Shipping Registration ACT 1981
Notice of Intention to apply for Registration
Particulars of Ship
Present name: Rumba
Former name: Rumba
Present whereabouts: Marmong Point Marnine
Length: 11.58m
Principal material of construction: Steel
Type of ship: 38ft Robinson Design Steel Yacht
Notice is hereby given of the intention of Gregory Thomas Emanual Burgess of 98 O’dells Rd Warrell Creek N.S.W 2447 Australia 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.
Overview
The Shipping Registration Act 1981 was enacted to address the need for a structured and formal process for the registration of ships within Australia, ensuring that there is a clear and accessible record of ship ownership and relevant particulars. This Act was passed by the Parliament of Australia with the policy objective of enhancing maritime safety, facilitating the identification of vessels, and providing a transparent system for the management of ship registrations. The Act provides a legal framework for individuals or entities to register their ships, thereby ensuring that all vessels operating within Australian waters are properly documented and accountable. By mandating the registration of ships and establishing a procedure for the notification of intent to register, the Act aims to prevent maritime disputes and ensure that all parties have clear and verifiable information regarding ship ownership.
Scope and Application
The Shipping Registration Act 1981 applies to any person or entity intending to register a ship in Australia, encompassing both domestic and international vessels. The Act provides a framework for the registration of ships, detailing the information required for the registration process, and establishes the procedures for registering ships within Australian jurisdiction. The Act applies to individuals and companies alike, covering the registration of various types of ships, including commercial and recreational vessels, and mandates that any person with a legal proprietary interest in a ship may object to its registration. Geographically, the Act operates under the Commonwealth of Australia, with the Registrar of Ships based in Canberra, and extends its application to any ship intended for operation within Australian waters. The Act does not specify any exclusions or exemptions, but it does provide for the registration process to be extended or restricted through subordinate instruments, which may include regulations or guidelines issued by the Australian Maritime Safety Authority. The notice provided here, for example, details the intention to register a specific ship and invites objections to the registration within a specified period.
Key Provisions
The Shipping Registration Act 1981 (s 1) provides a framework for the registration of ships within Australia, facilitating the legal ownership and operation of vessels within Australian waters. The notice of intention to apply for registration, as per section 14(1), is a crucial step in this process. It allows an individual, in this case Gregory Thomas Emanual Burgess, to declare their intent to register a specific ship, the "Rumba", with the Australian authorities. The notice, published in the Gazette (C2017G00145), must include the ship's present name, any former names, its current location, dimensions, and the principal material of construction, as well as the type of ship (s 15).
Under this Act, the obligations imposed on the prospective registrant include providing accurate and detailed information about the ship to be registered. This ensures that the Registrar of Ships can verify the vessel's identity and the registrant's claim to it. Furthermore, section 16 requires any person with a legal proprietary interest in the ship to have the opportunity to object to the registration if they believe the registrant does not have the right to register the ship. This is achieved by submitting objections, along with supporting documents, to the Registrar of Ships within the specified period (s 16(2)).
Failure to comply with the requirements of the Shipping Registration Act 1981 can lead to significant consequences. Section 65 outlines that any person who knowingly makes a false statement in an application for registration commits an offence. The penalty for this offence can be a fine of up to 100 penalty units or imprisonment for up to two years, or both, as stipulated in section 65(1). Additionally, any person lodging a false objection can also face similar penalties (s 65(2)). These provisions underscore the importance of accuracy and truthfulness in the registration process, ensuring that the ship registry accurately reflects the legal ownership of vessels within Australian waters.