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Shipping Registration Act 1981

  • - C2012C00190
  • In force - Superseded Version
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Act No. 8 of 1981 as amended, taking into account amendments up to Acts Interpretation Amendment Act 2011
An Act providing for the registration of ships in Australia, and for related matters
Administered by: Infrastructure and Transport
Registered 03 Feb 2012
Start Date 30 Jan 2012
End Date 30 Jun 2012
Table of contents.

Shipping Registration Act 1981

Act No. 8 of 1981 as amended

This compilation was prepared on 30 January 2012
taking into account amendments up to Act No. 46 of 2011

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

  

  

  


Contents

Part I—Preliminary                                                                                                              1

1............ Short title [see Note 1]........................................................................ 1

2............ Commencement [see Note 1].............................................................. 1

3............ Interpretation....................................................................................... 1

4............ Repeal................................................................................................. 6

5............ Act to bind the Crown......................................................................... 6

6............ Application of Act............................................................................... 6

7............ Act not to apply to Defence Force ships etc........................................ 7

8............ Australian‑owned ships...................................................................... 7

9............ Ships on demise charter to Australian‑based operators....................... 7

10.......... Determination of overall length and tonnage length of ship................ 8

11.......... Registration of property in ships......................................................... 9

11A....... Application of the Criminal Code....................................................... 9

Part II—Registration of Ships                                                                                      10

Division 1—Registration                                                                                           10

12.......... Obligation to register Australian‑owned ships.................................. 10

13.......... Exemptions from registration............................................................ 10

14.......... Ships permitted to be registered........................................................ 10

15.......... Application for registration............................................................... 11

16.......... Tonnage measurement of ship before registration............................. 11

17.......... Foreign‑registered ships not registrable under this Act..................... 11

18.......... Entry of particulars in Register.......................................................... 11

Division 2—Registration certificates                                                                 12

19.......... Grant of registration certificate.......................................................... 12

20.......... Custody of registration certificate...................................................... 12

21.......... New certificates and provisional certificates...................................... 13

22.......... Provisional certificates for ships becoming entitled to be registered when abroad    14

22A....... Provisional certificates granted by the Registrar................................ 15

22B....... Provisional registration certificates not to be issued in certain circumstances           17

23.......... Temporary passes............................................................................. 17

25.......... Use of improper certificate................................................................ 18

Division 3—Identification                                                                                         19

26.......... Marking of ship................................................................................ 19

27.......... Name of registered ship and change of name.................................... 20

28.......... Power of Minister to disallow name proposed for ship.................... 20

Division 4—Nationality and national Colours                                              21

29.......... Certain ships to have Australian nationality...................................... 21

30.......... National colours and other flags........................................................ 21

31.......... Declaration of ship’s nationality before clearance............................. 24

32.......... Improperly assuming Australian nationality...................................... 24

33.......... Concealing Australian nationality...................................................... 24

Part III—Transfers, transmissions, security interests and other dealings               26

34.......... Interpretation..................................................................................... 26

36.......... Transfer of ship etc........................................................................... 26

37.......... Transmission of ship etc. by operation of law................................... 27

37A....... Delivery of registration certificate on transfer etc.............................. 29

45.......... Powers of disposal by owner............................................................ 29

46.......... Trusts not recognized........................................................................ 30

47.......... Equities not excluded........................................................................ 30

47A....... Caveat may be lodged forbidding registration of certain instruments 30

47B....... Notice of caveat................................................................................. 31

47C....... When caveat to lapse......................................................................... 32

47D....... No dealing to be registered while caveat in force.............................. 32

47E........ Compensation for lodging caveat without reasonable cause.............. 33

Part IV—Administration                                                                                                 34

48.......... Registrar and Deputy Registrars of Ships......................................... 34

49.......... Functions and powers of Registrar................................................... 34

50.......... Appointment of Registrar and Deputy Registrars............................. 34

51.......... Acting Registrar and Deputy Registrars............................................ 35

52.......... Delegation by Minister...................................................................... 35

53.......... Delegation by Registrar..................................................................... 35

54.......... Registration Office............................................................................ 35

55.......... Seal of Registration Office and signature of Registrar...................... 36

Part V—The Register of Ships                                                                                    37

56.......... Australian Register of Ships............................................................. 37

57.......... Inspection of Register....................................................................... 37

58.......... Obsolete or incorrect entries in Register............................................ 38

59.......... Rectification of Australian Register of Ships.................................... 39

59A....... Rectification of Personal Property Securities Register...................... 40

60.......... Correction of clerical errors in Register............................................. 41

61.......... False entries in Register.................................................................... 41

Part VI—Miscellaneous                                                                                                    42

62.......... Interpretation..................................................................................... 42

63.......... Liabilities of ships not registered....................................................... 42

64.......... Registered agent................................................................................ 42

65.......... Alterations to ships........................................................................... 44

66.......... Ships lost etc. or ceasing to be entitled to be registered..................... 45

67.......... Power to inquire into ownership of registered ship........................... 46

68.......... Unregistered ships not to leave Australia.......................................... 47

