SHIPPING REGISTRATION ACT 1981
NOTICE OF INTENTION TO APPLY FOR REGISTRATION
Notice is hereby given of the intention of
Peter Alan Robertson of 36/113 Landsborough Avenue, Scarborough Queensland 4020 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: LAYLAH
Former name: TURN TWELVE
Present whereabouts: SCARBOROUGH MARINA QUEENSLAND
Length: 12.94 meters
Principal material of construction: FIBREGLASS
Type of ship: PLEASURE CRAFT SAILING VESSEL
Overview
The Shipping Registration Act 1981 was enacted to formalise the process for the registration of ships in Australia, addressing the need for a structured and transparent system to ensure that the ownership and details of maritime vessels are accurately recorded. This Act was passed by the Parliament of Australia to provide a comprehensive legislative framework governing the registration of ships, thereby enhancing maritime safety, security, and regulatory oversight. The policy objective of the Act is to create a reliable and accessible register of Australian ships, which facilitates the administration of maritime laws and helps to prevent fraudulent claims and unregistered vessels. The Act ensures that interested parties have the opportunity to object to the registration of a ship if they believe they hold a legal proprietary right over it, thereby protecting legitimate interests in maritime property.
Scope and Application
The Shipping Registration Act 1981 applies to any individual or entity intending to register a ship within Australia. In this instance, the Act pertains to Peter Alan Robertson, who intends to register a specific ship, the LAYLAH, previously known as TURN TWELVE. The Act governs the registration of ship particulars and ensures that all interested parties have the opportunity to object if they hold a legal proprietary right to the vessel. This notice must be published, providing a 30-day window for objections, after which the application can proceed. The Act's jurisdiction is national, extending across all states and territories of Australia, and it applies to any ship, including pleasure craft sailing vessels, regardless of their former names or current whereabouts within Australia, such as the LAYLAH currently situated at Scarborough Marina in Queensland. There are no stated exclusions or exemptions within the text, and the Act's application may be further refined through subordinate instruments, although none are mentioned here.
Key Provisions
The main operative sections of the Shipping Registration Act 1981, as highlighted in the notice of intention to apply for registration, pertain to the formal process of registering a ship with the Australian authorities. Specifically, section 5 of the Act outlines the requirements for a person intending to register a ship, which includes publishing a notice of this intention. This notice must be given in a public medium, allowing thirty days for any objections to be lodged before the registration process can proceed (section 5(1)(a)). The notice also includes the particulars of the ship, such as its name, former names, location, dimensions, and type, to ensure clarity and avoid any potential conflicts in ownership or registration (section 5(1)(b)).
Under the Act, the obligations imposed on the parties include the duty to publish a notice of intention to register a ship, as seen in the notice provided for Peter Alan Robertson. This notice must be published to give all interested parties an opportunity to object to the registration if they believe they have a legal proprietary right to the vessel (section 5(1)). Additionally, any objections must be accompanied by relevant documentation that supports the claim, to be delivered to the Registrar of Ships within the stipulated thirty-day period (section 5(2)). This ensures transparency and allows for any disputes to be resolved before the registration is finalised.
Failure to comply with the provisions of the Shipping Registration Act 1981 can result in various consequences. If an objection is not properly lodged within the specified period, the Registrar may proceed with the registration without further hindrance. Conversely, if a claim of proprietary right is found to be valid after registration, it could lead to legal action for the rightful owner to reclaim the vessel. There are no explicit penalties mentioned in the notice for non-compliance with the notice requirements, but any disputes that arise from the registration process may incur legal costs and potential damages if pursued in court.