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Shipping Registration Amendment Act 1984

Act No. 16 of 1984 as made
An Act to amend the Shipping Registration Act 1981, and for related purposes
Administered by: Infrastructure and Regional Development
Date of Assent 26 Apr 1984
Date of repeal 10 Dec 2015
Repealed by Amending Acts 1980 to 1989 Repeal Act 2015
 

SHIPPING REGISTRATION AMENDMENT ACT 1984 No. 16, 1984

SHIPPING REGISTRATION AMENDMENT ACT 1984 No. 16, 1984 - TABLE OF PROVISIONS


TABLE OF PROVISIONS

Section
1. Short title, &c.
2. Commencement
3. Interpretation
4. Ships on demise charter to Australian-based operators
5. Determination of overall length and tonnage length of ship
6. Exemptions from registration
7. New certificates and provisional certificates
8. Insertion of new sections-
22A. Provisional certificates granted by the Registrar
22B. Provisional registration certificates not to be issued in
certain circumstances
9. Repeal of section 24
10. Marking of ship
11. Repeal of section 35
12. Transfer of ship, &c.
13. Transmission of ship, &c., by operation of law
14. Insertion of new section-
37A. Endorsement of registration certificates
15. Mortgagee to have power of disposal
16. Transfer of mortgage
17. Repeal of sections 43 and 44 and substitution of new sections-
43. Transmission of mortgage by operation of law
44. Discharge of mortgage
18. Insertion of new sections-
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
19. Obsolete or incorrect entries in Register
20. Registered agent
21. Alterations to ships
22. Ships lost, &c., or ceasing to be entitled to be registered
23. Offences-general
24. Review of certain decisions
25. Jurisdiction of Territory Supreme Courts
26. Appeals
27. Verification of particulars-Registers kept under previous law, &c.
28. Transitional
29. Insertion of new section-
94A. Application of section 11 of the Admiralty Court Act 1861

SHIPPING REGISTRATION AMENDMENT ACT 1984 No. 16, 1984 - SECT. 1.
Short title.

An Act to amend the Shipping Registration Act 1981, and for related purposes

(Assented to 26 April 1984)
Short title, &c.

1. (1) This Act may be cited as the Shipping Registration Amendment Act 1984.

(2) The Shipping Registration Act 1981*1* is in this Act referred to as the Principal Act.

SHIPPING REGISTRATION AMENDMENT ACT 1984 No. 16, 1984 - SECT. 2.
Commencement


2. (1) Sections 1 and 2 shall come into operation on the day on which this Act receives the Royal Assent.

(2) The remaining provisions of this Act shall come into operation on such day as is, or on such respective days as are, fixed by Proclamation.

SHIPPING REGISTRATION AMENDMENT ACT 1984 No. 16, 1984 - SECT. 3.
Interpretation


3. Section 3 of the Principal Act is amended-

(a) by omitting from the definition of ''small craft'' in sub-section (1) ''length'' and substituting ''overall length''; and

(b) by adding at the end thereof the following sub-section:

''(8) In this Act, a reference to a ship includes a reference to every thing or article belonging to or to be used in connection with, or necessary for the operation and safety of, the ship.''.

SHIPPING REGISTRATION AMENDMENT ACT 1984 No. 16, 1984 - SECT. 4.
Ships on demise charter to Australian-based operators


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4. Section 9 of the Principal Act is amended by adding at the end thereof the following sub-section:

''(2) In sub-section (1), a reference to an Australian national does not include-

(a) if the Australian national is an Australian citizen-a reference to an Australian citizen who is not ordinarily resident in Australia; or

(b) if the Australian national is a body corporate established by or under a law of the Commonwealth or of a State or Territory-a reference to such a body corporate that does not have its principal place of business in Australia.''.

SHIPPING REGISTRATION AMENDMENT ACT 1984 No. 16, 1984 - SECT. 5.
Determination of overall length and tonnage length of ship


5. Section 10 of the Principal Act is amended-

(a) by omitting from sub-sections (1) and (2) ''length'' (wherever occurring) and substituting ''overall length''; and

(b) by adding at the end thereof the following sub-section:

''(3) For the purposes of this Act, the tonnage length of a ship shall be ascertained in a manner specified in the regulations.''.

