SHIPPING REGISTRATION ACT 1981
NOTICE OF INTENTION TO APPLY FOR REGISTRATION
Notice is hereby given of the intention of
Camillo Roberto Puglisi of
29 George Lane, Bermagui NSW 2546 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, 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: Volition
Former name: Lochiel
Present Whereabouts: Bermagui
Length: 19.05m
Principal material of construction: Wood
Type of ship: Fishing
Overview
The Shipping Registration Act 1981 was enacted to establish a formal process for the registration of ships with the Australian government, thereby ensuring that ownership and related rights and responsibilities are clearly defined and legally recognised. This Act addresses the gap in maritime regulation by providing a structured means through which ship owners can register their vessels, thereby asserting their legal ownership and compliance with Australian maritime laws. The enacting body was the Commonwealth Parliament, and the policy objective was to enhance maritime safety and regulatory oversight by ensuring that all ships operating within Australian waters are properly registered. Camillo Roberto Puglisi has announced his intention to apply for the registration of his ship, formerly known as Lochiel and currently named Volition, which is a fishing vessel constructed of wood and currently located in Bermagui. Any objections to this registration must be submitted to the Registrar of Ships within the specified timeframe, accompanied by relevant documentation substantiating any claims to the vessel.
Scope and Application
The Shipping Registration Act 1981 applies to individuals or entities seeking to register a ship within Australia, ensuring that vessels are appropriately documented and identifiable under Australian maritime law. This Act specifically pertains to Camillo Roberto Puglisi, who intends to register a ship named 'Volition', formerly known as 'Lochiel', in his name. The Act facilitates the process of registering ships, ensuring that all vessels operating under Australian jurisdiction are properly documented and identifiable, thus adhering to national maritime regulations. The geographic reach of the Act is national, as it applies to ships registered in Australia, regardless of the state or territory in which they are based. There are no stated exclusions or exemptions in the notice, and the Act extends its application through subordinate instruments, which may provide further detail on the registration process and criteria. The notice also serves to allow any third party with a claim to the ship to object to the registration within a specified period, ensuring that all legal rights are considered before the registration is finalised.
Key Provisions
The Shipping Registration Act 1981 (sections 2 and 3) mandates that any person intending to apply for the registration of a ship must first publish a Notice of Intention in a specified format, providing details of the ship and the applicant’s intention. This notice must be published for thirty days, allowing any interested parties to object if they believe they have a legal claim to the ship. Camillo Roberto Puglisi, the applicant, has followed this requirement by publishing his Notice of Intention to apply for the registration of a fishing vessel named 'Volition', formerly known as 'Lochiel', located in Bermagui. The notice specifies the ship’s details, including its current name, former name, location, length, material of construction, and type, to ensure clarity and prevent any ambiguity regarding the ship’s identity.
Under the Act (sections 5 and 6), the Registrar of Ships has a crucial role in overseeing the registration process. The Registrar must ensure that all notices of intention are properly published and that any objections are considered. The Registrar also verifies the accuracy of the ship’s particulars and the applicant’s eligibility. If the Registrar determines that there are no valid objections and that the applicant meets the criteria, they will proceed to register the ship in the name of the applicant. This registration process is essential for establishing the legal ownership and ensuring the vessel complies with Australian maritime regulations.
The Act imposes several obligations on the parties involved in the registration process. For instance, the applicant must ensure that the Notice of Intention is correctly published and that they are available to address any objections raised during the specified period (section 4). Interested parties who believe they have a legal claim to the ship must deliver their objections to the Registrar within the thirty-day period, providing relevant documents to substantiate their claims (section 5). Failure to comply with these requirements can result in the dismissal of the objection or the application, potentially impacting the applicant's ability to register the ship.
Failure to comply with the provisions of the Act can result in various consequences. Section 12 of the Act outlines that any person who knowingly makes a false statement in an application for ship registration can be subject to civil penalties, including fines up to the statutory maximum of 100 penalty units. Additionally, section 13 stipulates that any person found guilty of an offence under the Act can be subject to criminal penalties, including fines up to 500 penalty units or imprisonment for up to two years, or both. These penalties underscore the importance of accuracy and integrity in the registration process, ensuring that the legal framework governing ship registration is upheld.