8/8/18
SHIPPING REGISTRATION ACT 1981
NOTICE OF INTENTION TO APPLY FOR REGISTRATION
Notice is hereby given of the intention of
.Ross Duncan................................................................................................ of ......35 Cowles Road, Mosman....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, 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: Starship
Former name: Starship
Present whereabouts: Pittwater NSW
Length: 12 metres
Principal material of construction: Fibreglass
Type of ship: Sailing Vessel – Pearson 39
Overview
The Shipping Registration Act 1981 was enacted to formalise the process of registering ships within Australia, addressing the need for a systematic and legal framework for the documentation and regulation of ships operating under Australian jurisdiction. This Act ensures that ships are properly registered, which aids in the enforcement of maritime laws and the protection of rights and interests of stakeholders. The enacting body for this Act is the Parliament of Australia, with the policy objective being to provide a comprehensive regime for the registration of ships and to protect the interests of all parties involved. The notice provided here is a preliminary step in the registration process, allowing interested parties to object to the registration if they have a legal claim to the ship in question, thus ensuring that the registration process is transparent and fair.
Scope and Application
The Shipping Registration Act 1981 applies to individuals or entities intending to register a ship in Australia. The Act pertains to the registration of ships, ensuring that all ships operating within Australian waters are properly documented and that ownership and other legal rights are accurately recorded. This particular notice of intention to register is given by Ross Duncan, a resident of Mosman, New South Wales, who intends to register the ship named "Starship," currently located in Pittwater, NSW. The notice specifies that objections to this registration can be made by any party claiming a legal proprietary right in the ship, with these objections needing to be substantiated with relevant documents and submitted to the Registrar of Ships within the stipulated thirty-day period. The geographic reach of the Act is national, with registration managed at a federal level by the Australian Maritime Safety Authority. The Act does not specify any exclusions or exemptions, nor does it mention thresholds that would affect eligibility for registration. Any further details or specifications regarding the application process or conditions for registration may be found in subordinate instruments or regulations associated with the Act.
Key Provisions
The Shipping Registration Act 1981 outlines the requirements for the registration of ships in Australia. Section 9(1) of the Act mandates the giving of a Notice of Intention to Apply for Registration (Section 8/8/18), which must be published in the Gazette. This notice, as provided, must include the applicant's intention to apply for the registration of a ship, along with detailed particulars of the ship such as its present name, former name, present whereabouts, length, principal material of construction, and type of ship. In this case, the ship in question is named 'Starship', a sailing vessel constructed from fibreglass, measuring 12 metres in length, and currently located in Pittwater, NSW.
The Act imposes several obligations on the parties involved. The applicant must ensure that the notice is published in the Gazette and must provide all necessary details of the ship to the Registrar of Ships. Any person who claims a legal proprietary right in respect of the ship can object to the registration by submitting their objections and relevant documents to the Registrar of Ships at either the Australian Shipping Registration Office in Braddon, ACT, or at the Australian Maritime Safety Authority in Canberra City, ACT, within the stipulated thirty-day period from the date of the notice's publication (Section 8/8/18). This provides a mechanism for any third parties with a legitimate interest in the ship to be heard before the registration is finalised.
Failure to comply with the requirements of the Shipping Registration Act 1981 can result in various civil and criminal consequences. While the specific offences and penalties are not detailed in the notice itself, the Act generally provides for penalties for non-compliance with registration requirements, which can include fines or imprisonment. The maximum penalties can vary depending on the specific breach and are outlined in the Act itself. It is crucial for all parties to adhere to the provisions to avoid any potential legal ramifications.