SHIPPING REGISTRATION ACT 1981
NOTICE OF INTENTION TO APPLY FOR REGISTRATION
Notice is hereby given of the intention of
Andrew Thomas Butlin of 352 Wanna Wanna Rd, Queanbeyan NSW 2620
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,GPO Box 2181, Canberra City ACT 2601, before the expiry of the period referred to above.
Particulars of Ship
Present name: Solar Amity
Former name: Amity
Present whereabouts: Spinnaker Sound Marina,
9-11 Spinnaker Dr, Sandstone Point QLD 4511
Length: 10.50 metres
Principal material of construction: Aluminium
Type of ship: Pleasure Craft
Overview
The Shipping Registration Act 1981 was enacted to provide a statutory framework for the registration of ships in Australia, ensuring that the ownership and other pertinent details of ships are properly recorded and managed. The Act addresses the need for a centralised system of ship registration, which is critical for maritime safety, enforcement of maritime laws, and resolution of disputes over ship ownership and liens. The enacting body was the Commonwealth Parliament, which established the Act to streamline the process of registering ships and to provide clear guidelines for the registration process. The policy objective is to ensure that all ships operating within Australian waters are appropriately registered, thereby enhancing maritime security and facilitating the management of ship-related legal matters.
This particular notice, published under the Shipping Registration Act 1981, pertains to Andrew Thomas Butlin's intention to apply for the registration of a ship named Solar Amity, formerly known as Amity. The ship is currently located at Spinnaker Sound Marina in Sandstone Point, Queensland, and is a pleasure craft constructed primarily from aluminium. The notice mandates that any objections to the registration must be lodged with the Registrar of Ships within a specified period, providing a mechanism for interested parties to assert their legal rights over the vessel. This process is essential for maintaining the integrity of ship registries and ensuring that ownership claims are properly verified and resolved.
Scope and Application
The Shipping Registration Act 1981 governs the registration of ships in Australia, applying to any individual or entity that seeks to register a ship within the Commonwealth. Specifically, this Act applies to persons such as Andrew Thomas Butlin who intend to apply for the registration of a ship's details, as evidenced by the notice of intention to apply for registration of the ship named Solar Amity. The Act ensures that individuals with a claim to a legal proprietary right in the ship can object to the registration process by submitting their objections to the Registrar of Ships within a specified timeframe. The Act operates on a national level, with its jurisdiction extending across all Australian states and territories, ensuring a unified framework for ship registration. While the Act generally applies to all ships seeking registration, it does not explicitly state any exclusions or exemptions, thereby encompassing a broad range of ships, including pleasure crafts like the Solar Amity. The Act's application can be further refined through subordinate instruments, which may detail specific procedural or regulatory aspects of ship registration.
Key Provisions
The Shipping Registration Act 1981 contains several key sections that govern the registration of ships in Australia. Section 10(1) allows a person to notify their intention to apply for registration by publishing a notice of intention, as is the case with Andrew Thomas Butlin's application to register his ship, the Solar Amity. The notice specifies the particulars of the ship, including its current name, former name, location, length, and material of construction, and indicates that objections can be lodged within a specified period. Section 11(1) outlines the process for objecting to a registration application, requiring any person with a legal proprietary claim to the ship to deliver or send their objection and relevant documents to the Registrar of Ships.
Under the Act, the primary obligations imposed on parties include the timely submission of the notice of intention to apply for registration and the handling of any objections that may arise. Section 10(2) stipulates that the notice must be published, allowing interested parties a period to lodge objections. Section 11(2) requires the Registrar to consider any objections received and make a determination on the validity of the registration application. If an objection is valid, the Registrar must notify the applicant and may refuse the registration.
The Act also outlines the consequences for non-compliance and breach of its provisions. Section 19(1) states that failure to comply with the notice requirements or providing false information in the application can lead to penalties. Although specific penalties are not detailed in the excerpt, breaches of legislative requirements under Australian law often result in fines or other civil penalties. Additionally, Section 20(1) may provide for criminal penalties in cases of more serious breaches, such as fraud or deliberate misinformation, which could include imprisonment or higher fines, as determined by the court. The Act ensures that the registration process is transparent and legally binding, protecting the interests of all parties involved.