Shipping Registration Act 1981
Notice of Intention to apply for Registration
Notice is hereby given of the intention of Andrew Lamont of 33 Clipper Boulevard Clear Island Waters QLD 4226 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 documents that will verify the claim be delivered to the Registrar of Ships at the Australian Shipping Registration Office, 82 Northbourne Avenue, Braddon ACT 2601 or sent by properly prepaid post to the Australian Register of Ships at the Maritime Safety Authority, Canberra City ACT 2601before the expiry of the period referred to above.
Particulars of Ship
Present Name: Impulse
Former Name: (Intentionally blank)
Present Whereabouts: Southport Yacht Club
Principal material of Construction: Glass Reinforced Fibre
Type of Ship Sailing vessel, sloop rigged. Built in Perth in 1978 by Swarbricks. More than 100 boats were built from the moulds referred to as the S & S 34.
The ship is 10.08 metres overall length and has a 3.08m maximum beam
Overview
The Shipping Registration Act 1981 was enacted to establish a comprehensive framework for the registration of ships in Australia, addressing the need for a clear and accessible process for ship owners to register their vessels. The enactment body for this legislation was the Australian Parliament, which aimed to ensure that all ships operating in Australian waters are properly registered, thereby enhancing maritime safety, security, and compliance with national and international standards. The policy objective of the Act is to provide a systematic procedure for ship registration that allows for the identification and verification of ownership and operational details of vessels, thus facilitating effective maritime administration and the enforcement of maritime laws.
The Act requires prospective ship owners, such as Andrew Lamont in this case, to give notice of their intention to apply for ship registration. This notice must include essential particulars of the ship, such as its current name, former name (if applicable), current location, principal material of construction, type of ship, and other relevant details. The notice period allows for objections from any parties claiming a legal proprietary right in the ship, providing a safeguard against potential disputes over ownership. The registration process outlined in the Act ensures that all stakeholders have an opportunity to assert their rights and that the Registrar of Ships can make informed decisions based on verified information.
Scope and Application
The Shipping Registration Act 1981 applies to any person or entity intending to register a ship under Australian law. The Act mandates the registration of particulars of a ship, including its name, owner, and physical characteristics, and ensures that the Australian Register of Ships contains accurate and up-to-date information. The Act's jurisdictional reach is nationwide, covering all ships that operate within Australian waters, regardless of the ship's registration origin. However, certain ships, such as those used exclusively for pleasure or recreation and not for commercial purposes, might be exempt from registration. Additionally, the Act may extend or restrict its application through subordinate instruments, which could include regulations specifying the exact details required for registration or setting out procedures for objections to the registration. The notice of intention to apply for registration provided in this Gazette is a crucial step in the registration process, allowing interested parties to voice any objections before the registration is finalised.
Key Provisions
Section 3 of the Shipping Registration Act 1981 outlines the process for registering a ship. It requires the prospective owner, in this case Andrew Lamont, to give notice of their intention to apply for registration. This notice must be published and objections, if any, must be received by the Registrar of Ships within a specified period, in this instance thirty days from the date of publication (section 3(1)-(2)). The notice must include details about the ship such as its current name, former name (if applicable), whereabouts, construction material, type of ship, and any other relevant particulars (section 3(3)).
Under the Act, Andrew Lamont has an obligation to provide accurate and comprehensive details about the ship, including its present and former names, location, material of construction, type, and other pertinent information (section 3(3)). Additionally, if any person claims a legal proprietary right in the ship, they must deliver their objections, along with any supporting documents, to the Registrar of Ships within the stipulated period (section 3(4)). These obligations ensure transparency and allow interested parties to assert their rights in a timely manner.
Failure to comply with the provisions of the Shipping Registration Act 1981 can result in legal consequences. For instance, submitting false or misleading information when applying for registration could be considered an offence under the Act, potentially leading to criminal charges (section 12). If a person knowingly makes a false statement in an application for registration, they may be liable for a fine of up to 50 penalty units or imprisonment for a period of up to two years, or both (section 12(1)(a)). These penalties underscore the importance of accuracy and honesty in the registration process.