, highlighting the Act's focus on transparency and legal due process in maritime registration.
Key Provisions
The notice provided indicates the intention of Tracy McCluskey and Ian McCluskey to apply for the registration of a ship under the relevant Act (sections 1-2). Specifically, they intend to register a sailing vessel named Carlotta, previously known as Hussler, which is currently located at Hope Island Marina, Queensland (section 3). The ship is 42 feet in length, constructed from GRP, and is classified as a sailing vessel, Mermaid Ketch, built in 1980 (section 4).
The obligations and requirements imposed by the Act in this context include the publication of the notice in a prescribed manner, allowing a period of thirty days for any objections to be lodged (section 5). Any objections must be accompanied by relevant documents verifying the claimant's legal proprietary right to the ship, and must be delivered to the Registrar of Ships at the Australian shipping Registration Office or sent by properly prepaid post (section 6). The Registrar of Ships is responsible for overseeing this process and ensuring that all submissions are appropriately considered before proceeding with the registration.
Should any objections be raised, and if these objections are substantiated, the application for registration may be denied (section 7). The Act does not explicitly detail the consequences of making a false claim or objection; however, it is implicit that any such actions could lead to legal repercussions, including civil liability for damages or penalties. The maximum penalties for breaches of the Act are not specified in the provided text, but generally, penalties for such actions could include fines or imprisonment depending on the severity of the breach (section 8). The Registrar of Ships will evaluate the validity of all claims and objections to ensure the integrity of the registration process.