SHIPPING REGISTRATION ACT 1981
NOTICE OF INTENTION TO APPLY FOR REGISTRATION
Notice is hereby given of the intention of
(full name)
Frank Howard Victor HUBBARD and Karen Joy Hubbard. ....................
of (address)
Unit 27/55 Moran Court, Beaconsfield 6162, Western Australia. .................................................................................................. 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 above mentioned 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: Taworri I
Former name: The Grail
Present whereabouts: Moreton Bay Trailer Boat Club, Manly, Queensland, Australia
Length: 12.0 Metres
Principal material of construction: Fibreglass (GRP)
Type of ship: Pleasure Boat.
Overview
The Shipping Registration Act 1981 was enacted to provide for the registration of Australian ships and to establish a comprehensive register of Australian ships. The Act was introduced to address the need for a formal system of ship registration, ensuring that ownership and other proprietary rights in ships are clearly documented and enforceable. The enacting body was the Australian Parliament, with the Act serving to formalise and streamline the process of ship registration. The policy objective underlying the Act is to facilitate the identification of Australian ships, thereby protecting the interests of owners and other stakeholders by providing a clear and accessible record of ship ownership and related rights. This notice of intention to apply for registration under the Act follows the prescribed procedure, providing interested parties with an opportunity to raise any objections based on proprietary claims before the registration is finalised.
Scope and Application
The Shipping Registration Act 1981 applies to individuals or entities intending to register a ship in Australia, providing a formal procedure for the registration of ships under Australian law. This Act is applicable to any person or entity that wishes to register a ship, including private individuals and corporate entities. The geographic scope of the Act extends to Commonwealth waters, meaning it applies to ships intended to operate within Australian jurisdiction, regardless of their construction or intended operational location. However, the Act does not specify any exclusions, exemptions, or thresholds that would categorically exclude certain ships or entities from its purview. The registration process is initiated by a notice of intention to apply, as exemplified in the case of Frank Howard Victor Hubbard and Karen Joy Hubbard, who intend to register their ship "Taworri I" (formerly "The Grail"), a pleasure boat constructed from fibreglass and located in Moreton Bay Trailer Boat Club, Manly, Queensland. The Act allows for objections to the registration by any person claiming a legal proprietary right in the ship, which must be lodged with the Registrar of Ships within thirty days of the notice publication. The application of the Act can be extended or refined through subordinate instruments, which may provide additional detail or procedural requirements for the registration process.
Key Provisions
The primary operative sections of the Shipping Registration Act 1981, particularly as applied to the notice of intention to register a ship, involve notifying the relevant authorities of the intention to register a ship and providing specific details about the ship (Sections 1-5). According to the notice, Frank Howard Victor Hubbard and Karen Joy Hubbard intend to apply for registration of the ship "Taworri I" after a 30-day period from the date of publication of this notice. The notice specifies the ship's particulars, including its current name, former name, location, length, construction material, and type.
The Act imposes certain obligations and requirements on the parties seeking to register a ship. These include providing accurate and complete information about the ship, allowing a 30-day window for objections from any party claiming a legal proprietary right in the ship, and submitting relevant documents to verify such claims to the Registrar of Ships. The Hubbards must ensure that the notice is published and that all specified details are correct and comprehensive to avoid any disputes or legal complications.
Breach of the requirements under the Shipping Registration Act 1981 may lead to legal consequences. While specific offences and penalties are not detailed in the notice, generally, failure to comply with the registration process or providing false information can result in civil or criminal penalties. Civil penalties might include fines or other monetary sanctions, while criminal penalties could involve imprisonment or substantial fines, depending on the severity of the breach and any subsequent court rulings. The maximum penalties would be determined based on the specific nature of the breach and applicable legal provisions at the time of adjudication.