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Shipping Registration Act 1981
In force
Administered by
Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts
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C2010C00156
01 March 2010
-
26 December 2011
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Part I—Preliminary
1 Short title [see Note 1]
2 Commencement [see Note 1]
3 Interpretation
4 Repeal
5 Act to bind the Crown
6 Application of Act
7 Act not to apply to Defence Force ships etc.
8 Australian-owned ships
9 Ships on demise charter to Australian-based operators
10 Determination of overall length and tonnage length of ship
11 Registration of property in ships
11A Application of the Criminal Code
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Part II—Registration of Ships
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Division 1—Registration
12 Obligation to register Australian-owned ships
13 Exemptions from registration
14 Ships permitted to be registered
15 Application for registration
16 Tonnage measurement of ship before registration
17 Foreign-registered ships not registrable under this Act
18 Entry of particulars in Register
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Division 2—Registration certificates
19 Grant of registration certificate
20 Custody of registration certificate
21 New certificates and provisional certificates
22 Provisional certificates for ships becoming entitled to be registered when abroad
22A Provisional certificates granted by the Registrar
22B Provisional registration certificates not to be issued in certain circumstances
23 Temporary passes
25 Use of improper certificate
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Division 3—Identification
26 Marking of ship
27 Name of registered ship and change of name
28 Power of Minister to disallow name proposed for ship
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Division 4—Nationality and national Colours
29 Certain ships to have Australian nationality
30 National colours and other flags
31 Declaration of ship’s nationality before clearance
32 Improperly assuming Australian nationality
33 Concealing Australian nationality
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Part III—Transfers, transmissions and mortgages
34 Interpretation
36 Transfer of ship etc.
37 Transmission of ship etc. by operation of law
37A Delivery of registration certificate on transfer etc.
38 Mortgage of ship etc.
39 Priority of mortgages
40 Mortgage not to change ownership
41 Mortgagee to have power of disposal
42 Transfer of mortgage
43 Transmission of mortgage by operation of law
44 Discharge of mortgage
44A Voluntary closure of Register so far as it relates to a mortgage
45 Powers of disposal by owner
46 Trusts not recognized
47 Equities not excluded
47A Caveat may be lodged forbidding registration of certain instruments
47B Notice of caveat
47C When caveat to lapse
47D No dealing to be registered while caveat in force
47E Compensation for lodging caveat without reasonable cause
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Part IV—Administration
48 Registrar and Deputy Registrars of Ships
49 Functions and powers of Registrar
50 Appointment of Registrar and Deputy Registrars
51 Acting Registrar and Deputy Registrars
52 Delegation by Minister
53 Delegation by Registrar
54 Registration Office
55 Seal of Registration Office and signature of Registrar
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Part V—The Register of Ships
56 Australian Register of Ships
57 Inspection of Register
58 Obsolete or incorrect entries in Register
59 Rectification of Register
60 Correction of clerical errors in Register
61 False entries in Register
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Part VI—Miscellaneous
62 Interpretation
63 Liabilities of ships not registered
64 Registered agent
65 Alterations to ships
66 Ships lost etc. or ceasing to be entitled to be registered
67 Power to inquire into ownership of registered ship
68 Unregistered ships not to leave Australia
69 Unregistered ships not to leave foreign ports
70 Proceedings on forfeiture
71 Detention of ships
72 Taking officers to sea
73 False statements etc.
74 Offences—general
75 Prosecution of offences
76 Joinder of charges and penalties for certain offences
77 Admissibility of documents in evidence
78 Review of certain decisions
79 Preservation of State and Territory legislation
80 References in other laws
81 Jurisdiction of Territory Supreme Courts
82 Appeals
83 Regulations
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Part VII—Transitional provisions
84 Interpretation
85 Additional operation of Part
86 Ships registered in Australia under previous law deemed registered under this Act
87 Transfer of registration from foreign ports of ships entitled to be registered
88 Instruments etc. made under previous law or corresponding foreign law continue in force
89 Applications under previous law
90 Certificates of registry may be recalled
91 Registers kept under previous law in Australia incorporated with Register
92 Verification of particulars—Registers kept under previous law etc.
93 Ships deemed to be registered to cease to be registered if not entitled to be registered
94 Registrar may defer registration etc.
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95 Regulations for transitional purposes
Notes to the STYLEREF ShortT \* MERGEFORMAT Shipping Registration Act 1981