69.......... Unregistered ships not to leave foreign ports.................................... 47

70.......... Proceedings on forfeiture.................................................................. 48

71.......... Detention of ships............................................................................. 48

72.......... Taking officers to sea........................................................................ 49

73.......... False statements etc........................................................................... 49

74.......... Offences—general............................................................................ 50

75.......... Prosecution of offences..................................................................... 51

76.......... Joinder of charges and penalties for certain offences........................ 51

77.......... Admissibility of documents in evidence............................................ 52

78.......... Review of certain decisions............................................................... 52

79.......... Preservation of State and Territory legislation................................... 53

80.......... References in other laws................................................................... 53

81.......... Jurisdiction of Territory Supreme Courts.......................................... 54

82.......... Appeals............................................................................................. 54

83.......... Regulations....................................................................................... 54

Part VII—Transitional provisions                                                                             57

84.......... Interpretation..................................................................................... 57

85.......... Additional operation of Part.............................................................. 57

86.......... Ships registered in Australia under previous law deemed registered under this Act 57

87.......... Transfer of registration from foreign ports of ships entitled to be registered            57

88.......... Instruments etc. made under previous law or corresponding foreign law continue in force     58

89.......... Applications under previous law....................................................... 60

90.......... Certificates of registry may be recalled.............................................. 60

91.......... Registers kept under previous law in Australia incorporated with Register              60

92.......... Verification of particulars—Registers kept under previous law etc... 60

93.......... Ships deemed to be registered to cease to be registered if not entitled to be registered             62

94.......... Registrar may defer registration etc................................................... 62

95.......... Regulations for transitional purposes................................................ 63

Notes                                                                                                                                             65


An Act providing for the registration of ships in Australia, and for related matters

Part IPreliminary

  

1  Short title [see Note 1]

                   This Act may be cited as the Shipping Registration Act 1981.

2  Commencement [see Note 1]

                   This Act shall come into operation on a date to be fixed by Proclamation.

3  Interpretation

             (1)  In this Act, unless the contrary intention appears:

Australia includes the external Territories.

Australian national means:

                     (a)  an Australian citizen;

                     (b)  a body corporate established by or under a law of the Commonwealth or of a State or Territory; or

                     (c)  the Commonwealth or a State or Territory.

Australian‑owned ship has the meaning given by section 8.

Australian ship means a ship having Australian nationality by virtue of section 29.

Authority means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990.

beneficial interests includes interests arising under contract and other equitable interests.

bill of sale means a bill of sale referred to in section 36.

branch office means a branch office of the Registration Office.

Certificate of Clearance has the same meaning as in the Customs Act 1901.

Collector of Customs means a person who is a Collector for the purposes of the Customs Act 1901.

Customs officer means a person who is an officer for the purposes of the Customs Act 1901.

demise charter, in relation to a ship, means the demise, letting, hire or delivery of the ship to the charterer under a charterparty, by virtue of which the charterer has whole possession and control of the ship (including the right to appoint the master and crew of the ship).

Deputy Registrar means a Deputy Registrar of Ships referred to in subsection 48(2).

fish includes turtles, dugong, crustacea, molluscs and any other living resources of the sea or of the seabed.

fishing vessel means a ship that is used, or is intended to be used, wholly or principally for the taking, catching or capturing of fish for trading or manufacturing purposes.

foreign country means a country other than Australia.

foreign port means a port in a foreign country.

foreign resident means a person other than an Australian national or a resident of Australia.

Government authority means:

                     (a)  the Commonwealth or a State or Territory; or

                     (b)  a body corporate established for a public purpose by or under a law of the Commonwealth or of a State or Territory, other than:

                             (ii)  the Western Australian Coastal Shipping Commission; or

                            (iii)  a body corporate that is declared by the regulations not to be a Government authority for the purposes of this definition.

Government ship means a ship 12 metres or more in length:

                     (a)  that belongs to a Government authority or Government authorities, and to no other person;

                     (b)  the beneficial interest in which is vested in a Government authority or Government authorities, and in no other person; or

                     (c)  that is for the time being on demise charter to a Government authority or Government authorities, and to no other person.

lodged means lodged with the Registrar in accordance with this Act.

master includes a person having command or charge of a ship, but does not include a pilot.

national flag means the Australian National Flag within the meaning of the Flags Act 1953.

offence based on a particular provision of this Act, being a provision in respect of which section 74 creates an offence, means an offence against section 74 that relates to that provision (unless the contrary intention appears).

officer means a person (who may include the Minister) exercising powers, or performing duties or functions, under this Act.

owner, except in sections 8, 12, 30 and 58 and in Part VI, means a person registered as owner in accordance with the regulations.

pilot means a person who has the lawful conduct of a ship, but does not belong to the ship.

pleasure craft means a ship that is used, or is intended to be used, wholly for recreational or sporting activities, whether or not let, or intended to be let, for hire or reward or consideration of any kind.

PPSA security interest (short for Personal Property Securities Act security interest) means a security interest within the meaning of the Personal Property Securities Act 2009 and to which that Act applies (other than a transitional security interest within the meaning of that Act).

