Shipping Registration ACT 1981
Notice of Intention to apply for Registration
Notice is hereby given of the intention of Sebastian Jones of 9 Water View Bouvard, 6211, Western Australia 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: Charade
Former name: Charade
Present whereabouts: Fremantle, Western Australia
Length: 11.10 m
Principal material of construction: Fiberglass
Type of ship: Pleasure Craft and Sail Training Vessel
Overview
The Shipping Registration Act 1981 was enacted by the Commonwealth Parliament to regulate the registration of ships in Australia. The Act was introduced to address the need for a comprehensive system to record the ownership and particulars of ships, ensuring transparency and accountability in maritime activities. The policy objective of the Act is to provide a mechanism for the registration of ships, facilitating the enforcement of maritime laws and regulations, and providing a clear record of ship ownership and details. The notice given in this gazette is an example of the application process under the Act, where Sebastian Jones intends to apply for the registration of a ship named Charade. The Act provides for the public notification of such applications to allow interested parties to raise any objections based on legal proprietary rights before the registration is finalised. The notice outlines the ship's particulars and the process for lodging objections, which must be done within a specified period to the Registrar of Ships at the Australian Maritime Safety Authority.
Scope and Application
The Shipping Registration Act 1981 applies to individuals or entities intending to register a ship in Australia. In this case, Sebastian Jones intends to apply for the registration of a ship named Charade, a pleasure craft and sail training vessel currently located in Fremantle, Western Australia. The Act provides the legal framework for the registration of ships, and it covers the particulars of the ship, including its name, former name, location, length, material of construction, and type. The application for registration must be made after a thirty-day period from the publication of the notice, allowing interested parties to object if they claim a legal proprietary right in the ship. The objections, along with relevant documents, must be delivered to the Registrar of Ships at the Australian Shipping Registration Office or sent by prepaid post to the Australian Maritime Safety Authority in Canberra. This Act applies nationally, with the Registrar of Ships being the central authority for ship registration in Australia, and it extends its reach to all ships intended for registration within the country's jurisdiction. There are no stated exclusions, exemptions, or thresholds in the notice provided, although the Act may include such provisions in its main body or through subordinate instruments.
Key Provisions
The Shipping Registration Act 1981 outlines key procedures for the registration of ships under Australian law, and section 20(1) provides for the publication of a Notice of Intention to apply for registration. Sebastian Jones intends to apply for the registration of a ship, and this notice must be published, allowing a 30-day period for any objections to be lodged. The particulars of the ship in question are detailed in the notice, including its current name, previous name, location, length, construction material, and type.
Under this Act, the Registrar of Ships holds the authority to oversee the registration process and must be furnished with any objections from interested parties, as per section 20(2). Claimants with a legal proprietary right in respect of the ship must deliver their objections to the Registrar of Ships, either in person at the Australian Shipping Registration Office or by properly prepaid post to the Australian Maritime Safety Authority. The notice specifies the address for both options.
The Act imposes obligations on both the applicant and any potential objectors. The applicant must ensure that the notice is properly published and allow the requisite 30-day period for objections. Any person with a claim to the ship must provide substantiated objections to the Registrar within this timeframe. Failure to adhere to these requirements could result in the application proceeding without contest or in a decision that may not reflect all legal interests in the ship.
In terms of consequences for breach, the Act does not specify particular offences, penalties, or civil/criminal consequences for failing to comply with the notice provisions. However, the failure to object within the stipulated period may result in the registration proceeding without addressing the objector’s claim. This could potentially lead to legal disputes post-registration, as the objector might seek remedies through the courts for any proprietary rights that were not considered in the registration process.