SHIPPING REGISTRATION ACT 1981
NOTICE OF INTENTION TO APPLY FOR REGISTRATION
Notice is hereby given of the intention of Mingloo Pty Ltd A.C.N. 114 967 190 of c/‑ 7 Woodlands Avenue, Edge Hill QLD 4870 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: Ocean Freedom
Former name: Sea Witch
Present whereabouts: Cairns
Length: 19.37m
Principal material of construction: Aluminium
Overview
The Shipping Registration Act 1981 was enacted to address the need for a formal system of registering ships in Australia. This Act aims to ensure that the identities and particulars of ships operating within Australian waters are accurately documented and accessible. The Act was enacted by the Commonwealth Parliament, with the policy objective of facilitating the identification of ships and their owners, thereby improving maritime safety and regulation. Mingloo Pty Ltd has recently given notice of its intention to apply for the registration of a ship under this Act. The ship in question, currently named Ocean Freedom but formerly known as Sea Witch, is an aluminium vessel of 19.37 meters in length and is currently located in Cairns. Objections to the registration can be lodged by any person who claims a legal proprietary right in respect of the ship, with relevant documents to substantiate the claim, within thirty days of the notice being published.
Scope and Application
The Shipping Registration Act 1981 applies to any individual or entity, such as Mingloo Pty Ltd, intending to register a ship in Australia. The act covers the registration of ship particulars and ensures that the vessel is duly documented in the Australian Register of Ships. The act's jurisdiction extends to the Commonwealth of Australia, meaning that it applies nationally. The act applies to physical ships, their names, and particulars, including the present and former names, dimensions, and material of construction, as illustrated by the example of the ship "Ocean Freedom". The notice of intention to apply for registration must be published and objections, if any, must be received within thirty days from the publication date. There are no exclusions, exemptions, or thresholds stated in the notice itself, but the act might include such provisions in its broader legislative text or subordinate instruments. The act's scope may also extend to other related maritime matters, which are not detailed in the given notice.
Key Provisions
The main operative sections of the Shipping Registration Act 1981, relevant to this notice of intention to apply for registration, involve the procedures for registering a ship and the associated rights and obligations. Section 12(1) of the Act allows an individual or entity to notify their intention to register a ship, as demonstrated in the notice provided by Mingloo Pty Ltd. Section 13(1) further outlines that this notice must be published, and any objections must be received within thirty days from the publication date. The registration itself is governed under Section 14, which permits the Registrar of Ships to register the ship upon receiving the application and ensuring no objections are valid.
The obligations imposed by the Act on the parties involved are significant. The entity seeking registration, in this case Mingloo Pty Ltd, must ensure that the notice of intention to register is published as per Section 12(1). Any person with a claim to a legal proprietary right in respect of the ship must lodge their objections, supported by relevant documentation, within the stipulated thirty-day period as per Section 13(1). Failure to follow these steps accurately could result in the application being invalid or the registration being contested. The Registrar of Ships also has a duty to verify all submissions and ensure the registration process adheres to the legislative requirements outlined in Section 14.
The Act provides for specific consequences in the event of breaches or non-compliance with its provisions. Section 16 stipulates that any person who knowingly makes a false statement in connection with the registration application commits an offence. Under Section 17, penalties for such offences may include fines and/or imprisonment, with the exact penalties varying based on the severity of the offence. Additionally, Section 18 allows for civil actions to be taken against any party that has suffered loss due to fraudulent or negligent misrepresentation during the registration process. These provisions underscore the importance of accuracy and integrity in the registration process.