SHIPPING REGISTRATION AMENDMENT ACT 1984 No. 16, 1984 - SECT. 6.
Exemptions from registration


6. Section 13 of the Principal Act is amended-

(a) by inserting ''Ships less than 24 metres in tonnage length,'' before ''Government''; and

(b) by omitting '', pleasure craft and small craft'' and substituting ''and pleasure craft''.

SHIPPING REGISTRATION AMENDMENT ACT 1984 No. 16, 1984 - SECT. 7.
New certificates and provisional certificates


7. Section 21 of the Principal Act is amended by omitting from sub-section (2) ''proper officer at that port shall,'' and substituting ''Registrar or the proper officer at that port shall, upon application made to him,''.

SHIPPING REGISTRATION AMENDMENT ACT 1984 No. 16, 1984 - SECT. 8.

8. After section 22 of the Principal Act the following sections are inserted:
Provisional certificates granted by the Registrar

''22A. (1) If, while a ship is at sea or at a foreign port, it becomes a ship entitled to be registered, the Registrar may, subject to the regulations, grant a provisional registration certificate in respect of the ship in accordance with the prescribed form.

''(2) If, while a ship is at an Australian port, it is or becomes entitled to be registered, the Registrar may, subject to the regulations, after he is satisfied that it is the intention of the owner of the ship that the ship will depart from that port to a place outside Australia, grant a provisional registration certificate in respect of the ship in accordance with the prescribed form.

''(3) Subject to sub-section (4), a provisional registration certificate granted in respect of a ship under this section has the same effect as a registration certificate and, for the purposes of this Act and of the lawful navigation of the ship, the ship shall be deemed to be registered until-

(a) in the case of a ship in respect of which the certificate was granted under sub-section (1)-

(i) the ship arrives at an Australian port; or

(ii) the expiration of a period of 6 months commencing on the date on which the certificate was granted,

whichever first happens; or

(b) in the case of a ship in respect of which a certificate was granted under sub-section (2)-

(i) the ship first returns from a place outside Australia to an Australian port after the grant; or


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(ii) the expiration of a period of 6 months commencing on the date on which the certificate was granted,

whichever first happens.

''(4) If, while a provisional registration certificate granted in respect of a ship under sub-section (1) or (2) is in effect, application is made in the manner prescribed, the Registrar may, by notice in writing served on the applicant, extend, in relation to the certificate, the period referred to in sub-paragraph (3) (a) (ii) or (3) (b) (ii), as the case requires, and, in that event, the reference in that sub-paragraph to the period of 6 months shall be read as a reference to that period as so extended.

''(5) The person who has possession of a provisional registration certificate granted in respect of a ship under sub-section (1) or (2) shall-

(a) in a case where the certificate was granted under sub-section (1)-within 10 days after the ship first arrives at an Australian port after the grant; or

(b) in a case where the certificate was granted under sub-section (2)-within 10 days after the ship first returns from a place outside Australia to an Australian port after the grant,
lodge the certificate with the Registrar.

''(6) Upon lodgment of a provisional registration certificate under sub-section (5), the Registrar may grant a further provisional registration certificate in respect of a ship.

''(7) A provisional registration certificate granted in respect of a ship under sub-section (6) has the same effect as a registration certificate for such period after the date on which the certificate was granted as the Registrar specifies in the certificate and, for the purposes of this Act and of the lawful navigation of the ship, the ship shall be deemed to be registered during that period.
Provisional registration certificates not to be issued in certain circumstances

''22B. A provisional registration certificate shall not be granted by a proper officer under sub-section 22 (1), or by the Registrar under sub-section 22A (1) or (2), in respect of a ship unless the person granting the certificate is satisfied that, at the time of his so granting the certificate, an application has been made under section 15 for registration of the ship and that that application has yet to be determined.''.

SHIPPING REGISTRATION AMENDMENT ACT 1984 No. 16, 1984 - SECT. 9.
Repeal of section 24


9. (1) Section 24 of the Principal Act is repealed.

(2) Notwithstanding the repeal effected by sub-section (1), section 24 of the Principal Act continues to have effect on and after the date of commencement of this section in respect of changes in the registered ownership of a ship or a share in a ship occurring before that date as if that section and the regulations made for the purposes of that section had continued in force.

SHIPPING REGISTRATION AMENDMENT ACT 1984 No. 16, 1984 - SECT. 10.
Marking of ship


10. Section 26 of the Principal Act is amended-

(a) by adding at the end of sub-section (1) ''with marks directed by the Registrar by notice in writing served on the owner or one of the owners and evidence of a kind specified in the regulations of the ship's having been so marked has been lodged with the Registrar''; and

(b) by omitting from sub-sections (2) and (3) ''regulations'' and substituting ''requirements of sub-section (1)''.

