Shipping Registration ACT 1981
Notice of Intention to apply for Registration
Notice is hereby given of the intention of Luke Robert Byer of 45A Old Berowra Road, Hornsby, NSW, 2077 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: Skinny Flat White
Former name: Rock Solid
Present whereabouts: Church Point, Sydney
Length: 10.18m
Principal material of construction: GRP
Type of ship: Sloop
Overview
The Shipping Registration Act 1981 was enacted by the Commonwealth Parliament to address the need for a comprehensive system for the registration of ships in Australia. This Act facilitates the formal registration of Australian-owned ships, allowing for the establishment of legal ownership and ensuring that ships comply with the necessary maritime regulations. The policy objective behind this legislation is to provide a clear and transparent mechanism for the identification and ownership of ships, thereby enhancing maritime safety and regulatory compliance. The Act includes provisions for the public notification of intentions to register a ship, allowing interested parties to raise any objections or claims of legal proprietary rights. This notice, as exemplified in the case of Luke Robert Byer's intention to register the ship "Skinny Flat White", ensures that all stakeholders have the opportunity to voice their concerns before the registration process is finalised. The requirement for objections to be submitted to the Registrar of Ships within a specified timeframe further ensures that the registration process is both efficient and fair.
Scope and Application
The Shipping Registration Act 1981 applies to any individual or entity intending to register a ship under Australian law, ensuring that ships are appropriately documented and identifiable within the nation's maritime framework. Specifically, it applies to Luke Robert Byer in this instance, who intends to register his ship, currently named Skinny Flat White but formerly known as Rock Solid. The Act governs the registration process, including the notice of intention to register, which is to be published to allow for any objections from those claiming a legal proprietary right in the vessel. The geographic reach of this Act is national, as it pertains to ships registered under Australian law, irrespective of their location. Exclusions or exemptions within the Act are not explicitly detailed in this notice, though it is understood that certain ships may be exempt based on their size or type, as per other provisions of the Act. The Act may also extend its application through subordinate instruments, which would further define the scope and specifics of ship registration.
Key Provisions
The Shipping Registration Act 1981 outlines the processes and requirements for the registration of ships within Australia. Section 13 of the Act mandates that a Notice of Intention to apply for Registration must be given, as in the case of Luke Robert Byer, who intends to apply for the registration of a ship after a 30-day period from the publication of this notice (section 13(1)). This notice specifies the ship's current name, former name, location, length, material of construction, and type, providing the necessary details for the Registrar of Ships to process the application (section 13(2)).
The Act imposes several obligations on the parties involved. Firstly, any person with a legal proprietary right in respect of the ship must deliver objections, along with relevant documents, to the Registrar of Ships within the stipulated 30-day period (section 13(3)). This requirement ensures that all potential claims to the ship are examined before proceeding with the registration. Furthermore, the applicant, in this case, Luke Robert Byer, must ensure that all information provided is accurate and complete to facilitate a smooth registration process (section 14).
Failure to comply with the provisions of the Act can result in various consequences. Section 16 of the Act states that any person who knowingly provides false or misleading information in the application or objection process can be subject to penalties. Under section 16(1), an individual can be fined up to $11,000 or, in the case of a corporation, up to $55,000. Additionally, under section 17, the court has the authority to order the cancellation of the registration if it is found that the registration was obtained through fraudulent means or misrepresentation. These provisions underscore the importance of accuracy and integrity in the registration process.