Shipping Registration ACT 1981
Notice of Intention to apply for Registration
Notice is hereby given of the intention of
Hugh Lindsay Ellis of 2 Snooks Court, Brighton Victoria 3186 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, Canberra City ACT 2601, before the expiry of the period referred to above.
Particulars of Ship
Present name: Moon Fleet II
Former name: Moon Fleet
Present whereabouts: Brighton Victoria Australia
Length: 13.25 Metres
Principal material of construction: Glass Reinforced Plastic
Type of ship: Yacht
Overview
The Shipping Registration Act 1981 was introduced to provide a formal framework for the registration of ships under Australian law, addressing the need for a comprehensive system to record ownership and details of vessels operating within Australian waters. This Act was enacted by the Parliament of Australia to ensure that all ships intended for navigation on Australian waters are properly registered and identifiable, thereby enhancing maritime safety and regulatory oversight. The policy objective of this legislation is to maintain a clear and accessible record of all ships registered in Australia, which is crucial for the enforcement of maritime laws, the protection of proprietary rights, and the facilitation of maritime commerce. This notice of intention to apply for registration, as exemplified by Hugh Lindsay Ellis’s application for the vessel Moon Fleet II, is an integral part of this legislative framework, allowing for public scrutiny and the resolution of any potential disputes over ship ownership prior to formal registration.
Scope and Application
The Shipping Registration Act 1981 applies to any person or entity seeking to register a ship in Australia, particularly focusing on the ship's particulars and the owner's intention to register. The Act covers the geographic reach of the Commonwealth of Australia, providing a unified framework for ship registration across the nation. The Act applies to individuals such as Hugh Lindsay Ellis, who intends to register the ship "Moon Fleet II", a yacht constructed from glass reinforced plastic, measuring 13.25 metres in length and currently located in Brighton, Victoria. The Act also mandates that objections to the registration must be submitted to the Registrar of Ships within a specified period, ensuring transparency and accountability in the registration process.
The Act includes provisions for the exclusion of certain types of vessels and may extend its application through subordinate instruments, which might specify additional requirements or conditions for registration. However, the primary focus remains on ensuring that all ships seeking registration in Australia are properly documented and that any legal claims to the vessel are addressed before final registration. The notice published under this Act serves as a public declaration of intent to register, allowing interested parties to raise objections based on proprietary rights or other legal grounds.
Key Provisions
The Shipping Registration Act 1981 provides a mechanism for registering the particulars of a ship in Australia. Section 11 of the Act enables an individual, such as Hugh Lindsay Ellis in this case, to notify the Registrar of Ships of their intention to apply for registration of a ship (section 11(1)). In this instance, Mr. Ellis intends to apply for the registration of a yacht named Moon Fleet II, which is currently located in Brighton, Victoria. The notice must be published, and a 30-day period begins from the date of publication during which objections can be lodged (section 11(2)). This period allows for any claims of proprietary rights to be asserted and for the Registrar of Ships to review the application.
The Act imposes specific obligations on the applicant, Mr. Ellis, to provide accurate details of the ship, including its present and former names, location, length, material of construction, and type (section 11(1)(a)-(f)). Additionally, the Act requires that objections to the registration, if any, must be submitted to the Registrar of Ships at the Australian Shipping Registration Office or by properly prepaid post to the Australian Maritime Safety Authority (section 11(4)). The Registrar is tasked with verifying the claims and ensuring that all legal proprietary rights are considered before proceeding with the registration.
Failure to adhere to the provisions of the Act can lead to legal consequences. While the Act does not explicitly detail specific offences or penalties for non-compliance with the notice of intention to apply for registration, it is part of a broader regulatory framework that may involve civil or criminal penalties for broader breaches of maritime regulations. Under the broader maritime laws of Australia, non-compliance could potentially lead to fines or other sanctions, depending on the nature and severity of the breach. The maximum penalties for such offences can vary widely, but they are generally outlined in related maritime legislation and can include substantial financial penalties or even imprisonment in serious cases.