SHIPPING REGISTRATION AMENDMENT ACT 1984 No. 16, 1984 - SECT. 11.
Repeal of section 35


11. Section 35 of the Principal Act is repealed.

SHIPPING REGISTRATION AMENDMENT ACT 1984 No. 16, 1984 - SECT. 12.
Transfer of ship, &c.


12. Section 36 of the Principal Act is amended by omitting sub-section (2) and substituting the following sub-sections:

''(2) Where a ship or a share in a ship is so transferred, the bill of sale and a declaration of transfer made by the transferee under sub-section (3) shall be lodged by the transferee with the Registrar within 14 days after execution of the bill of sale or within such longer period as the Registrar,
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in special circumstances, allows.

''(2A) The Registrar shall, as soon as practicable after the lodgment by the transferee of a bill of sale relating to the transfer of a ship or a share in a ship together with a declaration of transfer, register the bill of sale by entering in the Register the name of the transferee as owner of the ship or share and shall endorse on the bill of sale the fact of the entry having been made, together with the date and time of the making of the entry.''.

SHIPPING REGISTRATION AMENDMENT ACT 1984 No. 16, 1984 - SECT. 13.
Transmission of ship, &c., by operation of law


13. Section 37 of the Principal Act is amended by omitting sub-section (1) and substituting the following sub-sections:

''(1) Where a ship or a share in a ship is transmitted to a person by any lawful means other than by a transfer under section 36, a declaration of transmission made by that person under sub-section (2) together with such evidence of transmission as is prescribed shall be lodged by that person with the Registrar within 14 days of that transmission taking place or within such longer period as the Registrar, in special circumstances, allows.

''(1A) The Registrar shall, as soon as practicable after the lodgment by a person of a declaration of transmission of a ship or a share in a ship together with such other evidence of transmission as is prescribed, enter in the Register the name of that person as owner of the ship or share.''.

SHIPPING REGISTRATION AMENDMENT ACT 1984 No. 16, 1984 - SECT. 14.

14. After section 37 of the Principal Act the following section is inserted:
Endorsement of registration certificates

''37A. (1) Where a ship or a share in a ship is transferred to a person by a bill of sale or transmitted to a person by any other lawful means, the registration certificate relating to that ship shall be made available to that person, at the time of the transfer or transmission, unless the ship is not at an Australian port at that time.

''(2) Where a registration certificate is made available in accordance with sub-section (1), the person to whom the ship or share is being transferred or transmitted shall furnish that certificate to the Registrar with the other documents and evidence required to be furnished under sub-section 36 (2) or 37 (1).

''(3) Where, under section 36 or 37, the Registrar enters a change in the ownership of a ship or of a share in a ship in the Register in respect of which he has not been furnished with the registration certificate under sub-section (2), he shall, by notice in writing sent to the registered agent, require the registered agent, within such period as is specified in the notice, to arrange for the certificate to be produced to him or to a proper officer.

''(4) Where a notice is sent to the registered agent of a ship in pursuance of sub-section (3), the agent shall comply with the requirement of the notice.

''(5) Where, upon a transfer or transmission of a ship or a share in a ship, the registration certificate for that ship is produced to the Registrar under sub-section (2) or to the Registrar or a proper officer in pursuance of a notice issued under sub-section (3), the Registrar or proper officer shall-

(a) endorse the registration certificate with the particulars of change of ownership of the ship or share; and

(b) cause the endorsed certificate to be returned to the registered agent of the ship or to such other person as the registered agent directs.

SHIPPING REGISTRATION AMENDMENT ACT 1984 No. 16, 1984 - SECT. 15.
Mortgagee to have power of disposal


15. Section 41 of the Principal Act is amended by adding at the end thereof the following sub-sections:

''(2) A mortgagee of a ship or of a share in a ship who intends to dispose of the ship or the share shall not dispose of the ship or share unless he has first given notice in writing to the Registrar of his intention so to dispose of the ship or share.

''(3) Where the Registrar is notified by a mortgagee of the intention of that mortgagee to dispose of a ship or of a share in a ship, the Registrar shall forthwith inform the subsequent mortgagee (if any) or each subsequent mortgagee (if more than one) of that ship or share whose interest in that ship or share is entered in the Register of the matter so notified to him.''.