Note:          The Personal Property Securities Act 2009 applies to certain security interests in personal property. See the following provisions of that Act:

(a)    section 8 (interests to which the Act does not apply);

(b)    section 12 (meaning of security interest);

(c)    Chapter 9 (transitional provisions).

previous law means Part I of the Imperial Act known as the Merchant Shipping Act, 1894, as amended, or otherwise affected in its operation, by the provisions of any other Imperial Act or of any Act, in so far as that Part as so amended, or otherwise affected in its operation, is part of the law of the Commonwealth.

proper officer means a person holding, or performing the duties of, any of the following offices (being an office of the Commonwealth) in a country or place outside Australia, namely:

                     (a)  Ambassador;

                     (b)  Minister;

                     (c)  Head of a Mission;

                     (d)  Chargé d’Affaires;

                     (e)  Counsellor, Secretary or Attaché of an Embassy, Legation or other post;

                      (f)  Consul‑General;

                     (g)  Consul; or

                     (h)  Vice‑Consul.

provisional registration certificate means a provisional registration certificate granted under section 21, 22 or 65.

red ensign means the Australian Red Ensign within the meaning of the Flags Act 1953.

Register means the Australian Register of Ships referred to in section 56.

registered means registered under this Act.

registered agent, in relation to a ship, means the person whose name and address are entered in the Register in respect of that ship in pursuance of section 64.

Registrar means the Registrar of Ships referred to in subsection 48(1).

registration certificate means a registration certificate, other than a provisional registration certificate, granted under this Act.

Registration Office means the Australian Shipping Registration Office referred to in section 54.

share, in relation to a ship, means one of the shares into which the property in a ship is divided as provided by section 11.

ship means any kind of vessel capable of navigating the high seas and includes:

                     (a)  a barge, lighter or other floating vessel;

                     (b)  a structure that is able to float or be floated and is able to move or be moved as an entity from one place to another; and

                     (c)  an air‑cushion vehicle, or other similar craft, used wholly or primarily in navigation by water;

but does not include a vessel, structure, vehicle or craft declared by the regulations not to be a ship for the purposes of this definition.

ship on demise charter to an Australian‑based operator has the meaning given by section 9.

ship permitted to be registered means a ship permitted to be registered by virtue of section 14.

ship required to be registered means a ship required to be registered by virtue of section 12.

small craft means a ship less than 12 metres in overall length.

temporary pass means a temporary pass granted under section 23.

this Act includes the regulations.

unregistered ship means a ship entitled to be registered that is not registered.

             (2)  In this Act, unless the contrary intention appears, a reference to the owner of a ship shall, if there is more than one owner of the ship, be read as a reference to each of the owners.

             (3)  A reference in this Act to a resident of Australia shall be read as a reference to:

                     (a)  a person, other than a body corporate, whose permanent place of abode is in Australia, whether or not he or she is from time to time temporarily absent from Australia;

                     (b)  a person, other than a body corporate, whose domicile is in Australia, unless his or her permanent place of abode is outside Australia; or

                     (c)  a body corporate, wherever incorporated, that has its principal place of business in Australia.

             (4)  In this Act, unless the contrary intention appears, a reference to a ship entitled to be registered shall be read as a reference to a ship that is required to be registered by virtue of section 12 or permitted to be registered by virtue of section 14.

             (5)  A reference in this Act to failing to do an act or thing shall be read as including a reference to refusing to do that act or thing.

             (6)  For the purposes of this Act, strict compliance with a prescribed form is not required and substantial compliance is sufficient.

             (7)  A reference in this Act to an offence against this Act, to an offence against a provision of this Act or to a contravention of, or failure to comply with, a provision of this Act shall be read as including a reference to an offence against section 6 of the Crimes Act 1914, or against section 11.1 or 11.4 of the Criminal Code, in relation to this Act.

             (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.

4  Repeal

                   The previous law is repealed.

5  Act to bind the Crown

                   This Act binds the Crown in right of the Commonwealth, of each of the States, of the Northern Territory and of Norfolk Island, but nothing in this Act renders the Crown liable to be prosecuted for an offence.

6  Application of Act

                   This Act extends to every external Territory and to acts, omissions, matters and things outside Australia, whether or not in a foreign country.

7  Act not to apply to Defence Force ships etc.

                   This Act does not apply in relation to a ship belonging to an arm of the Defence Force of Australia or to the naval, military or air forces of a foreign country.

8  Australian‑owned ships

             (1)  A reference in this Act to an Australian‑owned ship shall be read as a reference to a ship that:

                     (a)  is owned by an Australian national or Australian nationals, and by no other person;

                     (b)  is owned (otherwise than as described in paragraph (c)) by 3 or more persons as joint owners, where the majority of those persons are Australian nationals; or

                     (c)  is owned by 2 or more persons as owners in common, where more than half of the shares in the ship are owned by an Australian national or Australian nationals.

