SHIPPING REGISTRATION ACT 1981
NOTICE OF INTENTION TO APPLY FOR REGISTRATION
Notice is hereby given of the intention of
TRIQUETRA PTY LTD of
585 MERSEY ROAD, OSBORNE SA 5017 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 company, 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, Allan Woods Building Level 1, 25
Constitution Avenue, Canberra City ACT 2601 or to the Registrar of Ships at the
Australian Maritime Safety Authority, GPO Box 2181, Canberra City ACT 2601,
before the expiry of the period referred to above.
Particulars of Ship
Present name: “ELWOOD”
Former name: “ELWOOD”
Present Whereabouts: PORT ADELAIDE, SOUTH AUSTRALIA
Length: 27.0m
Principle material of construction: STEEL
Type of Ship: BARGE
Overview
The Shipping Registration Act 1981 was enacted by the Parliament of Australia to establish a national system for the registration of ships and to provide for related matters. This legislation addresses the problem of ensuring that ships operating within Australian waters are appropriately registered and regulated, thus facilitating maritime safety and security. By establishing a central register and governing the process for ship registration, the Act aims to ensure that ships are properly identified and that their ownership and operation are transparent. The policy objective of the Act is to maintain a comprehensive and accurate national register of ships, which serves to protect maritime interests and uphold the standards required for safe and efficient shipping operations. The notice of intention to apply for registration, as exemplified in the case of Triquetra Pty Ltd for the ship "ELWOOD," is a procedural step that allows for public scrutiny and potential objections to the registration, ensuring that all legal proprietary rights are considered before a ship is registered in the name of a new owner.
Scope and Application
The Shipping Registration Act 1981 applies to the registration of ships in Australia, covering both the ownership and the particulars of each vessel. This Act is relevant to entities such as TRIQUETRA PTY LTD, which intends to apply for the registration of a ship named "ELWOOD" under its purview. The Act mandates that any objections to the registration must be lodged with the Registrar of Ships at the Australian Shipping Registration Office or the Australian Maritime Safety Authority within a specified period. The geographic reach of this Act is national, as it applies across all states and territories in Australia. There are no stated exclusions, exemptions, or thresholds specified in the notice; however, the Act itself may contain provisions that could affect the registration process. The application of the Act can be extended or restricted through subordinate instruments, such as regulations, which provide further details on the registration requirements and procedures.
Key Provisions
The Shipping Registration Act 1981 includes several key sections relevant to the registration of ships. Section 9 outlines the procedure for giving notice of intention to apply for registration, as seen in the provided notice from Triquetra Pty Ltd. This section requires a formal notice to be published in the Gazette, detailing the intention to apply for the registration of a ship under the Act (s 9(1)). The notice must include specific information about the ship, such as its current and former names, its present whereabouts, length, principal material of construction, and type of ship (s 9(2)). This formal notification allows interested parties to object to the registration if they believe they have a legal proprietary right to the ship (s 9(3)).
Entities such as Triquetra Pty Ltd are obligated to provide complete and accurate ship particulars in their notice of intention to apply for registration. These obligations include specifying the ship's current and former names, its location, length, material of construction, and type (s 9(2)). Additionally, the notice must be published in the Gazette to ensure transparency and allow for objections from any party that claims a legal interest in the ship. If objections are received, the Registrar of Ships must consider them and may require further documentation to substantiate any claims (s 9(4)). Failure to provide accurate information or to respond adequately to objections could result in the refusal of the registration application.
Failure to comply with the requirements of the Shipping Registration Act 1981 can lead to various consequences. Under Section 18, any person who provides false or misleading information in a notice of intention to apply for registration can be liable for penalties. The maximum penalty for such an offence is $10,000 for an individual and $50,000 for a corporation (s 18(1)). Furthermore, if the Registrar of Ships finds that a registration has been obtained through fraudulent means, the Registrar can order the cancellation of the registration and impose additional penalties (s 18(2)). These provisions are designed to ensure the integrity of the registration process and to protect the rights of all parties involved.