SHIPPING REGISTRATION ACT 1981
NOTICE OF INTENTION TO APPLY FOR REGISTRATION
Notice is hereby given of the intention of
Marcus John McKay............................................................................. of
1B Heathorn Avenue, Sandy Bay, Tasmania 7005...............................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 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, Level 3, 82 Northbourne Avenue, Braddon, ACT 2612 or 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: She’s Apples II
Former name: She’s Apples II
Present whereabouts: Hobart, Tasmania
Length: 12.73 metres
Principal material of construction: Moulded GRP
Type of ship: Yacht
Overview
The Shipping Registration Act 1981 was enacted by the Commonwealth Parliament to establish a system for the registration of ships in Australia, addressing the need for a clear and consistent framework for the identification and ownership of vessels. The Act facilitates the regulation of shipping by ensuring that ships are properly documented and identifiable, which supports maritime safety and enforcement activities. The policy objective is to provide a formal means for individuals and entities to register their ships, thereby securing their proprietary rights and enabling the Australian Government to maintain an accurate registry of vessels operating within Australian waters. This legislative measure aims to ensure that all vessels are appropriately identified, thereby enhancing maritime safety and supporting the enforcement of maritime laws.
Under the Act, a notice of intention to apply for registration must be published, allowing interested parties to object if they believe they have a legal proprietary right in the ship. This process ensures that the registration process is transparent and allows for the resolution of any disputes regarding the ownership of a vessel before it is entered into the Australian Register of Ships. The notice also specifies where objections should be sent, providing a clear procedure for interested parties to assert their claims. The Act thereby aims to protect the interests of all stakeholders involved in the maritime industry, ensuring that ownership and registration processes are conducted fairly and in accordance with the law.
Scope and Application
The Shipping Registration Act 1981 applies to any person or entity intending to register a ship in Australia. In this case, Marcus John McKay of Sandy Bay, Tasmania, has notified his intention to register a yacht named She's Apples II, which is currently located in Hobart, Tasmania. The Act's jurisdiction spans across the Commonwealth of Australia, and its application extends to any person who wishes to register a ship, irrespective of their geographical location within the country. The Act provides for objections to be raised by any person who claims a legal proprietary right in the ship. However, the notice does not specify any exclusions, exemptions, or thresholds, and it is understood that subordinate instruments may extend or restrict the application of the Act. The primary focus of the Act is to provide a framework for the registration of ships and the management of ship-related legal rights and obligations.
Key Provisions
The main operative sections of the Shipping Registration Act 1981 (sections 10 and 11) require a notice of intention to be published if someone wishes to apply for the registration of a ship. Specifically, section 10 mandates that a notice must be given, detailing the ship's particulars and the applicant's intention to apply for registration. Section 11 outlines the procedure for lodging this notice, including the thirty-day period within which objections can be raised. The notice specifies the ship's current name, former name, location, length, material of construction, and type. It also provides the contact details for the Registrar of Ships, where objections and relevant documents must be submitted.
The Act imposes certain obligations on the parties involved. The applicant, in this case Marcus John McKay, must publish a notice of intention to apply for registration, as per section 10. This notice must include the ship’s particulars and the applicant's address. Any person who believes they have a legal proprietary right to the ship must deliver objections, along with any supporting documents, to the Registrar of Ships within the specified thirty-day period. This requirement ensures that all legitimate claims to the ship are considered before registration is finalised.
Failure to comply with the provisions of the Act can result in various consequences. While the Act does not specify detailed penalties for non-compliance, it is clear that objections must be lodged within the specified timeframe to be valid. If an objection is not raised within this period, the Registrar of Ships may proceed with the registration application. Additionally, any fraudulent or misleading information provided in the notice of intention could potentially lead to further legal consequences, although the Act itself does not explicitly detail these. The overall aim of the Act is to ensure that all claims and objections are properly considered, thereby maintaining the integrity of the ship registration process.