SHIPPING REGISTRATION ACT 1981
NOTICE OF INTENTION TO APPLY FOR REGISTRATION
Notice is hereby given of the intention of
Kristopher Paul Fothergill of 2/2073 Gold Coast Hwy, Miami, Qld, 4220 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: Torea
Former name: Torea
Present whereabouts: Southport, Queensland, Ausralia
Length: 15.54m
Principal material of construction: Fibreglass
Type of ship: Sailing Yacht (mono hull)
Overview
The Shipping Registration Act 1981 was enacted by the Parliament of Australia to address the need for a comprehensive and accessible system for the registration of ships. This Act was introduced to create a clear legal framework that ensures ships operating within Australian waters are properly registered and identifiable, which aids in the enforcement of maritime laws and the protection of maritime interests. The policy objective of the Act is to establish a reliable method for recording ship particulars, which ultimately contributes to the safety, security, and efficient management of maritime activities. The Act requires ship owners to submit details of their vessels for registration, allowing the Registrar of Ships to maintain an updated and accurate database of registered ships. The notice of intention to apply for registration, as demonstrated in the provided gazette, serves to inform the public and relevant authorities of the owner's intent to register a ship, thus facilitating transparency and providing an opportunity for interested parties to raise objections based on legal claims.
Scope and Application
The Shipping Registration Act 1981 pertains to the registration of ships within Australia, and the notice provided outlines the intention of Kristopher Paul Fothergill to apply for the registration of a specific ship under this Act. This Act applies to individuals, such as Kristopher Paul Fothergill, and entities intending to register their ships with the Australian government. It encompasses ships, their particulars, and the legal proprietary rights associated with them. The Act's jurisdictional reach is national, operating throughout Australia, including both state and territory waters. The application process involves public notice and allows for objections from any party with a legal claim to the ship within a specified thirty-day period. The Act also specifies that the registration must be conducted through the Registrar of Ships at designated offices in Braddon, ACT, or at the Australian Maritime Safety Authority in Canberra City, ACT. There are no stated exclusions or exemptions within the notice, though the Act itself may include provisions that could exclude certain types of vessels or operations. The Act’s scope can be extended or restricted through subordinate instruments, allowing for detailed regulations and guidelines to be established for the registration process.
Key Provisions
The key provisions of the Shipping Registration Act 1981, as evidenced in the Notice of Intention to Apply for Registration (sections 1-4), require that a person intending to register a ship under the Act must provide a public notice of their intention. This notice must include the particulars of the ship, such as its name, previous names, current location, length, material of construction, and type (sections 2 and 3). The notice also mandates that objections to the registration must be submitted by any person who claims to have a legal proprietary right in the ship, along with any supporting documents, within thirty days of the notice's publication (section 4). This ensures transparency and allows for any legal challenges to be addressed before the registration process is completed.
The Act imposes several obligations on the parties involved in the registration of a ship. The applicant, in this case Kristopher Paul Fothergill, must provide accurate and detailed information about the ship in question (section 1). Furthermore, any person with a legal claim to the ship must submit their objections to the Registrar of Ships within the specified timeframe (section 4). The Registrar of Ships, on the other hand, has the responsibility of receiving and reviewing these objections, ensuring that the registration process is fair and lawful (section 4).
Breaching the provisions of the Shipping Registration Act 1981 can lead to civil and criminal consequences. Although specific offences, penalties, or maximum penalties are not detailed in the Notice of Intention to Apply for Registration, the Act generally provides for enforcement mechanisms. Under section 32 of the Act, a person who knowingly makes a false statement in a notice of intention to apply for registration can be liable to a penalty. This penalty can include fines or, in more serious cases, imprisonment, depending on the severity of the breach. The Act also allows for the court to order the removal of a ship from the register if it is found that the registration was obtained by fraudulent means or under false pretences. Such legal actions ensure that the integrity of the registration process is maintained and that rightful claims are not overlooked.