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SHIPPING REGISTRATION AMENDMENT ACT 1984 No. 16, 1984 - SECT. 16.
Transfer of mortgage


16. Section 42 of the Principal Act is amended by omitting sub-section (2) and substituting the following sub-sections:

''(2) Where a mortgage is so transferred, the instrument of transfer of the mortgage shall be lodged by the person to whom the mortgage has been transferred with the Registrar within 14 days of its having been so executed or within such longer period as the Registrar, in special circumstances, allows.

''(2A) The Registrar shall, as soon as practicable after the lodgment of the instrument of transfer of the mortgage, enter in the Register the name of the transferee as the mortgagee of the ship or share the subject of the mortgage and endorse on the instrument the fact of the entry having been made, together with the date and time of the making of the entry.''.

SHIPPING REGISTRATION AMENDMENT ACT 1984 No. 16, 1984 - SECT. 17.

17. Sections 43 and 44 of the Principal Act are repealed and the following sections are substituted:
Transmission of mortgage by operation of law

''43. (1) Where the interest of a mortgagee in a mortgage of a ship or of a share in a ship is transmitted to a person by any lawful means other than by a transfer under section 42, a declaration of transmission made by that person in accordance with the regulations, together with such evidence of the transmission as is prescribed, shall be lodged by that person with the Registrar within 14 days of that interest being transmitted to that person or within such longer period as the Registrar, in special circumstances, allows.

''(2) The Registrar shall, as soon as practicable after the lodgment by a person of a declaration of transmission of the interest of a mortgagee in a mortgage of a ship or a share in a ship, together with such evidence of the transmission as is prescribed, enter in the Register the name of that person as mortgagee of the ship or share.
Discharge of mortgage

''44. (1) Where a mortgage is discharged, the mortgage instrument together with such evidence of the discharge of the mortgage as is prescribed shall be lodged by the mortgagor with the Registrar within 14 days after the discharge or within such longer period as the Registrar, in special circumstances, allows.

''(2) The Registrar shall, as soon as practicable after the lodgment by the mortgagor of the mortgage instrument, together with such evidence of the discharge of the mortgage as is prescribed, make an entry in the Register to the effect that the mortgage has been discharged and, on that entry being made, any interest of the mortgagee under the mortgage vests in the mortgagor.

''(3) Where the mortgage instrument cannot, for any reason, be lodged with the Registrar, there shall be lodged by the mortgagor with the Registrar, in substitution for the mortgage instrument and such evidence of the discharge of the mortgage as is prescribed for the purposes of sub-section (1), a declaration by the mortgagee setting out such particulars relating to the ship in respect of which the mortgage was given, the mortgage and its discharge as are prescribed for the purposes of this sub-section.

''(4) In this section, 'mortgagor', in relation to a ship or a share in a ship, includes any person in whom, having regard to any intervening acts and circumstances, the interest of the mortgagee would have been vested if the mortgage had not been made.''.

SHIPPING REGISTRATION AMENDMENT ACT 1984 No. 16, 1984 - SECT. 18.

18. After section 47 of the Principal Act the following sections are inserted in Part III:
Caveat may be lodged forbidding registration of certain instruments

''47A. (1) A person claiming an interest in a ship or in a share in a ship under any unregistered instrument, or by operation of law or otherwise, may lodge with the Registrar a caveat in accordance with the prescribed form forbidding the entry in the Register of any instrument relating to any dealing with that interest until after notice of the intended dealing is given to the caveator.

''(2) Every caveat shall state the name and address of the caveator and shall contain a sufficient description to identify the ship or the share in the ship in which the caveator claims an interest and the interest claimed by the caveator and shall be signed by the caveator or by his solicitor or agent.


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''(3) A caveat shall not be entered in the Register by the Registrar unless there is specified in the caveat an address in Australia at which notices relating to the caveat or to proceedings in respect of the caveat may be served.

''(4) Where a person entitled to withdraw a caveat notifies the Registrar, by lodging a notice in the prescribed form, that the name of the caveator or the address for service of notices on the caveator has been changed from the name or address specified in the caveat, the Registrar shall record on the caveat and in the Register the name or address so notified and that name or address shall thereupon be the name of, or the address for service of notices on, the caveator.

