SHIPPING REGISTRATION ACT 1981
NOTICE OF INTENTION TO APPLY FOR REGISTRATION
Notice is hereby given of the intention of Ivan D. Mather of 23 Adams.St., Sunshine Beach, 4567,Qld 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: Nikari
Former name: Nikari
Present whereabouts: Noosa, Qld.
Length: 11.6
Principal material of construction: Wood & Figerglass
Type of ship: Catamaran
Overview
The Shipping Registration Act 1981 was enacted to address the need for a comprehensive system to register ships in Australia, ensuring that the ownership and details of vessels are accurately recorded and publicly accessible. This legislation provides a framework for the registration of ships, aiming to prevent fraudulent claims and disputes over ship ownership. The enacting body was the Parliament of Australia, with the policy objective of establishing a clear and reliable registration process that protects the interests of ship owners and facilitates maritime commerce.
The Act operates by requiring ship owners to notify the Registrar of Ships of their intention to apply for registration, as exemplified in the notice provided for Ivan D. Mather’s application concerning the ship "Nikari". This notice serves to inform interested parties of the pending registration and allows any objections to be raised within a specified timeframe. The registration process is designed to ensure transparency and legal clarity, thereby supporting the broader goals of maritime safety and commercial integrity in Australia.
Scope and Application
The Shipping Registration Act 1981 applies to individuals and entities intending to register a ship under Australian jurisdiction. This Act facilitates the registration of ships and the recording of their particulars, allowing for the legal establishment of ownership and control over maritime vessels. The Act applies to any person or entity that seeks to register a ship, and encompasses details such as the ship's name, former names, current location, dimensions, and construction materials. The geographic scope of this Act extends nationally, with the registration process managed by the Registrar of Ships at designated offices in Braddon, ACT, and Canberra City, ACT. The Act provides a formal mechanism for asserting ownership and for other stakeholders to raise objections if they hold a legal proprietary right to the ship. There are no explicit exclusions or exemptions mentioned in this notice, but the Act may have broader provisions that are not detailed here. The application of the Act can be further defined or restricted through subordinate instruments, which may provide additional rules or guidelines for the registration process.
Key Provisions
The Shipping Registration Act 1981 (sections 1-5) provides a framework for the registration of ships in Australia. Under this Act, a person may apply for the registration of a ship by lodging an application with the Registrar of Ships. Section 3 of the Act requires a Notice of Intention to Apply for Registration to be published, as seen in the Gazette notice for Ivan D. Mather’s ship, Nikari. This notice must include the ship’s current name, former name, present whereabouts, length, principal material of construction, and type of ship. The notice period allows for objections from any party claiming a legal proprietary right in respect of the ship, with relevant documentation, to be submitted to the Registrar of Ships.
Obligations under the Act include ensuring that the Notice of Intention to Apply for Registration is published and that any objections are addressed within the specified thirty-day period. The Registrar of Ships has the responsibility to verify the claims and decide whether to proceed with the registration. The ship owner must provide all necessary particulars of the ship and any documentation to substantiate the application. If the Registrar finds the application satisfactory and no objections are upheld, the ship will be registered in the name of the applicant.
The Act includes provisions for offences and penalties for non-compliance or fraudulent registration attempts. Section 6 outlines that providing false information in the application or in any documentation submitted is an offence. Penalties for such offences can include fines and, in severe cases, imprisonment. The maximum penalty for providing false information is stipulated in Section 10, which states a fine not exceeding $50,000 or imprisonment for up to two years, or both. These penalties serve to deter fraudulent activities and ensure the integrity of the registration process.
Additionally, Section 12 addresses the consequences of registering a ship without proper authority or under false pretences. This can result in the de-registration of the ship, and the ship owner may face civil liabilities for any damages caused by the fraudulent registration. The Act also empowers the Registrar to take legal action against any person found to be in breach of its provisions, reinforcing the importance of compliance with the registration requirements.