SHIPPING REGISTRATION ACT 1981
NOTICE OF INTENTION TO APPLY FOR REGISTRATION
Notice is hereby given of the intention of
Mark Edward Delaney of 7 Silsoe Street Hamilton East NSW 2303 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: Pax
Former name: Pax
Present whereabouts: Belmont Bay Lake Macquarie
Length: 30 Feet
Principal material of construction: Fibreglass
Type of ship: Sailing Sloop
Overview
The Shipping Registration Act 1981 was enacted to establish a comprehensive system for the registration of ships in Australia, addressing the need for a unified framework to regulate the ownership and operation of vessels within Australian waters. This Act was introduced by the Australian Parliament to ensure that ships registered in Australia meet specific standards and to facilitate the enforcement of maritime laws. The policy objective behind the Act is to provide a clear legal framework that ensures the traceability and accountability of ship ownership, which is crucial for maritime safety, environmental protection, and the prevention of unlawful activities at sea. The Act mandates the registration of ships with the Australian Maritime Safety Authority, which oversees the administrative process and maintains a registry of all eligible vessels. This registration process includes the publication of a notice of intention to register, as seen in the case of Mark Edward Delaney's application for the registration of the ship named Pax, which is intended to allow interested parties to raise any objections or claims regarding the vessel before final registration is granted.
Scope and Application
The Shipping Registration Act 1981 applies to any person intending to register a ship with the Australian authorities. This Act specifically mandates that any individual or entity, such as Mark Edward Delaney in this case, intending to apply for the registration of a ship must provide notice of this intention as stipulated by the Act. The Act governs the registration of ship particulars, ensuring that any individual or entity claiming a legal proprietary right in a ship can object to the registration if they believe their rights are being infringed upon. The scope of this Act is national, extending across the Commonwealth of Australia, and it applies to all ships, regardless of their current location within Australian territorial waters. There are no stated exclusions or exemptions within the notice itself, although the Act may contain broader provisions that are not detailed here. The application of the Act may be extended or further defined through subordinate instruments issued under its authority.
Key Provisions
The Shipping Registration Act 1981 governs the registration of ships in Australia, and section 13(1) specifies that a notice of intention to apply for registration must be given by the prospective registrant. In the case of Mark Edward Delaney, this notice is published to inform the public of his intention to register his ship, the Pax, which is a 30-foot sailing sloop made of fibreglass, currently located in Belmont Bay Lake Macquarie (section 13(2)). This notice provides an opportunity for any person claiming a legal proprietary right in respect of the ship to object to the registration within thirty days of the notice's publication (section 13(4)).
The obligations under the Act require the prospective registrant to provide specific details about the ship, including its present and former names, whereabouts, length, principal material of construction, and type (section 13(2)). These details are essential for the Registrar of Ships to assess the application and determine whether the ship should be registered in the name of the applicant. Additionally, the prospective registrant must ensure that the notice is published in a manner that allows interested parties to receive it within the specified timeframe (section 13(3)).
Objections to the registration must be submitted to the Registrar of Ships, either at the Australian Shipping Registration Office or by properly prepaid post, along with any relevant documents that verify the claimant's proprietary right in the ship (section 13(5)). The Registrar is then responsible for reviewing the application and any objections received to determine whether the registration should proceed (section 14(1)).
Failure to comply with the provisions of the Act, such as not providing sufficient notice or submitting objections outside the specified timeframe, may result in the Registrar proceeding with the registration without considering the objections. Furthermore, any person who knowingly makes a false statement in an application or in an objection to the registration may be subject to civil or criminal penalties, as the Act includes provisions for offences and penalties for such conduct (section 16). The maximum penalties for these offences are not specified in the provided text, but they may include fines and/or imprisonment, depending on the severity of the offence.