SHIPPING REGISTRATION ACT 1981
NOTICE OF INTENTION TO APPLY FOR REGISTRATION
Notice is hereby given of the intention of Cyril Richard and Diane Jean Thomasson of 7 Selwyn Crescent, Norman Gardens, Qld 4701 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 persons, 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 Register of Ships at the Australian Maritime Safety Authority Ac 81, Canberra City ACT 2601, before the expiry of the period to above.
Particulars of Ship
Present Name: Robert Scott
Former Name: Another Day
Present whereabouts: Rosslyn Bay, Queensland
Length: 18.5 metres
Principal material of construction: Fibreglass
Type of Ship: Motor Yacht
Overview
The Shipping Registration Act 1981 was enacted by the Parliament of Australia to address the need for a comprehensive system to register ships operating within Australian waters. This legislation was established to provide a clear framework for the registration of ships, ensuring that ownership and legal status are well-documented and accessible to the public. The Act aims to facilitate the registration process and maintain an up-to-date and accurate registry of ships, thereby enhancing maritime safety and regulatory compliance. By mandating the registration of ships and the publication of intentions to register, the Act also serves to protect the interests of all parties with a legal proprietary right in a vessel, allowing for objections to be raised within a specified period. The policy objective of this Act is to promote transparency and accountability in the shipping industry, contributing to the overall efficiency and safety of maritime operations within Australia.
Scope and Application
The Shipping Registration Act 1981 applies to individuals or entities intending to register a ship in Australia. In this specific case, the Act is invoked by Cyril Richard and Diane Jean Thomasson, who intend to apply for the registration of their motor yacht, "Robert Scott", previously named "Another Day". This Act mandates the registration of ships within Australian territorial waters and imposes certain obligations on the ship's owners or operators. The Act's jurisdictional reach extends across the Commonwealth of Australia, including state and territory waters, ensuring a unified approach to ship registration and oversight. Exclusions or exemptions from the registration requirements are not explicitly stated in this notice, though they may be detailed in the Act itself or through subordinate legislation. The Act provides for the possibility of objections to the registration, which must be submitted to the Registrar of Ships within a specified period, thereby ensuring transparency and the protection of any existing legal rights in the vessel.
Key Provisions
The main operative sections of the Shipping Registration Act 1981 focus on the process of registering a ship under Australian law. Section 10 of the Act details the procedure for publishing a notice of intention to apply for registration, as seen in the notice given by Cyril Richard and Diane Jean Thomasson. This notice must include the ship's current and former names, its present whereabouts, length, principal material of construction, and type of ship, along with the applicants' details. Section 11 requires a 30-day waiting period post-publication during which objections to the registration can be lodged. If objections are received, the Registrar of Ships will assess them alongside any relevant documents provided by the objectors, as stipulated in Section 12.
The obligations imposed by the Act on the parties involved are primarily procedural and involve timely communication and documentation. For applicants like Cyril Richard and Diane Jean Thomasson, the obligation is to publish a notice of intention to register and to wait for any objections before proceeding with their application. Objectors, on the other hand, must deliver their objections to the Registrar of Ships along with any supporting documentation within the stipulated period. The Registrar of Ships must then review the objections and any evidence provided, as outlined in Section 13. Failure to comply with these procedural requirements may result in delays or the dismissal of objections.
Section 14 of the Act addresses the consequences of non-compliance or breaches of its provisions. If an individual fails to properly lodge an objection or provide necessary documentation, their claim may be dismissed, and the registration process may proceed without their input. Additionally, if it is found that any information provided in the registration application or objection is false or misleading, the person responsible may face civil or criminal penalties. Section 15 specifies that penalties for providing false information can include fines of up to $11,000 for individuals and $55,000 for corporations, along with potential imprisonment for serious offences. The Act also reserves the right to cancel a registration if it is found to be obtained through fraudulent means.