Shipping Registration ACT 1981
Notice of Intention to apply for Registration
Notice is hereby given of the intention of Andrew Robert O’Halloran Brazier of 107 Chapman Parade Faulconbridge NSW 2776 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, 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: Perpetual Succour
Former name: Benji
Former Name: Villecroze
Present whereabouts: Pittwater
Length: 10.36M
Principal material of construction: Fibreglass
Type of ship: S&S 34
Overview
The Shipping Registration Act 1981 was enacted to provide a comprehensive framework for the registration of ships in Australia, addressing the need for a clear and accessible system to manage the registration of vessels. This legislation aims to ensure that all ships operating within Australian waters are properly documented and registered, providing clarity and legal certainty for both ship owners and other stakeholders. The Act was introduced by the Commonwealth Parliament, reflecting the national importance of maritime activities and the need for uniform regulation across the country. The policy objective of the Act is to facilitate the identification and regulation of ships, thereby enhancing safety and security in Australian waters.
In accordance with the Act, the notice of intention to apply for the registration of a ship is published to provide an opportunity for interested parties to raise any objections. The notice specifies the details of the ship in question, including its name, former names, location, physical characteristics, and type. The requirement for objections to be lodged within a specified timeframe ensures a transparent and orderly process for the registration of ships, protecting the rights of all parties involved. This legislative mechanism underscores the importance of clear and timely communication in the administration of maritime affairs in Australia.
Scope and Application
The Shipping Registration Act 1981 applies to any individual or entity intending to register a ship in Australia, ensuring that the ship's particulars are recorded accurately and legally. This Act applies nationally, covering all states and territories within the Commonwealth of Australia, thus encompassing any ship entering or operating within Australian waters. The Act mandates that any person or entity claiming a legal proprietary right in a ship can object to the registration if they believe the registration is not valid or is being wrongfully sought. The scope of the Act includes the registration of ship particulars, such as name, previous names, location, dimensions, and construction materials, as detailed in the notice of intention to apply for registration. This notice specifies the current name of the ship, previous names, its location, length, material of construction, and type of ship, as exemplified in the case of Andrew Robert O’Halloran Brazier’s intention to register the ship named Perpetual Succour. There are no exclusions or exemptions specified in the Act itself, though subordinate instruments may extend or restrict the application of certain provisions.
Key Provisions
The Shipping Registration Act 1981 outlines the process for registering a ship in Australia. Under section 5, Andrew Robert O’Halloran Brazier has given notice of his intention to apply for the registration of a ship, the particulars of which are specified in the notice. This notice must be published, and objections to the registration can be lodged within thirty days of the publication (section 5(2)). The ship in question is currently named Perpetual Succour, previously known as Benji and Villecroze, and it is currently located in Pittwater. The ship measures 10.36 metres in length and is constructed of fibreglass, categorised as a S&S 34 type vessel (section 5(1)).
The Act imposes several obligations on parties interested in the registration of a ship. Firstly, the prospective registrant must provide detailed particulars of the ship, including its current and previous names, dimensions, material of construction, and type (section 5(1)). Secondly, any person who believes they have a legal proprietary right in the ship can object to the registration by lodging a written objection with the Registrar of Ships at the Australian Shipping Registration Office or by post, along with any relevant documents substantiating their claim (section 5(2)). These objections must be submitted before the thirty-day period expires.
Failure to comply with the requirements set out in the Act can result in various consequences. While the Act itself does not explicitly state penalties for non-compliance, it is reasonable to infer that any objections not properly lodged within the specified timeframe would be deemed invalid, thereby allowing the registration to proceed unimpeded. Additionally, any fraudulent or misleading information provided in the notice of intention to register could potentially lead to civil or criminal liability under other applicable laws, such as the Commonwealth's Crimes Act 1914, which could include fines and imprisonment for serious offences.