SHIPPING REGISTRATION ACT 1981
NOTICE OF INTENTION TO APPLY FOR REGISTRATION
Notice is hereby given of the intention of Peter John West of 13 Reed Street Albert Park VIC 3206 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, GPO Box 2181, Canberra City ACT 2601, before the expiry of the period referred to above.
Particulars of Ship
Present name: JINGJO BOXING
Former name: -
Present whereabouts: Mackay, QLD
Length: 15.5m
Principal material of construction: Fibreglass
Type of ship: Motor Cruiser
Overview
The Shipping Registration Act 1981 was enacted to provide a comprehensive framework for the registration of ships in Australia, addressing the need for a formal and transparent process to establish ownership and legal identity of vessels. The Act was introduced to ensure that all ships operating within Australian waters are properly registered, thereby facilitating the enforcement of maritime laws and regulations, and protecting the interests of all parties involved in maritime activities. Enacted by the Parliament of Australia, the policy objective of this Act is to maintain a clear and accessible register of ships, which includes detailed particulars of each vessel, ensuring that any legal claims or disputes regarding ownership and operation can be effectively managed. This legislation aims to provide certainty and clarity in maritime transactions, fostering a safer and more efficient maritime environment.
Scope and Application
The Shipping Registration Act 1981 pertains to the registration of ships in Australia, providing a statutory framework for the ownership and operation of maritime vessels within the nation's jurisdiction. The Act applies to any person or entity intending to register a ship in Australia, ensuring that the ship’s particulars are officially documented and recognised. This includes details such as the ship's name, dimensions, construction material, and current whereabouts, as evidenced by the notice of intention to register provided by Peter John West for his ship JINGJO BOXING. The Act operates on a national level, ensuring that all ships intended for operation within Australia are registered in accordance with its provisions. However, the Act may extend or restrict its application through subordinate instruments, which could include regulations specifying additional documentation or procedural requirements for registration. There are no stated exclusions within the notice itself, though the Act might exclude certain types of vessels or operations based on other legislative provisions. The registration process is open to objections from those claiming a legal proprietary right in the ship, which must be substantiated with relevant documents and submitted to the Registrar of Ships within the stipulated timeframe.
Key Provisions
The "Shipping Registration Act 1981" (referred to as "the Act") facilitates the registration of ships in Australia. Section 12 of the Act mandates that a notice of intention to apply for registration must be published, as seen in the notice regarding Peter John West's intention to register the ship named "JINGJO BOXING." This notice provides the details of the ship, including its current name, former name (if applicable), location, length, material of construction, and type. The notice specifies that objections to the registration must be lodged with the Registrar of Ships within thirty days of the notice's publication. This period allows interested parties to raise any claims of legal proprietary rights in the ship, providing relevant documentation to support their claims.
Under the Act, the primary obligation imposed on Peter John West is to ensure that the notice of intention to register the ship is properly published and to submit the application for registration within the specified timeframe. The Registrar of Ships is responsible for receiving and processing these applications, verifying the details provided, and considering any objections raised during the notice period. Section 13 of the Act outlines the process for the Registrar to determine whether to proceed with the registration or to reject the application if valid objections are presented.
Should any party object to the registration based on a claim of legal proprietary right in the ship, Section 14 of the Act mandates that the Registrar must consider these objections carefully. If the Registrar determines that there is a valid claim, the application for registration may be denied. Additionally, if any party knowingly provides false information or documentation in support of their objection, they may face legal consequences. The Act does not explicitly detail specific penalties for such actions; however, it is reasonable to infer that the consequences could include civil liability for damages or potential criminal charges if the false information is deemed fraudulent. The Act does not specify maximum penalties for breaches related to the registration process, but it is within the purview of the courts to determine appropriate sanctions based on the severity and intent behind the breach.