''(5) Every notice relating to a caveat or to any proceeding in respect of a caveat shall be deemed to be duly served if served in accordance with a manner of service specified in the regulations-

(a) at-

(i) the address stated in the caveat in pursuance of sub-section (3); or

(ii) if an address has been notified under sub-section (4)-the address, or the last address, so notified; or

(b) if the caveat was signed by a solicitor or agent-at the office of that solicitor or at the address of that agent.

''(6) A caveat may be withdrawn-

(a) by the caveator or by the solicitor or agent of the caveator if the solicitor or agent is authorized so to withdraw it;

(b) where the caveator is dead-by the executor of the will, or the administrator of the estate, of the caveator;

(c) by a trustee or official receiver or other person in whom the interest claimed by the caveator is vested pursuant to the Bankruptcy Act 1966; or

(d) by any person in whom there is entrusted, by reason of the mental incapacity of the caveator, pursuant to an order of a court of a State or Territory or pursuant to a law of a State or Territory, the management and care of the interest claimed by the caveator.

''(7) Where there is lodged for entry in the Register an instrument relating to a dealing with a ship, or a share in a ship, in respect of which a caveat has been lodged and the Registrar is satisfied that, upon entry of that instrument in the Register there will vest in the caveator the interest claimed by the caveator in the caveat, the Registrar may, notwithstanding the caveat and the provisions of sections 47C and 47D, enter the dealing in the Register and may record on the caveat or in the Register that the caveat has lapsed.
Notice of caveat

''47B. (1) Upon entry in the Register of a caveat, the Registrar shall notify particulars of the caveat-

(a) if the caveat relates to the ship-to the person or each person entered in the Register as an owner or part owner of the ship; and

(b) if the caveat relates to a share in the ship-to the person or each person entered in the Register as an owner or part owner of that share.

''(2) Any person notified, or required to be notified under sub-section (1), of the entry in the Register of a caveat may, if he thinks fit, summon the caveator to attend before the Supreme Court of a State or Territory to show cause why the caveat should not be removed.

''(3) The Supreme Court of a State or a Territory, upon proof that the caveator has been summoned, may make such order, either ex parte or otherwise, as the Court thinks fit.
When caveat to lapse

''47C. A caveat entered in the Register in respect of a ship or a share in a ship shall, unless an order to the contrary is made by the Supreme Court of a State or a Territory and served on the Registrar, be deemed to have lapsed upon the expiration of 14 days after notice is given to the caveator that-

(a) if the caveat relates to a ship-the person or each person entered in the Register as an owner or part-owner of the ship; and

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(b) if the caveat relates to a share in the ship-the person or each person entered in the Register as an owner or part-owner of the share,
has applied for the registration of any dealing with the ship or share.
No dealing to be registered while caveat in force

''47D. (1) Subject to this section, so long as a caveat remains in force in respect of a ship or a share in a ship, the Registrar shall not, except with the consent in writing of a person entitled to withdraw the caveat, enter in the Register particulars of any dealing with that ship or share.

''(2) Sub-section (1) shall not operate to prevent the entry in the Register of a dealing with a ship or a share in a ship which, when the caveat was lodged with the Registrar, had previously been lodged with the Registrar in a form satisfactory for entry in the Register.

''(3) Except to the extent that it otherwise specifies, a caveat shall not prevent the Registrar from entering in the Register-

(a) the transmission of a ship or of a share in a ship to a person where that person becomes so entitled by operation of law; or

(b) a dealing by a person as the mortgagee under a mortgage of a ship or a share in a ship, being a mortgage to the entry of which the caveator has consented or in respect of which the caveat has lapsed.
Compensation for lodging caveat without reasonable cause

''47E. A person who lodges a caveat with the Registrar without reasonable cause is liable to pay to a person who has sustained damage thereby such compensation as is just and the compensation is recoverable in an action in a court of competent jurisdiction by the person who has sustained damage from the person who lodged the caveat.''.

SHIPPING REGISTRATION AMENDMENT ACT 1984 No. 16, 1984 - SECT. 19.
Obsolete or incorrect entries in Register


19. Section 58 of the Principal Act is amended-

(a) by omitting from sub-section (1) ''Minister'' (wherever occurring) and substituting ''Registrar'';

(b) by omitting sub-section (2) and substituting the following sub-sections:

''(2) Where-

(a) a person on whom a notice is served under sub-section (1) fails to furnish to the Registrar, within the period specified in the notice, the information and documents specified in the notice; or

(b) the person on whom a notice is so served furnishes information or documents that the Registrar considers may justify the closure of the registration relating to the ship or the alteration of any entry made in the Register,

the Registrar shall inform the Minister of that failure or furnish that information or those documents, as the case requires, to the Minister.