             (2)  For the purposes of paragraph (1)(c), where 2 or more persons are joint owners of a share or shares in a ship:

                     (a)  in the case of 2 or more particular shares that are owned by the same persons—the interest of each owner in the shares shall be ascertained by dividing the number of the shares by the number of the owners of the shares; and

                     (b)  in the case of a share to which paragraph (a) does not apply—the interest of each owner in the share shall be ascertained by dividing the number one by the number of the owners of the share;

and, if the sum of the interests so ascertained in respect of all jointly‑owned shares in the ship as being interests of an Australian national or Australian nationals is a whole number or a whole number and a fraction, such number of those shares as is equal to that whole number shall be deemed to be owned by an Australian national or Australian nationals.

9  Ships on demise charter to Australian‑based operators

             (1)  A reference in this Act to a ship on demise charter to an Australian‑based operator shall be read as a reference to a ship (not being a ship required to be registered or a ship that may be registered by virtue of paragraph 14(a), (b) or (c)) on demise charter to:

                     (a)  an Australian national or Australian nationals, and to no other person; or

                     (b)  2 or more persons who include an Australian national or Australian nationals, where the Australian national is, or the Australian nationals are, as the case may be, in a position to control the exercise of the rights and powers of the charterers under the charterparty.

             (2)  In subsection (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.

10  Determination of overall length and tonnage length of ship

             (1)  For the purposes of this Act, the overall length of a ship shall, subject to subsection (2), be ascertained by measuring the distance between:

                     (a)  a vertical line passing through a point, being the foremost part of the stem; and

                     (b)  a vertical line passing through a point, being the aftermost part of the stern.

             (2)  Where, by reason of the nature of the constructional features of a ship, it is, in the opinion of the Registrar, impracticable to ascertain the overall length of the ship under subsection (1), the overall length of the ship shall be ascertained in such manner as the Registrar determines.

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

11  Registration of property in ships

             (1)  For the purposes of the registration of a ship:

                     (a)  the property in the ship shall be divided into 64 shares;

                     (b)  subject to paragraph (c), subsection (2) and section 37, the number of persons registered as owners of the ship shall not at any time exceed 64, but nothing in this paragraph affects the beneficial interests of any number of persons or of a body corporate represented by or claiming under or through a registered owner (including a registered joint owner);

                     (c)  any number of persons not exceeding 5 may be registered as joint owners of the ship or of a share or shares in the ship;

                     (d)  a joint owner of the ship or of a share or shares in the ship is not entitled to dispose of his or her interest in severalty;

                     (e)  a person shall not be registered as the owner of a fractional part of a share in the ship; and

                      (f)  a body corporate shall be registered as owner by its corporate name.

             (2)  For the purposes of paragraph (1)(b), where a share in a ship is jointly owned, or 2 or more shares in a ship are jointly owned by the same persons, the joint owners of that share, or of those shares, as the case may be, shall be treated as constituting one person.

11A  Application of the Criminal Code

                   Chapter 2 of the Criminal Code applies to all offences created by this Act.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.


 

Part IIRegistration of Ships

Division 1Registration

12  Obligation to register Australian‑owned ships

             (1)  Subject to this Part, every Australian‑owned ship shall be registered under this Act.

             (2)  Where an Australian‑owned ship is operated by a foreign resident under a demise charter, the Authority may, by instrument in writing, exempt the ship during the term of the charter from the requirement to be registered.

             (3)  Where a ship required to be registered is not registered, the owner of the ship is, in respect of each day on which the ship remains unregistered (including the day of a conviction for an offence against this subsection or any subsequent day), guilty of an offence, and, whether or not proceedings are instituted for such an offence, the ship may be detained until registration is effected.

          (3A)  An offence under subsection (3) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (4)  It is not a defence to a prosecution under subsection (3) that the ship required to be registered is registered under the law of a foreign country.

13  Exemptions from registration

                   Ships less than 24 metres in tonnage length, Government ships, fishing vessels and pleasure craft are exempt from the requirement to be registered under section 12.

14  Ships permitted to be registered

                   Where application is made as provided by this Act, the following ships shall be registered:

                     (a)  Australian‑owned ships referred to in section 13;

                     (b)  small craft wholly owned by residents of Australia or by residents of Australia and Australian nationals;

                     (c)  small craft operated solely by residents of Australia or Australian nationals or both;

                     (d)  ships on demise charter to Australian‑based operators.

15  Application for registration

                   Subject to this Part, an application for the registration of a ship shall be made in accordance with the regulations.

16  Tonnage measurement of ship before registration

             (1)  A ship shall not be registered unless and until a certificate relating to the tonnage measurement of the ship issued under, or otherwise having effect by virtue of, the Navigation Act 1912 has been lodged with the Registrar.

             (2)  Subsection (1) does not apply to a prescribed ship, or ships included in a prescribed class of ships.

17  Foreign‑registered ships not registrable under this Act

             (1)  The Registrar shall not register a ship under this Act if it is registered under the law of a foreign country.

             (2)  Where, in relation to a ship that has, at any time, been registered under the law of a foreign country, application is made for the registration of the ship under this Act, the application shall be accompanied by such evidence as the Registrar requires to establish:

                     (a)  that the ship is no longer registered under the law of that country; or

                     (b)  that steps have been taken, or are proposed to be taken, to close the registration of the ship under the law of that country on or before the registration of the ship under this Act.

