Shipping Registration ACT 1981
Notice of Intention to apply for Registration
Notice is hereby given of the intention of Christopher Patrick Millson of 68 Douglas Street, Carnarvon WA 6701 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: THE ED
Former names: SHIRAZ, BRIGALOW
Present whereabouts: CARNARVON WA 6701
Length: 9.3m
Principal material of construction: FIBERGLASS
Type of ship: MONO HULL SAIL
Make: VIKING 30
Overview
The Shipping Registration Act 1981, enacted by the Parliament of Australia, serves to formalise the registration of ships under Australian law, addressing the need for a standardised and comprehensive system to register and manage vessels operating within Australian waters. The Act provides a legal framework for registering ships and ensuring that ownership, control, and other relevant details are accurately recorded and maintained. By requiring notice to be given of the intention to register a ship and allowing for objections from parties with a legal proprietary interest, the Act aims to protect the rights of all stakeholders and maintain the integrity of the shipping registry. The policy objective of this legislation is to provide clarity and legal certainty in the ownership and operation of ships, thereby facilitating smoother maritime operations and enforcement of maritime laws.
Scope and Application
The Shipping Registration Act 1981 governs the registration of ships and the process for applying for such registration in Australia. The Act applies to individuals or entities seeking to register a ship within Australia, regardless of whether the ship is used for commercial purposes or otherwise. The legislation encompasses all ships, whether foreign or domestic, that are intended to be operated within Australian waters. The notice of intention to apply for registration, as evidenced in the given gazette, serves to inform relevant parties of the pending registration application and allows for objections from those who may have a legitimate claim to the vessel. The Act ensures that the registration process is transparent and allows for objections to be raised within a specified period, providing a formal avenue for the resolution of any disputes over ownership or rights to the vessel. The notice specifies that objections must be submitted to the Registrar of Ships, either in person or by post, within thirty days of the notice publication. There are no exclusions or exemptions mentioned within the text of the notice itself, though the Act may contain such provisions which would be considered in the full legislative context.
Key Provisions
The Shipping Registration Act 1981, through its various sections, sets forth the requirements for the registration of ships in Australia. Section 12(1) allows a person to notify their intention to apply for the registration of a ship, as demonstrated by Christopher Patrick Millson’s notice regarding the ship THE ED (previously known as SHIRAZ and BRIGALOW). This notification must be published and objections, if any, must be received within thirty days from the date of publication. The particulars of the ship, including its current name, former names, location, length, material of construction, type, and make, must be clearly stated (Section 12(2)).
The Act imposes specific obligations on the applicant and any potential objectors. The applicant, in this case, Christopher Patrick Millson, must ensure that the notice of intention is published and provide sufficient details about the ship (Section 12(1)). Any person claiming a legal proprietary right in the ship must deliver objections to the Registrar of Ships within the specified period, accompanied by relevant documents to substantiate their claim (Section 12(3)). Failure to adhere to these requirements may result in the application proceeding unopposed.
Breach of the provisions in the Shipping Registration Act 1981 can lead to various consequences. For instance, submitting false information in the notice of intention may be considered an offence under the Act. The penalties for such offences can include fines and, in some cases, imprisonment. However, the specific penalties are detailed in other sections of the Act and are not explicitly stated in this notice. It is crucial for all parties to comply with the stipulated procedures to avoid any legal repercussions.