''(2A) If the Minister is of the opinion that the failure of a person to comply with a notice served upon him under sub-section (1) or any information or document furnished to him by the Registrar justifies the giving of directions under this sub-section, the Minister may, by notice in writing, give the Registrar such directions as he thinks fit with respect to the closure of the registration relating to the ship or with respect to any entry or amendment of an entry to be made in the Register.''; and

(c) by omitting from sub-section (3) ''sub-section (2)'' and substituting ''sub-section (2A)''.

SHIPPING REGISTRATION AMENDMENT ACT 1984 No. 16, 1984 - SECT. 20.
Registered agent


20. Section 64 of the Principal Act is amended-

(a) by inserting in sub-section (1) ''who is to be the registered agent of the ship, being a person'' after ''the person'';

(b) by inserting in paragraph (1) (a) ''or one of the operators'' after ''operator'';

(c) by inserting in paragraph (1) (b) ''or one of the charterers'' after ''charterer'';

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(d) by omitting from paragraph (1) (c) ''the ship's agent or other person who has'' and substituting ''the person or one of the persons who is a ship's agent in respect of the ship or a person having'';

(e) by adding at the end of paragraph (1) (d) ''or one of the managing owners'';

(f) by adding after paragraph (1) (d)-

''and, upon the name and address of that person being so entered, the person shall be, for all purposes of this Act, the registered agent of that ship'';

(g) by inserting after sub-section (1) the following sub-section:

''(1A) Where a ship is registered pursuant to an application under section 15, the name and address of the first person to be the registered agent of the ship shall be entered in the Register forthwith after the registration of the ship.'';

(h) by omitting from sub-section (2) '', in the prescribed form'' and substituting ''containing such information as is prescribed''; and

(j) by adding at the end thereof the following sub-section:

''(3) The references in sub-sections (1), (1A) and (2) to the address of a person shall be read as references to-

(a) in a case where the person is a natural person-

(i) the address of the place in Australia at which the person ordinarily resides; or

(ii) if there is no place in Australia at which the person ordinarily resides-the address in Australia to which all communications to that person in pursuance of a provision of this Act should be sent; or

(b) in a case where the person is a body corporate-the address of the principal place of business in Australia of the body corporate.''.

SHIPPING REGISTRATION AMENDMENT ACT 1984 No. 16, 1984 - SECT. 21.
Alterations to ships


21. Section 65 of the Principal Act is amended by omitting ''Part II'' (wherever occurring) and substituting ''the application of sections 16 and 26 as if the ship were not a registered ship''.

SHIPPING REGISTRATION AMENDMENT ACT 1984 No. 16, 1984 - SECT. 22.
Ships lost, &c., or ceasing to be entitled to be registered


22. Section 66 of the Principal Act is amended-

(a) by omitting from sub-section (4) ''a notice under sub-section (1) stating that the ship has ceased to be entitled to be registered'' (first occurring) and substituting ''notice under sub-section (1) of an event referred to in paragraph (1) (a) or (b)''; and

(b) by omitting from paragraph (4) (b) ''a notice under sub-section (1) stating that the ship has ceased to be entitled to be registered'' and substituting ''notice under sub-section (1) of the event so referred to''.

SHIPPING REGISTRATION AMENDMENT ACT 1984 No. 16, 1984 - SECT. 23.
Offences-general


23. Section 74 of the Principal Act is amended-

(a) by inserting in sub-section (1) ''36 (2), 37 (1), 37A (2) or (4), 41 (2), 42 (2), 43 (1), 44 (1) or (2),'' after ''27 (1),''; and

(b) by inserting in sub-section (2) ''sub-section 36 (2), 37 (1), 37A (2) or (4), 41 (2), 42 (2), 43 (1), 44 (1) or (2),'' after ''section 33,''.

SHIPPING REGISTRATION AMENDMENT ACT 1984 No. 16, 1984 - SECT. 24.
Review of certain decisions


24. Section 78 of the Principal Act is amended-

(a) by adding at the end of paragraph (2) (a) '', 58 (2A) or 92 (4)''; and

(b) by inserting in paragraph (2) (b) ''22A (1), (2), (4) or (6),'' after ''22 (6),''.