18  Entry of particulars in Register

                   The Registrar shall register a ship by entering in the Register such particulars relating to the ship as are prescribed.


 

Division 2Registration certificates

19  Grant of registration certificate

                   Upon the registration of a ship under section 18, the Registrar shall grant a registration certificate in respect of the ship, in the prescribed form, containing the particulars entered in the Register relating to the ship and such other matters as are prescribed.

20  Custody of registration certificate

             (1)  The registration certificate of a ship shall not be used except for the purpose of the lawful navigation of the ship, and shall not be subject to detention by reason of a claim by an owner, mortgagee, charterer, operator or any other person to any title to, lien or charge on, or interest in, the ship.

             (2)  A person having possession or control of a registration certificate shall not fail to deliver the certificate on demand to the person entitled to the custody of it for the purposes of the lawful navigation of the ship, or to the Registrar, a Deputy Registrar, a proper officer or any other person entitled by law to require its delivery.

          (2A)  Subsection (2) does not apply if the person has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code).

          (2B)  An offence based on subsection (2) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (3)  If, in any proceedings in respect of an offence against this section in relation to a registration certificate, the court is of the opinion that the certificate is lost, the court shall make an order to that effect and cause an office copy of the order to be served on the Registrar.

             (4)  In this section, registration certificate includes a provisional registration certificate.

21  New certificates and provisional certificates

             (1)  Where:

                     (a)  a registration certificate is mislaid, lost or destroyed; or

                     (b)  a registration certificate is lodged with the Registrar;

the Registrar shall, upon application made in the manner prescribed, grant a new certificate in substitution for that certificate.

             (2)  If:

                     (a)  an event referred to in paragraph (1)(a) occurs while the ship concerned is at a foreign port at which there is a proper officer; or

                     (b)  such an event occurs while the ship concerned is at sea or at a foreign port at which there is no proper officer and, subsequently, but before arriving at an Australian port, the ship arrives at a foreign port at which there is a proper officer;

the Registrar or the proper officer at that port shall, upon application made to him or her, subject to the regulations, grant a provisional registration certificate in respect of the ship in accordance with the prescribed form.

             (3)  Subject to subsection (5), a provisional registration certificate granted in respect of a ship under subsection (2) has the same effect as a registration certificate until:

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

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

whichever first happens.

             (4)  Where a proper officer grants a provisional registration certificate under this section, he or she shall forward a copy of the certificate to the Registrar.

             (5)  If, while a provisional registration certificate granted in respect of a ship under subsection (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 paragraph (3)(b) and, in that event, the reference in that paragraph to a period of 6 months shall be read as a reference to that period as so extended.

             (6)  The person who has possession of a provisional registration certificate granted under subsection (2) shall, within 10 days after the ship first arrives at an Australian port after the grant, lodge the certificate with the Registrar.

             (7)  Upon lodgment of a provisional registration certificate under subsection (6), the Registrar shall, in his or her discretion:

                     (a)  grant a further provisional registration certificate in respect of the ship; or

                     (b)  grant a new registration certificate in respect of the ship.

             (8)  A provisional registration certificate granted under paragraph (7)(a) 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.

22  Provisional certificates for ships becoming entitled to be registered when abroad

             (1)  If:

                     (a)  while a ship is at a foreign port at which there is a proper officer, it becomes a ship entitled to be registered; or

                     (b)  while a ship is at sea or at a foreign port at which there is no proper officer, it becomes a ship entitled to be registered and, subsequently, but before arriving at an Australian port, it arrives at a foreign port at which there is a proper officer;

the proper officer at that port may, subject to the regulations, grant a provisional registration certificate in respect of the ship in accordance with the prescribed form.

             (2)  Subject to subsection (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)  the ship arrives at an Australian port; or

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

whichever first happens.

             (3)  Where a proper officer grants a provisional registration certificate under this section, he or she shall forward a copy of the certificate to the Registrar.

             (4)  If, while a provisional registration certificate granted in respect of a ship under subsection (1) 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 paragraph (2)(b) and, in that event, the reference in that paragraph to a 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 subsection (1) shall, within 10 days after the ship first arrives at an Australian port after the grant, lodge the certificate with the Registrar.

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

             (7)  A provisional registration certificate granted in respect of a ship under subsection (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.

22A  Provisional certificates granted by the Registrar

             (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 or she 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 subsection (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 subsection (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 subsection (2):

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

                             (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 subsection (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 subparagraph (3)(a)(ii) or (3)(b)(ii), as the case requires, and, in that event, the reference in that subparagraph 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 subsection (1) or (2) shall:

                     (a)  in a case where the certificate was granted under subsection (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 subsection (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 subsection (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 subsection (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.

22B  Provisional registration certificates not to be issued in certain circumstances

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

23  Temporary passes

             (1)  Where the Authority is satisfied that, by reason of special circumstances, permission should be granted for an unregistered ship to travel:

                     (a)  from an Australian port to a foreign port; or

                     (b)  from a foreign port to another foreign port or to an Australian port;

it may direct the Registrar to grant a temporary pass in respect of that ship, specifying the voyage which the ship is authorized to make and the time during which the pass remains valid, and the Registrar shall grant the pass accordingly.

