Shipping Registration ACT 1981
Notice of Intention to apply for Registration
Notice is hereby given of the intention of Allan Robert Furness of Unit 27 111 – 139 Coburns Road Brookfield 3338 Victoria 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: Huey
Former name: Scallywag
Present whereabouts: Newcastle Cruising Yacht Club marina
Length: 12 metres
Principal material of construction: Steel
Type of ship: Cutter rigged yacht
Overview
The Shipping Registration Act 1981 was enacted by the Australian Parliament to address the need for a formal and transparent process for the registration of ships, particularly in relation to ensuring the legitimacy of claims to proprietary rights in ships. This Act ensures that there is a clear and regulated system for ship registration, which is essential for the identification and enforcement of rights associated with vessels. The policy objective behind the Act is to provide a structured framework for the registration of ships and to facilitate the resolution of disputes concerning ownership by allowing interested parties to object to the registration if they have a legitimate claim.
In accordance with the Act, Allan Robert Furness has published a notice of his intention to apply for the registration of a ship under this Act. The ship in question, currently named "Huey" but previously known as "Scallywag," is a steel cutter rigged yacht currently located at the Newcastle Cruising Yacht Club marina. The notice specifies that objections to the registration, supported by relevant documentation, must be lodged with the Registrar of Ships at the Australian Maritime Safety Authority within thirty days of the notice's publication. This procedural notice ensures that all stakeholders are informed and have an opportunity to challenge the registration if they have a legal basis to do so.
Scope and Application
The Shipping Registration Act 1981 governs the registration of ships in Australia and applies to any person or entity seeking to register a ship, irrespective of its type or size, under the Australian Register of Ships. The Act facilitates the registration of both domestic and international ships within Australia's jurisdiction, ensuring that the ship's particulars are accurately recorded and maintained. This Act applies to all ships intended to be registered in Australia, including those already in operation and those newly constructed, and it encompasses various types of vessels such as commercial, recreational, and private ships. The geographic reach of the Act is national, as it applies across all Australian states and territories, ensuring a unified maritime registration process. The Act does not explicitly state exclusions or thresholds, but it implies that all ships intended for registration must comply with the stipulated procedures, including the provision of detailed ship particulars and the resolution of any objections raised during the registration process. Subordinate instruments may further extend or restrict the application of the Act by detailing specific requirements or conditions for ship registration.
Key Provisions
The Shipping Registration Act 1981 contains several key provisions that are pertinent to the registration of ships in Australia. Section 12 of the Act specifies the process for notifying the Registrar of Ships of an intention to apply for ship registration. According to this section, any person, in this case Allan Robert Furness, intending to apply for the registration of a ship must publish a notice of their intention, including the ship's particulars, in a specified manner. The notice must be delivered to the Registrar of Ships at the Australian Shipping Registration Office or sent by prepaid post within a stipulated period, which is thirty days from the date of publication as per Section 12(2).
The obligations imposed by the Act on Allan Robert Furness include publishing the notice of intention to register the ship and providing specific details such as the current and former names of the ship, its present whereabouts, length, principal material of construction, and type. Additionally, Section 13 of the Act mandates that any person claiming a legal proprietary right in respect of the ship may object to the registration within the same thirty-day period. Such objections must be accompanied by relevant documents to verify the claim. This ensures that all potential claims to the ship are addressed before proceeding with the registration.
In the event of non-compliance with the provisions of the Shipping Registration Act 1981, the Act provides for civil and criminal consequences. While specific penalties are not detailed within the notice itself, breaches of the Act could result in legal action. Civil penalties may include fines, while criminal penalties could potentially involve imprisonment, depending on the nature and severity of the breach. The Act's provisions are designed to ensure that ship registration is conducted transparently and with due regard to the rights of all parties involved.