SHIPPING REGISTRATION ACT 1981
NOTICE OF INTENTION TO APPLY FOR REGISTRATION
Notice is hereby given of the intention of
Stephen Ernest Cremerius of 3/352-354 Port Douglas Road, Port Douglas QLD 4877 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, Level 3, 82 Northbourne Avenue, Braddon, ACT 2612 or 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: Kenobi
Former name: Kenobi
Present whereabouts: Port Douglas, Qld
Length: 13.7m
Principal material of construction: Fibreglass
Type of ship: Sailing Catamaran
Overview
The Shipping Registration Act 1981, enacted by the Australian Parliament, was introduced to address the need for a formal system of ship registration in Australia. The Act provides a framework for the registration of ships, including the process for registering a ship's details and the rights of individuals to object to such registrations if they have a legal proprietary claim over the vessel. The policy objective behind the Act is to ensure that all ships operating within Australian waters are properly registered, thus facilitating effective maritime regulation and safety. This notice of intention to apply for registration serves as a public announcement and an opportunity for interested parties to raise objections, ensuring transparency and adherence to legal proprietary rights in maritime matters.
Scope and Application
The Shipping Registration Act 1981 applies to any person or entity that intends to register a ship in Australia, including individuals, companies, and partnerships. The Act governs the registration of ship particulars and the legal proprietary rights associated with ships. In the provided notice, the Act is invoked by Stephen Ernest Cremerius who intends to register the ship named "Kenobi," a sailing catamaran constructed of fibreglass and currently located in Port Douglas, Queensland. This Act applies nationally, with registration handled by the Australian Maritime Safety Authority, and extends its reach to any Australian waters. Exclusions from the Act's application may include ships primarily used for non-commercial purposes, but these specifics are not detailed in the notice. The Act allows for the extension and restriction of its application through subordinate instruments, which may provide further clarity on eligibility and procedural details.
Key Provisions
The main operative sections of the Shipping Registration Act 1981 as referenced in the Gazette notice (C2018G00072) pertain to the notification of an intention to apply for ship registration (section 12) and the requirement for objections to be submitted within a specified period (section 13). According to section 12, Stephen Ernest Cremerius intends to apply for the registration of a ship named "Kenobi" after a 30-day period from the date of publication. Section 13 outlines the process for submitting objections to the registration if any party claims a legal proprietary right to the ship. The details of the ship, including its current name, former name, location, dimensions, construction material, and type, are also provided in the notice.
The Act imposes several obligations and requirements on the parties involved. Stephen Ernest Cremerius must ensure that all ship particulars are accurately provided in the notice. The Registrar of Ships must make this notice available for public scrutiny to allow any interested party to raise objections. Those who believe they have a legal proprietary interest in the ship must submit their objections along with any relevant documentation to either the Australian Shipping Registration Office or the Australian Maritime Safety Authority within the specified 30-day period. This transparency ensures that all legitimate claims are considered before the registration process is finalised.
Breaching the provisions of the Shipping Registration Act 1981 can result in various civil or criminal consequences. For instance, if a party submits false information in an attempt to influence the registration process, they may face penalties for misleading or deceptive conduct. The Act does not specify maximum penalties within the provided notice, but such offences generally attract fines or imprisonment under Australian law. Additionally, failure to address legitimate objections in a timely manner could lead to further legal challenges, potentially resulting in the cancellation of the registration. The seriousness of these consequences underscores the importance of adhering to the Act's requirements and timelines.