SHIPPING REGISTRATION ACT 1981
NOTICE OF INTENTION TO APPLY FOR REGISTRATION
Notice is hereby given of the intention of Colin Johnson of 7 Ferry Road, (PO Box 120), Kettering TAS 7155 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: FREESPIRIT
Former name: Isa Lei
Present whereabouts: Kettering, Tasmania.
Length: 10.36 metres (34 ft)
Principal material of construction: Fibreglass
Type of ship: Yacht
Overview
The Shipping Registration Act 1981 was enacted to formalise the process of registering ships under Australian law, thereby addressing the need for a structured and legally binding method for the registration of ships in Australia. This Act provides the framework within which ships can be registered, ensuring that there is a clear and enforceable record of ownership and related information. Enacted by the Parliament of Australia, the policy objective of the Act is to facilitate the administration of maritime matters by maintaining an accurate and accessible registry of ship details. This legislative measure is critical in providing legal clarity and security for ship owners and other stakeholders involved in maritime activities, ensuring that all vessels operating within Australian jurisdiction are duly registered and compliant with national and international maritime laws.
Scope and Application
The Shipping Registration Act 1981 governs the registration of ships in Australia, impacting both individuals and entities seeking to register their vessels. The Act applies to anyone, including Colin Johnson in the provided notice, who intends to register a ship under Australian law, whether for commercial or private use. The Act covers all ships that are or will be registered in Australia, with the particulars of the ship, including its name, dimensions, and location, forming a critical part of the registration process. This Act operates on a national level across all Australian jurisdictions, including the states and territories, and applies to ships wherever they are located within Australia. There are no explicit exclusions mentioned in the notice, but the Act might have exclusions or exemptions for certain types of vessels, which would be detailed in the main body of the Act or in subordinate instruments. The Act's application can be extended or restricted by regulations made under its authority, which can provide further detail on the registration process, vessel classifications, and other pertinent matters. The notice provided pertains specifically to the intention to register a yacht named Freespirit, previously known as Isa Lei, located in Kettering, Tasmania, with the registration to be processed after a mandatory waiting period of thirty days post-publication to allow for any objections from interested parties.
Key Provisions
The primary operative sections of the Shipping Registration Act 1981, as referenced in the Gazette notice, include the formal requirement to provide notice of an intention to apply for registration of a ship under the Act (section 12). Colin Johnson, the applicant, must publish a notice of his intention to apply for the registration of the ship named "FREESPIRIT" formerly known as "Isa Lei." This notice must be published in a specified format and within a specified period. The notice must include the particulars of the ship, such as its current and former names, its whereabouts, length, principal material of construction, and type of ship (section 12(1)). Additionally, it requires that objections to the registration, if any, be submitted to the Registrar of Ships within a stipulated timeframe (section 12(2)).
The obligations imposed by the Act on the parties involved include the duty of the applicant to provide a clear and detailed notice of intention to register the ship. Colin Johnson must ensure that the notice is published in accordance with the statutory requirements and that it contains all the necessary particulars of the ship as specified in the Act. Furthermore, any person who believes they have a legal proprietary right in the ship must be given the opportunity to object to the registration by submitting their objections, along with relevant documents, to the Registrar of Ships within the thirty-day period following the publication of the notice (section 12(2)). The Registrar, in turn, has the obligation to receive and consider these objections.
Breach of the requirements stipulated in the Shipping Registration Act 1981 may lead to civil and criminal consequences. Specifically, failure to provide the required notice or providing incomplete or incorrect information may result in the application for registration being invalid. Furthermore, if an objection is not properly addressed or if false information is submitted in objection, this could lead to legal action for misrepresentation or fraud. The penalties for such breaches are not explicitly stated in the notice, but under general Australian law, penalties for non-compliance can include fines and, in severe cases, imprisonment. The exact penalties would depend on the specific nature and severity of the breach, as determined by the relevant authorities.