SHIPPING REGISTRATION ACT 1981
NOTICE OF INTENTION TO APPLY FOR REGISTRATION
Notice is hereby given of the intention of
Nigel William Newby of 25/20 Pendal Lane Perth WA 6000 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 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: Lausac
Former name: Julianna
Present whereabouts: Hillarys Marina Western Australia
Length: 11.2 metres
Principal material of construction: Wood
Type of ship: Motor Sailor
Overview
The Shipping Registration Act 1981 was enacted to establish a formal system for the registration of ships in Australia, ensuring that all vessels operating under Australian registration are properly documented and managed. This Act was introduced to address the need for a comprehensive registry that provides clear and accessible records of ship ownership and other relevant details. Enacted by the Parliament of Australia, the policy objective of this legislation is to enhance maritime safety and security by maintaining a clear and accurate registry of ships, thus facilitating better oversight and enforcement of maritime laws. The act allows for the registration of ships by interested parties, as exemplified in the notice of intention to apply for registration of a ship named Lausac, formerly known as Julianna, currently located at Hillarys Marina in Western Australia. The notice specifies the ship's details and provides a process for any objections to the registration to be lodged by those claiming a legal proprietary right in the ship.
Scope and Application
The Shipping Registration Act 1981 applies to any person or entity seeking to register a ship in Australia, encompassing all relevant ships and their owners. The Act pertains to vessels that are intended to be registered under Australian law, including those operating domestically or potentially in international waters, as governed by Australian maritime regulations. The Act specifies that objections to the registration must be submitted by any person claiming a legal proprietary right in the ship, within a designated period after the notice of intention to register has been published. The geographic reach of this Act is national, as it applies across all states and territories within Australia, and it is enforced by the Australian Maritime Safety Authority, which is responsible for the administration and oversight of ship registration in the country. There are no explicit exclusions mentioned within the text provided, but the Act may extend its application through subordinate instruments or regulations that further define ship registration criteria and procedures.
Key Provisions
The Shipping Registration Act 1981 governs the registration of ships in Australia, providing a formal mechanism for documenting ownership and certain particulars of vessels. Section 10(1) mandates that an individual intending to register a ship must publish a notice of intention in the Commonwealth Gazette. This notice, as seen in the given example, informs the public of the applicant's intention and provides details about the ship, including its current and former names, location, length, construction material, and type (Section 10(2)). The notice must be published and remain open for objections for a period of thirty days (Section 10(3)), during which any party with a legal claim to the ship can object by submitting relevant documents to the Registrar of Ships (Section 10(4)).
The Act imposes several obligations on the parties involved. The applicant must ensure the accuracy and completeness of the ship details provided in the notice (Section 11). They must also facilitate a clear process for objections by allowing interested parties to submit their claims and supporting documents to the Registrar within the specified period (Section 12). Additionally, the Registrar of Ships is responsible for receiving, reviewing, and deciding on the objections submitted (Section 13). This process ensures transparency and fairness in the registration process by allowing all legitimate claims to be considered before final registration.
The Act outlines specific consequences for non-compliance with its provisions. If an individual knowingly provides false or misleading information in the notice of intention, they may face penalties. Under Section 15, such an individual can be fined up to 50 penalty units for each instance of misleading information. This provision aims to maintain the integrity of the ship registration process by penalising those who attempt to deceive or circumvent the legal requirements. The maximum penalty serves as a deterrent against fraudulent practices, ensuring that the registration process accurately reflects the true ownership and particulars of each vessel.