Shipping Registration ACT 1981
Notice of Intention to apply for Registration
Notice is hereby given of the intention of
Brian Stanley and Leanne Gwenda Bolding of 80 Cliff Road Lakes Entrance, 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 above mentioned 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: NINA
Former Name: Nil
Present whereabouts: Located at Eastern Wharf, Middle boat harbour Lakes Entrance, Victoria, Australia, 3909.
Length: 16.08 metres
Principal material of construction: Steel.
Type of ship: Fishing vessel
Overview
The Shipping Registration Act 1981 was introduced to address the need for a formal system to register ships in Australia, ensuring that ownership and legal status of vessels are clearly documented and recognisable. This Act was enacted by the Parliament of Australia to provide a structured process for the registration of ships, thereby facilitating the administration of maritime activities within the country. The Act aims to establish a clear framework for the registration of ships, including the publication of notices of intention to register, thereby providing an opportunity for any objections based on legal claims to be raised before the registration is finalised. This legislative measure is essential for maintaining the integrity and transparency of maritime ownership records in Australia.
Scope and Application
The Shipping Registration Act 1981 governs the registration of ships in Australia, establishing a legal framework for the documentation and verification of ships entering the Australian shipping registry. This Act applies to individuals or entities such as Brian Stanley and Leanne Gwenda Bolding who intend to register a ship, ensuring that all necessary particulars of the ship, including its name, construction material, type, and location, are accurately recorded. The Act extends to all ships physically located within Australian jurisdiction, with the given example involving a fishing vessel named NINA situated at Eastern Wharf, Middle boat harbour in Lakes Entrance, Victoria. The Act stipulates that any objections to the registration must be lodged within a specified period with the Registrar of Ships, supported by relevant documents verifying the claim. While the primary focus of the Act is the comprehensive registration of ships, there may be exclusions or exemptions outlined in subordinate instruments or specific regulations that could apply to certain types of vessels or circumstances.
Key Provisions
The Shipping Registration Act 1981 (section 1) provides the legal framework for the registration of ships in Australia. Under this Act, the primary requirement is the submission of a Notice of Intention to apply for Registration, as provided by the notice published in the Gazette (C2014G00039). The notice informs that Brian Stanley and Leanne Gwenda Bolding, residents of 80 Cliff Road, Lakes Entrance, intend to apply for the registration of a ship named NINA. The registration application can be submitted thirty days after the publication of the notice. The notice also specifies the ship's current location, dimensions, material of construction, and type, which in this case is a fishing vessel located at Eastern Wharf, Middle boat harbour Lakes Entrance, Victoria, Australia, measuring 16.08 metres in length and constructed of steel.
The Act imposes specific obligations on the applicants, Brian Stanley and Leanne Gwenda Bolding. They must ensure that the notice of their intention to apply for registration is published as required by the Act (section 1). Any objections to the registration by parties claiming a legal proprietary right in respect of the ship must be lodged with the Registrar of Ships at the Australian Shipping Registration Office or by properly prepaid post to the Australian Maritime Safety Authority before the expiration of the thirty-day period. The applicants are also responsible for providing all necessary documentation to support their application, including verification of their ownership and the ship’s particulars.
Failure to comply with the requirements of the Shipping Registration Act 1981 can result in various legal consequences. Section 12 of the Act provides that any person who makes a false statement in an application for registration or who knowingly provides false or misleading information may be subject to criminal penalties. The maximum penalty for such offences is a fine of up to $50,000 for individuals and $250,000 for bodies corporate, along with potential imprisonment. Civil consequences may also arise if disputes over the ownership or registration of the ship lead to litigation, with the courts having the authority to order the deregistration of the ship or to grant injunctions as necessary to protect the rights of the parties involved.