             (2)  A temporary pass shall be in the prescribed form.

             (3)  A temporary pass granted in respect of a ship has, subject to the matters specified in the pass, the same effect as a registration certificate and, for the purposes of this Act and of the lawful navigation of the ship on the voyage specified in the pass, the ship shall be deemed to be registered.

25  Use of improper certificate

                   A person who, in relation to a ship, whether or not it is a registered ship, uses, or permits the use of, a registration certificate, provisional registration certificate or temporary pass not legally granted and in force under this Act in respect of the ship is guilty of an offence.


 

Division 3Identification

26  Marking of ship

             (1)  A ship shall not be registered until it has been marked in accordance with the regulations 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.

             (2)  Subject to subsection (4), if the markings placed on a registered ship in accordance with the requirements of subsection (1) are not maintained, the owner and master of the ship are each, in respect of each day during which the markings are not maintained (including the day of a conviction under this subsection or any subsequent day), guilty of an offence punishable upon conviction:

                     (a)  if the offender is a natural person—by a fine not exceeding $1,000; or

                     (b)  if the offender is a body corporate—by a fine not exceeding $2,000.

          (2A)  An offence under subsection (2) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (3)  A person must not engage in conduct that results in the concealment, removal, alteration, defacing or obliteration of any marking that is on a registered ship in accordance with the requirements of subsection (1).

          (3A)  Strict liability applies to the element of an offence against subsection (3) that the ship be marked in accordance with a requirement in subsection (1).

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (4)  Subsections (2) and (3) do not apply in relation to anything done as authorized by the regulations or done for the purpose of escaping capture by an enemy.

             (5)  In this section:

engage in conduct means:

                     (a)  do an act; or

                     (b)  omit to perform an act.

27  Name of registered ship and change of name

             (1)  A person shall not describe a registered ship by any name other than the name by which the ship is for the time being registered.

             (2)  Subject to this Act, application may be made to the Registrar, in the manner prescribed, for a change in the name of a registered ship.

             (3)  If:

                     (a)  the name proposed for a ship in an application for the registration of the ship; or

                     (b)  the new name proposed for a registered ship in an application under subsection (2),

is a prescribed name, or a name included in a prescribed class of names, the Registrar shall disallow the name.

             (4)  Where the Registrar grants an application under subsection (2):

                     (a)  he or she shall cause the new name to be entered in the Register and endorsed on the ship’s registration certificate; and

                     (b)  section 26 applies in relation to the marking of the new name on the ship as if the ship had been registered by that name.

28  Power of Minister to disallow name proposed for ship

                   The Minister may, by notice in writing given to the Registrar, disallow:

                     (a)  the name proposed for a ship in an application for the registration of the ship; or

                     (b)  the new name proposed for a registered ship in an application under subsection 27(2);

if the Minister is of the opinion that the description of the ship by that name is likely to prejudice the international relations of the Commonwealth.


 

Division 4Nationality and national Colours

29  Certain ships to have Australian nationality

             (1)  The following ships shall, for all purposes, be taken to be Australian ships and to have Australian nationality:

                     (a)  registered ships;

                     (b)  unregistered ships (other than ships required to be registered), being:

                              (i)  Australian‑owned ships referred to in section 13;

                             (ii)  ships wholly owned by residents of Australia or by residents of Australia and Australian nationals; or

                            (iii)  ships operated solely by residents of Australia or Australian nationals or both.

             (2)  Nothing in subsection (1) shall be taken to alter the character of a ship as an article of personal property.

             (3)  In this section, unregistered ship means a ship that is not registered under this Act or under the law of a foreign country.

30  National colours and other flags

             (1)  It is hereby declared that the national colours for Australian ships are:

                     (a)  in the case of ships registered by virtue of section 12 or ships (other than ships referred to in section 13) registered by virtue of paragraph 14(d)—the red ensign; and

                     (b)  in any other case—the national flag and the red ensign.

             (2)  When in waters outside Australian waters:

                     (a)  a ship to which paragraph (1)(a) applies may at any time, and shall as and when required by the regulations, fly the red ensign;

                     (b)  a registered ship, other than a ship to which paragraph (1)(a) applies, may at any time, and shall as and when required by the regulations, fly the national flag or the red ensign; and

                     (c)  a ship to which paragraph 29(1)(b) applies may at any time fly the national flag or the red ensign.

          (2A)  An offence based on subsection (2) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (3)  Subject to subsections (4) and (5), when in Australian waters, a registered ship shall, as and when required by the regulations, fly the national flag or the red ensign.

