SHIPPING REGISTRATION ACT 1981
NOTICE OF INTENTION TO APPLY FOR REGISTRATION
Notice is hereby given of the intention of
Gary Leslie Wilson of 378 Beach Road, Beaumaris VIC, 3193 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, Level 2 Allan Woods Building, 25 Constitution Avenue, Canberra City ACT 2601 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: My Star
Former name: Mystique
Present whereabouts: Sanctuary Cove Marina, Qld 4212
Length: 86 Feet
Principal material of construction: GRP
Type of ship: Motor Yacht
Overview
The Shipping Registration Act 1981 was enacted by the Commonwealth Parliament to address the need for a comprehensive framework governing the registration of ships within Australia. This legislation establishes the legal process for registering ship particulars, ensuring that ownership and other relevant rights are officially recognised. It facilitates the management of maritime interests and provides a mechanism for objecting to registrations where there are claims of legal proprietary rights over a ship. The Act aims to maintain a clear and accessible register of ships, thereby contributing to the orderly administration of maritime affairs.
The notice given under the Shipping Registration Act 1981 by Gary Leslie Wilson illustrates the procedure for those intending to apply for ship registration. This notice serves to inform the public and any interested parties of the impending registration of a specific vessel, in this case, the motor yacht "My Star," formerly known as "Mystique." By providing a window for objections, the Act ensures that the registration process is transparent and allows for the resolution of potential disputes over ship ownership before final registration is granted.
Scope and Application
The Shipping Registration Act 1981 applies to any individual or entity intending to register a ship under Australian law, with Gary Leslie Wilson's application serving as a specific instance. This Act governs the registration of ships within the Commonwealth of Australia and pertains to the particulars of ships, including their names, locations, and construction details. The Act mandates that any person with a legal claim to a ship may object to its registration by submitting relevant documents to the Registrar of Ships at the Australian Maritime Safety Authority within a specified timeframe. The geographic reach of the Act is national, applying across all states and territories of Australia. The Act does not specify exclusions or exemptions, nor does it define thresholds, but it does provide for subordinate instruments that may extend or restrict its application. This means that further regulations or rules can be introduced to clarify or expand upon the provisions of the primary Act, ensuring that the registration process is comprehensive and adaptable to changes in maritime law and practice.
Key Provisions
The Shipping Registration Act 1981 (sections 2-6) lays out the primary provisions concerning the registration of ships. Section 2 requires the publication of a notice of intention to apply for registration. In this instance, Gary Leslie Wilson intends to apply for the registration of a ship, details of which are provided in the notice (section 3). Section 4 allows interested parties to object to the registration if they claim a legal proprietary right in the ship, requiring them to submit their objections and relevant documents to the Registrar of Ships within a specified period. Section 5 addresses the process of registering the ship if no valid objections are raised, and section 6 outlines the details that must be included in the application for registration.
The Act imposes several obligations on the parties involved. The applicant, Gary Leslie Wilson, must publish a notice of their intention to apply for registration, providing the ship's particulars (section 2). Any person with a claim to a legal proprietary right in the ship must submit objections, along with any supporting documents, to the Registrar of Ships within the stipulated period (section 4). The Registrar of Ships, on receiving the application and any objections, must assess the application and objections to determine if the registration should proceed (section 5).
Breaching the provisions of the Shipping Registration Act 1981 can lead to various legal consequences. Under section 7, any person who knowingly provides false or misleading information in an application or objection may be subject to criminal penalties. The maximum penalty for such an offence is a fine of up to $22,200 or imprisonment for up to two years, or both. Additionally, any person who knowingly submits false or misleading documents in support of an objection may also face the same penalties. These strict penalties underscore the importance of accuracy and honesty in the registration process.