SHIPPING REGISTRATION ACT 1981
NOTICE OF INTENTION TO APPLY FOR REGISTRATION
Notice is hereby given of the intention of
ROB BENN HOLDINGS PTY LTD of Shed 2/22 Beckinsale Street Gladstone Queensland 4680 to apply, after the expiration 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 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, GPO Box 2181, Canberra City ACT 2601, before the expiry of the period referred to above.
Particulars of Ship
Present name: SEA WATCH
Former name: SEA WATCH
Present Whereabouts: GLADSTONE QLD
Length: 13.93m
Principle Material of construction: ALUMINIUM
Type of Ship: PASSENGER SHIP
Overview
The Shipping Registration Act 1981 was enacted to establish a framework for the registration of ships in Australia, thereby ensuring that vessels meet the necessary standards and that ownership and other legal aspects of the ships are transparent and verifiable. The Act addresses the need for a formal system to record and maintain ship particulars, ensuring compliance with maritime laws and regulations. This legislation was introduced by the Parliament of Australia, with the policy objective of enhancing maritime safety and security by maintaining accurate and up-to-date records of ship ownership and details. The Act provides a mechanism for interested parties to object to the registration of a ship if they believe they have a legal claim to it, thereby protecting the rights of all stakeholders involved.
Scope and Application
The Shipping Registration Act 1981 applies to any person or entity intending to register a ship in Australia, and in this instance, it involves ROB BENN HOLDINGS PTY LTD seeking to register their ship, SEA WATCH, which is located in Gladstone, Queensland. The Act facilitates the formal registration of ships, ensuring that ownership and other legal aspects of the vessel are documented and recognised. This Act covers all ships intended for operation within Australian waters, and it applies on a Commonwealth level across the entire nation, ensuring a unified approach to maritime registration. The Act does not specify particular exclusions or thresholds; however, it does require objections to be lodged within a specified timeframe if any party claims a legal proprietary right in respect of the ship. This requirement ensures that all legal claims are considered before the registration is finalised. The application process is further regulated by subordinate instruments which may provide additional details on the registration process and requirements.
Key Provisions
The main operative sections of the Shipping Registration Act 1981, as referenced in the notice of intention to apply for registration, require that any entity intending to register a ship must publish a notice of that intention. This notice must include specific details about the ship and the applicant, allowing a period of thirty days for objections before the registration process can proceed (sections not explicitly mentioned). In this instance, ROB BENN HOLDINGS PTY LTD has published a notice of its intention to apply for the registration of the ship named SEA WATCH, providing details such as the ship's current name, former name, location, length, material of construction, and type. This notice allows any interested parties with a legal claim to the ship to object to the registration within the specified timeframe.
The Act imposes several obligations on parties involved in the registration process. Firstly, it requires the applicant, in this case ROB BENN HOLDINGS PTY LTD, to provide a detailed notice of their intention to register the ship, including precise particulars of the ship. Secondly, it mandates that any objections to the registration must be submitted to the Registrar of Ships within the thirty-day period, supported by relevant documents that substantiate the claim of a legal proprietary right. This ensures transparency and allows for the resolution of any disputes over the ship's ownership before registration is finalised.
Breaching the requirements of the Shipping Registration Act 1981 can lead to various civil and criminal consequences. For instance, failing to provide the required notice or particulars of the ship can be considered an offence under the Act. Additionally, submitting false or misleading information in the notice of intention can result in legal action. While specific penalties are not detailed in the notice itself, the Act generally provides for fines and other penalties for non-compliance, which can vary depending on the severity and nature of the breach. These penalties serve to enforce the Act's provisions and maintain the integrity of the ship registration process.