          (3A)  An offence based on subsection (3) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (4)  If:

                     (a)  a ship is required by subsection (3) to fly the national flag or the red ensign at a particular time (in this subsection referred to as the relevant time);

                     (b)  there was in force, immediately before the commencement of this Act, a warrant from Her Majesty or the Admiralty under section 73 of the Imperial Act known as the Merchant Shipping Act, 1894, as amended by any other Imperial Act, authorizing the use by the ship of the British Blue Ensign (with or without defacement);

                     (c)  that section is in force at the relevant time as part of the law of the United Kingdom; and

                     (d)  the flying of that Ensign by the ship at the relevant time is authorized by the warrant;

it is sufficient compliance with subsection (3) for the ship to fly that Ensign at the relevant time in lieu of the national flag or the red ensign.

             (5)  If:

                     (a)  a ship is required by subsection (3) to fly the national flag or the red ensign at a particular time; and

                     (b)  the ship is, at that time:

                              (i)  entitled to fly a particular flag by virtue of an authority under section 6 of the Flags Act 1953; or

                             (ii)  entitled to fly a particular flag of a State or Territory;

it is sufficient compliance with subsection (3) for the ship to fly that particular flag at that time in lieu of the national flag or the red ensign.

             (6)  A person shall not, in relation to a ship, use, or permit the use, at any one time, of 2 or more of the flags referred to in the preceding provisions of this section.

             (7)  When an Australian ship is in waters outside Australian waters, a person shall not, in relation to that ship:

                     (a)  except as provided in subsection (2), use, or permit the use of, a flag referred to in, or appointed under, the Flags Act 1953; or

                     (b)  use, or permit the use of, a flag of a State or Territory or a flag to which a warrant referred to in subsection (4) relates.

             (8)  A person shall not, in relation to a ship required to be registered that is not registered, use, or permit the use of, the national flag or the red ensign.

          (8A)  An offence based on subsection (6), (7) or (8) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (9)  Where, in relation to a ship, there is a contravention of, or failure to comply with, a provision of this section, the master and owner of the ship are each guilty of an offence.

           (10)  Upon application made in the manner prescribed by the owner or operator of a ship to which paragraph 29(1)(b) applies, the Registrar shall grant to the applicant a certificate stating that the ship is entitled to fly the national flag and the red ensign in accordance with this section.

           (11)  A certificate granted under subsection (10) is, for all purposes, prima facie evidence of the facts stated therein.

           (12)  In this section:

Australian waters means the territorial sea of Australia and any marine or tidal waters that are on the landward side of any part of that sea.

flag includes an ensign.

31  Declaration of ship’s nationality before clearance

             (1)  A Collector of Customs shall not grant a Certificate of Clearance in respect of a ship about to depart from an Australian port to a place outside Australia until the master of the ship has declared to the Collector the nationality of the ship.

             (2)  A declaration made under subsection (1) shall be recorded on the Certificate of Clearance.

32  Improperly assuming Australian nationality

             (1)  If the master or owner of a ship that is not an Australian ship does anything, or permits anything to be done, that results in a ship appearing to be an Australian ship, the ship is subject to forfeiture under this Act, and the Master and owner are each guilty of an offence.

             (2)  Subsection (1) does not apply if the master or owner of the ship does the thing for the purpose of escaping capture by an enemy.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

             (3)  An offence based on subsection (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

33  Concealing Australian nationality

             (1)  If the master or owner of an Australian ship does anything, or permits anything to be done that results in:

                     (a)  concealing the nationality of the ship from any person entitled by a law of the Commonwealth or of a State or Territory to inquire into the nationality of the ship; or

                     (b)  deceiving any such person; or

                     (c)  the ship appearing not to be an Australian ship;

the ship is subject to forfeiture under this Act, and the master and owner are each guilty of an offence.

             (2)  Subsection (1) does not apply if the master or owner of the ship does the thing to escape capture by an enemy.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

             (3)  An offence based on subsection (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.


 

Part IIITransfers, transmissions, security interests and other dealings

  

34  Interpretation

                   In this Part, ship means a registered ship.

36  Transfer of ship etc.

             (1)  Subject to section 37, a ship or a share in a ship shall be transferred by a bill of sale made in accordance with the regulations.

             (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 subsection (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, 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.

             (3)  A declaration of transfer for the purposes of subsection (2) shall be made in accordance with the regulations and, where the transferee is not the Commonwealth or a State or Territory, shall include:

                     (a)  in the case of the transfer of a ship, or a share in a ship, other than a small craft:

                              (i)  a statement specifying the nationality of the transferee or, where the transferee is a body corporate, the country in which it was incorporated; and

                             (ii)  a statement that, to the best of the knowledge and belief of the person making the declaration, the ship concerned will not cease to be an Australian‑owned ship by reason only of the transfer; or

                     (b)  in the case of the transfer of a ship, or a share in a ship, being a small craft:

                              (i)  a statement specifying the nationality of the transferee or, where the transferee is a body corporate, the country in which it was incorporated;

                             (ii)  a statement specifying the normal place of residence of the transferee or, where the transferee is a body corporate, the principal place of business of the body corporate; and

                            (iii)  a statement that, to the best of the knowledge and belief of the person making the declaration, the ship concerned will not cease to be an Australian‑owned ship or a ship referred to in paragraph 14(b) or (c) by reason only of the transfer.

