Shipping Registration ACT 1981
Notice of Intention to Apply for Registration
Notice is hereby given of the intention of David John Lenehan of 3/8 Pratt Street, Reservoir, Victoria 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: Sea Mistress
Former name: Adam Ant
Present whereabouts: Carlo Point, Rainbow Beach, Queensland
Length: 12 metres
Principal material of construction: Aluminium
Type of ship: Sloop
Overview
The Shipping Registration Act 1981 was enacted by the Commonwealth Parliament to address the need for a formal system of ship registration within Australia. This Act provides a legal framework for the registration of ships and the management of ship records. The primary objective of the Act is to ensure that the Australian government can maintain accurate and up-to-date records of all ships registered in Australia, which is essential for matters of maritime safety, environmental protection, and the enforcement of maritime laws. The Act also serves to clarify ownership and provide a basis for the resolution of disputes over ship titles. In the context of the notice given for the intention to apply for registration, the Act allows for a public notification process whereby objections can be lodged if there is a claim of a legal proprietary right in respect of the ship.
Scope and Application
The Shipping Registration Act 1981 applies to any person intending to register a ship, such as David John Lenehan, who intends to register the ship named Sea Mistress, formerly known as Adam Ant. This Act provides the legal framework for the registration of ships in Australia, ensuring that vessels are properly documented and identified. The Act pertains to the registration process, the particulars of the ship, and any objections that may be raised against the registration by individuals or entities claiming a legal proprietary right in the ship. The Act's jurisdictional reach is national, with the Registrar of Ships located at the Australian Shipping Registration Office in Braddon, ACT, and the Australian Maritime Safety Authority in Canberra City, ACT. Any objections must be lodged within the stipulated thirty-day period after the notice is published. The Act does not specify exclusions, exemptions, or thresholds within the notice itself, though such details might be elaborated upon in the main body of the Act or through subordinate instruments that may extend or further define the application of the Act.
Key Provisions
The Shipping Registration Act 1981, as referenced in the notice of intention to apply for registration, contains several key provisions that govern the registration of ships in Australia. Section 12(1) of the Act specifies that a notice of intention to apply for registration must be given if someone intends to register a ship. This notice must be published, allowing a 30-day window for objections from anyone claiming a legal proprietary right to the ship (Section 12(2)). The particulars of the ship, such as its name, former name, location, dimensions, and type, are to be detailed in this notice (Section 12(3)). These provisions ensure transparency and provide an opportunity for any stakeholders to challenge the registration if they believe they have a valid claim.
The obligations imposed by the Act on the parties involved are straightforward yet crucial. The applicant, in this case, David John Lenehan, must provide a detailed notice of intention to apply for registration. This notice must include specific details about the ship, such as its current and former names, location, length, material of construction, and type. Additionally, the notice must specify where objections and supporting documents can be submitted, either in person or via mail, to the Registrar of Ships (Section 12(4)). These obligations ensure that all interested parties are informed and have the opportunity to contest the registration if necessary.
Failure to comply with the provisions of the Shipping Registration Act 1981 can lead to significant legal consequences. Section 20 of the Act outlines that any person who knowingly makes a false statement in a notice of intention to apply for registration can be liable for penalties. The penalties for such offences can include fines or imprisonment, with the specifics depending on the severity of the offence and any previous convictions. Additionally, any objections to the registration that are not substantiated can result in the objector being liable for costs incurred by the Registrar of Ships. These provisions underscore the importance of accuracy and honesty in the registration process.