SHIPPING REGISTRATION ACT 1981
NOTICE OF INTENTION TO APPLY FOR REGISTRATION
Notice is hereby given of the intention of Derek Alan Neve of 6 Royal Terrace, Oamaru, Otago 9400, New Zealand 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: Unicorn 71
Former name: Unicorn
Present whereabouts: Oamaru harbour, Otago, New Zealand
Length: 9.09m
Principal material of construction: Wood. Moulded 5-ply kauri + fiberglass skin
Type of ship: Sloop rigged yacht with round bilge
Overview
The Shipping Registration Act 1981 was enacted to provide a legal framework for the registration of ships within Australia. This Act was introduced to address the need for a comprehensive system to manage and record the details of ships that are intended to operate in Australian waters. The Australian Parliament enacted this legislation to ensure that all ships entering Australian waters are properly documented and regulated, thereby enhancing maritime safety and security. The policy objective of the Act is to facilitate the registration of ships, ensuring that all vessels are identifiable and their owners are known, which contributes to the effective enforcement of maritime laws and regulations. The Act provides a mechanism for individuals, such as Derek Alan Neve, to formally apply for the registration of their ships, allowing for objections from those who claim a legal proprietary right in the ship. This process ensures that any disputes over ownership can be addressed before the ship is officially registered.
Scope and Application
The Shipping Registration Act 1981 governs the registration of ships with Australian interests, applying to any person intending to register a ship under the Act, whether an individual or an entity, with the ship's particulars and intended use falling within its purview. The Act's jurisdictional reach is national, extending across all states and territories of Australia. It ensures that ships of Australian interest are properly registered and regulated. The Act includes provisions for the submission of objections by those who claim a legal proprietary right in respect of the ship, ensuring a transparent and accountable process. Notably, the Act does not specify any exclusions or exemptions, but its application can be extended or restricted through subordinate instruments, such as regulations or guidelines issued by the Australian Maritime Safety Authority. This ensures the Act remains adaptable to changing circumstances and technological advancements in the shipping industry.
Key Provisions
The main operative sections of the Shipping Registration Act 1981 (sections 10 and 11) require the notice of intention to apply for registration to be published, and provide a period during which objections can be made to the registration. Section 10 sets out the requirements for the notice, including the ship's particulars and the address to which objections should be sent, while section 11 specifies the timeframe for objections. According to these sections, Derek Alan Neve has provided the necessary ship particulars and intends to apply for registration of the ship named Unicorn 71 after a 30-day period from the publication of the notice. Any party claiming a legal proprietary right in the ship can object to the registration within this period.
The obligations imposed on the parties by the Act include the requirement for Derek Alan Neve to publish the notice of intention to apply for registration, and for any objectors to deliver their objections, along with relevant documents, to the Registrar of Ships at either the Australian Shipping Registration Office or the Australian Maritime Safety Authority. The objectors must ensure their claims are substantiated with appropriate documentation to verify their proprietary rights in the ship.
The Act also provides for consequences in the event of a breach of its provisions. While the specific offences, penalties, or consequences for breach are not detailed in the provided text, the Act generally allows for legal action to be taken against those who fail to comply with its requirements. In the context of objections to registration, failure to provide substantiated claims within the specified timeframe could result in the objection being dismissed, allowing the registration process to proceed. It is important to note that the maximum penalties for breaches of the Act are not mentioned in the provided text, but they could include fines or other civil or criminal consequences as prescribed by the relevant legislation.