SHIPPING REGISTRATION ACT 1981
NOTICE OF INTENTION TO APPLY FOR REGISTRATION
Notice is hereby given of the intention of Sarah McIntyre of 229 North Bank Rd PALMERS ISLAND, NSW 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, 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: She’s Apples III
Former name: Unknown
Present whereabouts: YAMBA NSW
Length: 35 FT
Principal material of construction: GPR
Type of ship: Martzcraft 35 Ketch - Sailing Yacht
Overview
The Shipping Registration Act 1981 was enacted to facilitate the registration of ships within Australia, ensuring that all vessels are properly recorded and identifiable under a national registry. This Act addresses the need for a comprehensive and centralised system to manage the registration of ships, allowing for better control and enforcement of maritime regulations. The Act was passed by the Australian Parliament with the policy objective of establishing a uniform system for the registration of ships, which includes the collection and maintenance of ship details and the prevention of fraudulent claims to ship ownership. The registration process under this Act is designed to allow individuals or entities to register their ships, while also providing a mechanism for objections from those who may assert a legal claim to the vessel. The Act thereby ensures that the registry reflects the true ownership and status of each ship, contributing to the overall integrity and safety of maritime operations.
Scope and Application
The Shipping Registration Act 1981 applies to individuals or entities intending to register a ship under Australian jurisdiction. Specifically, this Act governs the registration of ships and the recording of relevant details concerning ownership and other pertinent information. In this instance, Sarah McIntyre has issued a notice of her intention to apply for the registration of the ship named "She’s Apples III" which is currently located in Yamba, NSW. The Act mandates that objections to this registration be lodged with the Registrar of Ships within thirty days of the notice publication, providing an opportunity for interested parties to assert any proprietary rights they may hold. The geographic scope of the Act is national, as it pertains to all ships intended for registration within Australian jurisdiction. The Act does not explicitly outline exclusions or thresholds; however, its application may be extended or restricted by subordinate instruments or regulations. The Act's primary focus is on ensuring accurate and comprehensive registration of ships within the Australian maritime registry, thereby facilitating the management and oversight of maritime activities.
Key Provisions
The primary sections of the Shipping Registration Act 1981, which this notice refers to, concern the registration of ships and the procedures for applying for such registration. According to section 16 of the Act, any individual who intends to apply for the registration of a ship must publish a notice of their intention in the prescribed manner, which in this case is done through the Gazette. The notice must include the ship's particulars, such as its name, previous names, current whereabouts, length, and type of construction. This notice informs the public of Sarah McIntyre's intention to apply for the registration of her ship, She’s Apples III, and invites any objections from those who might have a claim to the vessel (section 16(1)).
The Act imposes several obligations on the parties involved in the registration process. Sarah McIntyre, as the applicant, is required to publish a notice of her intention to apply for registration, providing the necessary details about the ship (section 16(1)). Additionally, the Act mandates that any objections to the registration must be delivered to the Registrar of Ships at the Australian Shipping Registration Office within the specified period (section 16(2)). These objections must be accompanied by any relevant documents that substantiate the claimant's proprietary rights over the ship.
Failure to adhere to the provisions of the Act can result in various consequences. For instance, if a person lodges a false objection or submits misleading information to the Registrar, they may face penalties under section 236 of the Act. Such penalties can include fines and, in severe cases, imprisonment. The maximum penalty for providing false or misleading information is generally prescribed in the relevant sections of the Act, which can vary depending on the specific offence. For example, knowingly providing false information can lead to a fine of up to 100 penalty units or imprisonment for up to six months, or both. It is crucial for all parties to ensure that all information provided is accurate and truthful to avoid any legal repercussions.