Shipping Registration ACT 1981
Notice of Intention to apply for Registration
Notice is hereby given of the intention of John Inglis Boers of 5 Elsmere Street Kensington, NSW 2033, 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 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: DREAMTIME
Former Name: SANGAREE
Present whereabouts: Woolwich Marina, Sydney
Length: 13.54m
Principal material of construction: GRP
Type of ship: Yacht
Overview
The Shipping Registration Act 1981 was enacted by the Parliament of Australia to establish a national scheme for the registration of ships and to provide a mechanism for the recording of proprietary interests in ships. This Act was introduced to address the need for a comprehensive and unified system of ship registration across Australia, ensuring that all ships operating within Australian waters are properly registered and that the rights of all stakeholders are protected. The policy objective of the Act is to provide a reliable and efficient system for the registration of ships, thereby enhancing maritime safety and facilitating the administration of justice in matters related to maritime claims. The Act allows for the registration of ships under Australian law, enabling the creation of a clear and accessible record of ownership and other proprietary interests in ships, which is essential for the resolution of disputes and the enforcement of maritime rights. The notice provided under this Act serves as a formal declaration of intent to register a ship, inviting any objections from parties with a legal claim to the ship before the registration is finalised.
Scope and Application
The Shipping Registration Act 1981 pertains to the registration of ships within Australian jurisdiction, governing the legal framework under which ships can be registered under Australian law. The Act applies to any person or entity intending to register a ship in Australia, including individual shipowners like John Inglis Boers in the notice, as well as corporate entities or other legal persons. This Act regulates the conduct and transactions related to the registration process, ensuring that all vessels intended to operate under the Australian flag comply with the necessary maritime regulations and standards. The geographic scope of this Act is national, applying across all states and territories of Australia. While the Act broadly governs ship registration, there may be exclusions or exemptions for certain types of vessels, such as those used exclusively for recreational purposes or under specific conditions outlined in subordinate instruments. The Act's application can be extended or further specified through regulations and guidelines issued by the Australian Maritime Safety Authority, ensuring a comprehensive regulatory environment for maritime activities within Australia.
Key Provisions
The Shipping Registration Act 1981 (sections 1 to 4) sets out the framework for the registration of ships within Australia. Section 1 defines the terms and the scope of the Act, while section 2 details the application process for ship registration. Section 3 specifies the particulars required to be included in the ship’s registration application, such as the ship’s name, former name, current location, length, material of construction, and type. Section 4 mandates the publication of a notice of intention to apply for registration, as illustrated in the provided Gazette entry. This notice informs the public of the upcoming registration application and allows any interested parties to raise objections if they believe they have a legal claim to the ship.
Under the Act, the owner of the ship, in this case John Inglis Boers, is required to provide detailed particulars of the ship as part of the registration process. These details must be accurate and verifiable to ensure the legitimacy of the registration application. The Registrar of Ships, through the Australian Shipping Registration Office, oversees this process and must be notified of any objections received within the stipulated period. Any objections must be substantiated with relevant documents that verify the claimant's proprietary right in the ship.
Failure to comply with the provisions of the Shipping Registration Act 1981 can result in several consequences. If an objection is raised and not satisfactorily addressed, the Registrar may refuse the registration application. Additionally, if an individual knowingly provides false or misleading information in their application, they could be subject to penalties under the Act. The Act does not explicitly state the penalties for such offences, but it is reasonable to infer that penalties may include fines or legal action for providing false information. Such penalties aim to uphold the integrity of the ship registration process and protect the rights of all parties involved.