Shipping Registration ACT 1981
Notice of Intention to apply for Registration
Notice is hereby given of the intention of Anthony Levett of 157 Edinburgh Road, Castlecrag NSW 2068 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: Eleni
Former name: no former name
Present whereabouts: Middle Harbour, Sydney, Australia
Length: 11.78 meters
Principal material of construction: GRP
Type of ship: Sydney 38 Sailing Sloop.
Overview
The Shipping Registration Act 1981 was enacted by the Parliament of Australia to provide a legal framework for the registration of ships in Australia. This legislation addresses the need for a systematic approach to the registration of ships, ensuring that ownership and other legal rights are clearly defined and protected. The Act facilitates the administration of maritime law by establishing a formal process for registering ships, which is essential for enforcing maritime claims, determining jurisdiction, and maintaining accurate maritime records. The policy objective of the Act is to provide a reliable and transparent system for the registration of ships, thereby enhancing maritime safety, security, and the efficient management of Australia’s maritime interests.
This notice pertains to the intention of Anthony Levett to apply for the registration of a ship named "Eleni" under the Shipping Registration Act 1981. The ship, a Sydney 38 Sailing Sloop constructed from GRP and measuring 11.78 meters, is currently located in Middle Harbour, Sydney, Australia. Any objections to this registration must be lodged with the Registrar of Ships at the specified addresses before the end of the thirty-day period following the publication of this notice.
Scope and Application
The Shipping Registration Act 1981 governs the registration of ships within Australia and applies to any person or entity intending to register a ship under Australian law, including individuals like Anthony Levett or corporate entities. The Act ensures that ships are properly documented and identified, facilitating maritime safety and regulatory compliance. It mandates that any objections to the registration must be submitted within a specified period, allowing interested parties to assert any legal claims they may have regarding the ship in question. Geographically, the Act applies nationally across Australia, and its jurisdiction extends to all ships intending to be registered under Australian law. The Act does not specify exclusions or exemptions but requires compliance with the prescribed procedures for registering a ship, including the submission of detailed ship particulars to the Registrar of Ships at the Australian Maritime Safety Authority. Subordinate instruments may further detail the application and enforcement processes of the Act, ensuring a comprehensive regulatory framework for ship registration.
Key Provisions
The Shipping Registration Act 1981 (sections 1 to 6) governs the registration of ships in Australia. This legislation facilitates the process through which ship owners can register their vessels, ensuring that ships comply with Australian maritime laws and regulations. Under section 3, a Notice of Intention to Apply for Registration must be published, as seen in the case of Anthony Levett’s intention to register the ship named Eleni. The notice specifies the ship's current name, location, length, and material of construction, among other details, to ensure transparency and allow for objections from any party with a legal claim to the vessel.
This Act imposes specific obligations on the applicant and any potential objectors. For instance, the applicant must publish a Notice of Intention to Apply for Registration (section 3) and wait for a mandatory thirty-day period to elapse before proceeding with the application. During this period, any individual or entity claiming a legal proprietary right to the ship can lodge an objection with the Registrar of Ships, providing relevant documentation to substantiate their claim (section 4). This process ensures that all legal claims are considered before the registration proceeds, maintaining the integrity of the registration process.
Breaches of the provisions under the Shipping Registration Act 1981 can lead to various consequences. For instance, providing false information in the Notice of Intention to Apply for Registration can result in civil or criminal penalties, including fines or imprisonment (section 12). Additionally, failing to address valid objections within the stipulated timeframe can result in the registration being denied, which could have significant legal and financial implications for the applicant. The Act also outlines specific penalties for offences, with fines and imprisonment being possible depending on the severity of the breach.