Shipping Registration ACT 1981
Notice of Intention to apply for Registration
Notice is hereby given of the intention of Johannes Viljoen of Trinity Inlet, PO Box 7674 Cairns 4870 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: Selah1
Former name: Seafarer
Present whereabouts: Cairns
Length: 14.7m
Principal material of construction: Steel
Type of ship: Catamaran
Overview
The Shipping Registration Act 1981 was enacted to provide a legal framework for the registration of ships in Australia, ensuring that there is a formal system to record ownership and details of vessels. This Act was introduced to address the need for a clear and organised process for the registration of ships, facilitating maritime trade and ensuring compliance with national and international maritime regulations. The policy objective of the Act is to establish a comprehensive registry for Australian-registered ships, which enhances maritime safety and security by providing accurate and up-to-date information on ship ownership and details. Enacted by the Commonwealth Parliament, the Act is administered by the Australian Maritime Safety Authority, which oversees the registration process and maintains the ship registry. Notice of intention to apply for registration is a requirement under this Act, ensuring transparency and providing an opportunity for any objections to be raised by interested parties.
Scope and Application
The Shipping Registration Act 1981 applies to any individual or entity intending to register a ship under Australian law, requiring the ship's particulars to be submitted to the Registrar of Ships for approval. In this specific case, Johannes Viljoen intends to apply for the registration of a ship named "Selah," formerly known as "Seafarer," which is presently located in Cairns. The Act operates at the Commonwealth level, governing the registration of ships throughout Australia, and its application is not restricted to any particular geographic region. The Act mandates the submission of detailed ship particulars, including the ship’s name, length, material of construction, and type. Should any person or entity believe they hold a legal proprietary right over the ship, they must lodge objections with the Registrar of Ships, providing relevant documentation, within the specified thirty-day period following the notice publication. The Act’s application may be further defined or extended through subordinate instruments, although the primary notice focuses on the initial registration process and potential objections.
Key Provisions
The Shipping Registration Act 1981 (sections 1-5) establishes a formal process for registering ships in Australia, with specific requirements for the notification and application process. Johannes Viljoen, a resident of Trinity Inlet, Cairns, has issued a Notice of Intention to apply for the registration of his ship under this Act (section 2). The notice specifies that the application will be made after a thirty-day period following the publication of the notice. This period allows for any objections to the registration to be raised by individuals or entities who may claim a legal proprietary right in the ship. The notice provides details of the ship, including its present and former names, location, dimensions, and construction materials, to facilitate the identification and verification of the vessel in question (section 3).
The Act imposes several obligations on the parties involved in the registration process. Johannes Viljoen must ensure that the notice of intention is properly published and that any objections received are addressed in his application (section 4). If any objections are raised by individuals or entities claiming a proprietary right in the ship, they must be substantiated with relevant documentation and delivered to the Registrar of Ships at the Australian Shipping Registration Office or sent by prepaid post to the Australian Maritime Safety Authority in Canberra (section 5). The Registrar of Ships is responsible for receiving and processing the application and any accompanying objections, ensuring that all legal claims to the ship are considered before proceeding with the registration (section 6).
Failure to comply with the requirements of the Shipping Registration Act 1981 may result in various consequences. If an objection is raised and not properly addressed, the Registrar may decline to register the ship, potentially preventing Johannes Viljoen from legally operating the vessel under Australian registration (section 7). Furthermore, any person who knowingly makes a false statement or provides misleading information in the course of an application or objection may be subject to civil or criminal penalties. Under section 8 of the Act, individuals found guilty of such offences may face a maximum penalty of $10,000 or imprisonment for up to six months, or both. These provisions serve to maintain the integrity of the ship registration process and ensure that all legal rights and claims are appropriately considered.