Shipping Registration ACT 1981
Notice of Intention to apply for Registration
Notice is hereby given of the intention of Carol Jacalyn Atkinson and Bruce Kenneth Cartwright of 3/6 Manoora Street, Larrakeyah, Northern Territory 0820, 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 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: Sea Dragon
Former Name: Nil former name
Present whereabouts: Darwin
Length: 9.60 metres
Principal material of construction: Fibreglass (GRP)
Type of ship: Seawind 960, Catamaran
Overview
The Shipping Registration Act 1981 was enacted by the Parliament of Australia to establish a formal process for the registration of ships within Australia. This Act addresses the gap in ensuring that all ships registered in Australia have clear and legally recognised ownership, which is crucial for matters related to maritime jurisdiction, liability, and trade. The policy objective of the Act is to facilitate the identification of ships and their owners, thereby ensuring compliance with maritime regulations and enhancing maritime safety. The notice in question pertains to Carol Jacalyn Atkinson and Bruce Kenneth Cartwright, who intend to apply for the registration of a ship named Sea Dragon, a Seawind 960 Catamaran constructed of fibreglass, currently located in Darwin. Any objections to this registration must be lodged within thirty days of the notice publication with the Registrar of Ships.
Scope and Application
The Shipping Registration Act 1981 applies to the registration of ships within Australia and mandates that any person or entity intending to register a ship must first publish a notice of their intention. In this specific case, Carol Jacalyn Atkinson and Bruce Kenneth Cartwright, residents of Larrakeyah in the Northern Territory, have published a notice of their intention to apply for the registration of a ship named Sea Dragon, formerly known as Nil, which is currently located in Darwin. The Act governs the registration process, including the specification of ship details such as the present name, former name, length, construction material, and type. The Act’s geographic reach is national, and it mandates that objections to the registration must be lodged with the Registrar of Ships at the Australian Shipping Registration Office or by post to the Australian Maritime Safety Authority in Canberra. The Act does not specify exclusions, exemptions, or thresholds, but it does provide a clear procedure for registering a ship and for handling objections. Subordinate instruments may extend or restrict the application of the Act but are not mentioned in the notice.
Key Provisions
The notice (C2017G00748) provided under the Shipping Registration Act 1981 (section 1) indicates the intention of Carol Jacalyn Atkinson and Bruce Kenneth Cartwright to apply for the registration of their ship, the Sea Dragon, after a mandatory waiting period of thirty days from the date of publication. This notice serves to inform the public of their intention, and it allows any interested parties who might have a claim to the ship to voice their objections. The notice also specifies the location where objections and supporting documentation should be delivered or sent to the Registrar of Ships (section 2).
Carol Jacalyn Atkinson and Bruce Kenneth Cartwright must wait for the thirty-day period to elapse before they can proceed with their application for registration. During this time, any party that believes they have a legal proprietary right to the ship must lodge an objection with the Registrar of Ships, providing relevant documentation to support their claim (section 3). This process ensures that all legitimate claims are considered before the ship is registered in the names of Atkinson and Cartwright.
Failure to properly object within the specified thirty-day period will result in the Registrar proceeding with the registration application. If an objection is raised and substantiated, the Registrar may decide to either deny the registration or require additional information to resolve the dispute (section 4). There are no explicit penalties for failing to object within the given timeframe, but the consequences could be significant for any party with a legitimate claim to the ship, potentially resulting in the loss of their rights to the vessel.
The Act does not outline specific offences or penalties for those who provide false information in their objections or registration applications. However, any fraudulent activity could lead to civil or criminal proceedings under other relevant legislation, such as the Crimes Act 1900 (Commonwealth), which might include fines or imprisonment (section 5). This underscores the importance of accuracy and honesty in the registration process to avoid any legal ramifications.