SHIPPING REGISTRATION ACT 1981
NOTICE OF INTENTION TO APPLY FOR REGISTRATION
Notice is hereby given of the intentional of Joel McKenna and Ron McKenna of 47 Fairview Street, Bayview, Cairns, QLD 4870 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 above mentioned 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: Entourage II
Former name: My Space
Present whereabouts: Cairns, Queensland
Length: 47ft
Principal material of construction: GRP
Type of ship: Pleasure craft
Overview
The Shipping Registration Act 1981 was enacted by the Australian Parliament to address the need for a structured and centralised system for the registration of ships in Australia. This Act aimed to fill a legislative gap by providing a formal process for ship registration, which was crucial for establishing clear ownership and accountability, and ensuring compliance with maritime safety standards. The policy objective of the Act was to facilitate efficient administration and management of ship registrations, thereby enhancing maritime safety and the regulation of shipping activities within Australian waters. The Act enables the creation of a comprehensive national ship registry, which assists in the identification and tracking of vessels, and supports the enforcement of maritime laws and regulations.
The notice of intention to apply for registration under the Act, as exemplified in the case of Joel McKenna and Ron McKenna, serves as a public declaration of their intent to register a specific ship, the Entourage II, formerly known as My Space. This notice allows interested parties, particularly those with potential claims to the ship, to object to the registration within a specified timeframe. The registration process is intended to provide legal certainty and recognition of ownership, ensuring that all stakeholders are aware of the ship’s registered status and the parties involved. This mechanism helps maintain transparency and order in the maritime domain, aligning with the Act’s overarching goal of improving maritime safety and regulatory compliance.
Scope and Application
The Shipping Registration Act 1981 applies to any person or entity that intends to register a ship within Australia. In this case, the Act is engaged by Joel McKenna and Ron McKenna who seek to register the ship named "Entourage II" with the Australian authorities. The Act's jurisdictional reach extends across the Commonwealth of Australia, with the application being processed by the Registrar of Ships at the Australian Maritime Safety Authority in Canberra. The Act facilitates the registration of ships, including their particulars such as name, former names, location, dimensions, and construction details, by providing a formal process for such registrations and allowing for objections from any party claiming a legal proprietary right in respect of the ship. The Act does not specify any exclusions or exemptions, implying that all ships intended for registration in Australia must adhere to its provisions, unless otherwise noted through subordinate instruments. These subordinate instruments may further define or restrict the application of the Act but are not detailed in this notice.
Key Provisions
The Shipping Registration Act 1981 provides a framework for the registration of ships in Australia, and the Notice of Intention to Apply for Registration (sections 5 and 6) is a critical first step in this process. This notice, which includes the ship's particulars, must be published, allowing any person with a legal claim to the ship to object within a specified period (section 7). In this case, Joel McKenna and Ron McKenna have notified their intention to apply for the registration of a ship named Entourage II, formerly known as My Space, and have provided details such as its current location, length, material of construction, and type.
Under the Act, the obligations imposed on the applicants, Joel McKenna and Ron McKenna, include ensuring that all provided information is accurate and that any objections are addressed. They must also submit the necessary documentation to the Registrar of Ships, which includes any evidence of their legal right to the vessel (section 8). Failure to provide the correct information or address legitimate objections may result in the rejection of their application for registration.
The Act also outlines the consequences of non-compliance or breach. If an applicant knowingly provides false information, they may be subject to civil or criminal penalties. The specific penalties for such breaches are not detailed in this notice but would typically involve fines or other legal repercussions as outlined in the Act (section 10). It is important for applicants to ensure all information is truthful and accurate to avoid any potential legal issues.