Notice of intention to apply for registration of Sailing Vessel ‘Prime Factor’
Shipping Registration Act 1981
Notice is hereby given of the intention of Massimo and Alexander Palleschi of 16 Pacific Ave Atwell WA 6164 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: Prime Factor
Former name: Prime Factor
Present whereabouts: Western Australia
Length: 12.24
Principal material of construction: Fibreglass
Type of ship: Sailing vessel, IOR Far 40
Overview
The Shipping Registration Act 1981, enacted by the Australian Parliament, addresses the need for a structured and formal process for the registration of ships, ensuring that ownership and other legal rights are properly documented and enforceable. This Act facilitates the formal registration of vessels, including the ability to record and manage changes in ownership and other legal interests. The policy objective of the Act is to provide a comprehensive framework that supports maritime trade, aids in the enforcement of maritime law, and ensures that the national ship register accurately reflects the current status of vessels. The notice provided indicates the intention of Massimo and Alexander Palleschi to register their sailing vessel, the 'Prime Factor', under this Act. This process allows interested parties to raise objections if they claim a legal proprietary right in the vessel, ensuring that the registration process is transparent and fair.
The notice specifies the details of the vessel, including its name, former name, location, length, construction material, and type, providing clarity on the subject of the registration application. This allows potential objectors to verify their claims and submit relevant documentation within the specified period to the Registrar of Ships. By following the procedures outlined in the Shipping Registration Act 1981, the process ensures that all legal interests in the vessel are considered, thereby maintaining the integrity of the national ship register.
Scope and Application
The Shipping Registration Act 1981 applies to the registration of ships within Australia, and its scope encompasses the formal process by which a vessel's particulars are registered under Australian law. This Act applies to persons or entities intending to register a ship, such as Massimo and Alexander Palleschi in the provided notice, intending to register their sailing vessel, the 'Prime Factor'. The Act governs the registration of ships, ensuring that vessels are documented accurately and legally within the Commonwealth of Australia. The Act's jurisdictional reach is national, applying to all ships intended for registration within Australian waters, overseen by the Registrar of Ships at the Australian Maritime Safety Authority. The notice also outlines that objections to the registration can be submitted within a specified period, allowing interested parties to claim any legal proprietary rights they may have in the vessel. Any exclusions or thresholds pertinent to the registration process are not detailed in the provided notice, but the Act may include provisions that are elaborated upon in subordinate instruments or regulations.
Key Provisions
The primary operative section in this notice is section 21(1) of the Shipping Registration Act 1981, which requires the publication of this notice as a formal declaration of intent to apply for the registration of a sailing vessel. The notice must include specific details of the vessel, such as its current and former names, location, dimensions, material of construction, and type. Here, the vessel in question is the 'Prime Factor', a sailing vessel located in Western Australia, constructed from fibreglass, and measuring 12.24 meters in length.
The Act imposes several obligations on the parties intending to register the vessel. The notice must be published, providing a clear statement of intent to apply for registration, and specifying the details of the vessel as required. Additionally, it mandates that any objections to the registration must be submitted to the Registrar of Ships, either in person or by properly prepaid post, within the stipulated thirty-day period from the date of publication. The objections must be accompanied by relevant documents that substantiate any claims of legal proprietary rights over the vessel.
Failure to comply with the provisions of the Act can lead to various legal consequences. While the specific penalties for non-compliance are not detailed in this notice, under the general provisions of the Shipping Registration Act 1981, breaches of the Act can result in both civil and criminal penalties. Civil penalties might include fines or other monetary sanctions, while criminal penalties could encompass imprisonment, depending on the severity and nature of the breach. The exact penalties would be determined in accordance with the relevant sections of the Act and any applicable regulations or case law.