SHIPPING REGISTRATION AMENDMENT ACT 1984 No. 16, 1984 - SECT. 25.
Jurisdiction of Territory Supreme Courts

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25. Section 81 of the Principal Act is amended by inserting ''47B, 47C,'' after ''sections''.

SHIPPING REGISTRATION AMENDMENT ACT 1984 No. 16, 1984 - SECT. 26.
Appeals


26. Section 82 of the Principal Act is amended by inserting in sub-section (1) ''47B, 47C,'' after ''section''.

SHIPPING REGISTRATION AMENDMENT ACT 1984 No. 16, 1984 - SECT. 27.
Verification of particulars-Registers kept under previous law, &c.


27. Section 92 of the Principal Act is amended-

(a) by inserting in sub-section (1) ''or, if there is no registered agent entered in the register in relation to that ship, the registered owner of that ship'' after ''section 86,'';

(b) by omitting from sub-section (2) ''registered agent of a ship on whom a notice'' and substituting ''person on whom a notice in respect of a ship'';

(c) by omitting from sub-section (2) ''and the Minister is not satisfied that the ship is entitled to be registered, the Minister may, by notice in writing given to the Registrar,'' and substituting ''the Minister may, by notice in writing given to the Registrar, unless he has information that leads him to believe that the ship may still be entitled to be registered,''; and

(d) by adding at the end thereof the following sub-sections:

''(3) Where, in relation to a ship, no entry or amendment of an entry has been made in the Register for such period as is prescribed for the purposes of this sub-section, the Registrar may, by notice published in the Gazette and specifying the name of the ship, the official number of the ship and the full name and address of the registered owner, state that, unless the Registrar is contacted within 30 days by the registered owner, by the registered agent (if any) or by another person having knowledge of the whereabouts of either the ship or of the registered owner or registered agent, the Registrar shall inform the Minister of the fact that a notice has been published under this sub-section and that no such contact has been made.

''(4) Where the Registrar informs the Minister that he has published a notice under sub-section (3) and that he has not been contacted as required by that notice, the Minister may, by notice given to the Registrar, unless he has other information that leads him to believe that the ship may still be entitled to be registered, direct that the registration relating to the ship be closed and, upon receipt of such a notice by the Registrar, section 66 applies as if the ship had ceased to be entitled to be registered and the notice given by the Minister were a notice under sub-section 66 (1) stating that fact.''.

SHIPPING REGISTRATION AMENDMENT ACT 1984 No. 16, 1984 - SECT. 28.
Transitional


28. (1) Documents lodged under sub-section 36 (2), 37 (1), 42 (2), 43 (1) or 44 (1) of the Principal Act shall be treated for all purposes, on and after the commencement of this section, as having been lodged under that sub-section of the Principal Act as amended by this Act.

(2) An act or thing done by the Registrar under a sub-section of the Principal Act referred to in sub-section (1) shall be treated, on and after the commencement of this section-

(a) where it was done under sub-section 36 (2) of the Principal Act-as if it had been done under sub-section 36 (2A);

(b) where it was done under sub-section 37 (1) of the Principal Act-as if it had been done under sub-section 37 (1A);

(c) where it was done under sub-section 42 (2) of the Principal Act-as if it had been done under sub-section 42 (2A);

(d) where it was done under sub-section 43 (1) of the Principal Act-as if it had been done under sub-section 43 (2); or

(e) where it was done under sub-section 44 (1) of the Principal Act-as if it had been done under sub-section 44 (2),
of the Principal Act as amended by this Act.

SHIPPING REGISTRATION AMENDMENT ACT 1984 No. 16, 1984 - SECT. 29.

29. After section 94 of the Principal Act the following section is inserted:
Application of section 11 of the Admiralty Court Act 1861

''94A. Section 11 of the Imperial Act known as the Admiralty Court Act 1861 shall have effect and shall be deemed since 26 January 1982 to have had effect as if references in that section to a mortgage duly registered according to the provisions of the Merchant Shipping Act 1854, included references to a mortgage registered or deemed to have been registered under this Act.''.

SHIPPING REGISTRATION AMENDMENT ACT 1984 No. 16, 1984 - NOTE


NOTE
1. No. 8, 1981. For previous amendments, see No. 39, 1983.