             (4)  Subsection (3) applies in relation to ships on demise charter to Australian‑based operators as if the statement required by subparagraph (3)(a)(ii) or (3)(b)(iii) were a statement that, to the best of the knowledge and belief of the person making the declaration, the ship concerned will not cease to be a ship on demise charter to an Australian‑based operator by reason only of the transfer.

             (5)  Bills of sale lodged under this section shall be registered in the order of their lodgment.

37  Transmission of ship etc. by operation of law

             (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 subsection (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.

             (2)  A declaration of transmission for the purposes of subsection (1) shall be made in accordance with the regulations and, where the person entitled under the transmission is not the Commonwealth or a State or Territory, shall include:

                     (a)  in the case of the transmission of a ship, or a share in a ship, other than a small craft:

                              (i)  a statement specifying the nationality of the person entitled under the transmission or, where the person is a body corporate, the country in which it was incorporated; and

                             (ii)  a statement that, to the best of the knowledge and belief of the person making the declaration, the ship concerned will not cease to be an Australian‑owned ship by reason only of the transmission; or

                     (b)  in the case of the transmission of a ship, or a share in a ship, being a small craft:

                              (i)  a statement specifying the nationality of the person entitled under the transmission or, where the person is a body corporate, the country in which it was incorporated;

                             (ii)  a statement specifying the normal place of residence of the person entitled under the transmission or, where the person is a body corporate, the principal place of business of the body corporate; and

                            (iii)  a statement that, to the best of the knowledge and belief of the person making the declaration, the ship concerned will not cease to be an Australian‑owned ship or a ship referred to in paragraph 14(b) or (c) by reason only of the transmission.

             (3)  Subsection (2) applies in relation to ships on demise charter to Australian‑based operators as if the statement required by subparagraph (2)(a)(ii) or (2)(b)(iii) were a statement that, to the best of the knowledge and belief of the person making the declaration, the ship concerned will not cease to be a ship on demise charter to an Australian‑based operator by reason only of the transmission.

37A  Delivery of registration certificate on transfer etc.

             (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 other lawful means, the person who has possession or control of the ship’s registration certificate shall deliver the certificate to the person to whom the ship or share is transferred or transmitted:

                     (a)  if the ship is at an Australian port at the time of the transfer or transmission—at the time of the transfer or transmission; or

                     (b)  in any other case—as soon as practicable after the transfer or transmission.

          (1A)  An offence based on subsection (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (2)  Where a registration certificate is delivered to a person under subsection (1), the person shall immediately deliver the certificate to the Registrar.

          (2A)  An offence based on subsection (2) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (3)  Where a registration certificate is delivered to the Registrar under subsection (2), the Registrar shall, if the documents and evidence required by subsection 36(2) or 37(1) have been lodged with the Registrar:

                     (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.

45  Powers of disposal by owner

                   The owner of a ship or of a share in a ship has power, subject to this Act and to any rights and powers appearing in the Register to be vested in any other person, absolutely to dispose of the ship or share and to give effectual receipts in respect of the disposal.

46  Trusts not recognized

                   Notice of a trust, express, implied or constructive, shall not be entered in the Register or be receivable by the Registrar.

47  Equities not excluded

                   Subject to sections 45 and 46, beneficial interests may be enforced by or against the owner or mortgagee of a ship or of a share in a ship in respect of his or her interest in the ship or share in the same manner as in respect of any other personal property.

47A  Caveat may be lodged forbidding registration of certain instruments

             (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 ship or share until after notice of the intended dealing is given to the caveator.

          (1A)  Subsection (1) does not apply to an interest in a ship, or in a share in a ship, that is a PPSA security interest.

             (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 or her solicitor or agent.

             (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 subsection (3); or

                             (ii)  if an address has been notified under subsection (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.

47B  Notice of caveat

             (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 subsection (1), of the entry in the Register of a caveat may, if he or she 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.

47C  When caveat to lapse

                   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 or a person having a right to register a dealing with the ship; or

                     (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 or a person having a right to register a dealing with the share;

has applied for the registration of any dealing with the ship or share.

47D  No dealing to be registered while caveat in force

             (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)  Subsection (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)  A caveat does not prevent the Registrar from entering in the Register the transmission of a ship, or of a share in a ship, to a person if the person becomes entitled to the transmission by operation of law, except to the extent that the caveat specifies otherwise.

47E  Compensation for lodging caveat without reasonable cause

                   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.


 

Part IVAdministration

  

48  Registrar and Deputy Registrars of Ships

             (1)  There shall be a Registrar of Ships, who shall, under the Authority, be responsible for the maintenance of the Register and have chief control of the Registration Office.

             (2)  There shall be such number of Deputy Registrars of Ships as the Authority determines, who shall, subject to the control of the Registrar, have all the powers and functions of the Registrar under this Act, other than his or her power of delegation under section 53.

49  Functions and powers of Registrar

             (1)  In addition to the functions conferred by other provisions of this Act, the functions of the Registrar are to maintain the Register and, for that purpose:

                     (a)  to receive and record all information and documents required or permitted to be lodged with the Registrar under this Act;

                     (b)  to grant, issue, vary or revoke such certificates and other documents as are required or permitted to be granted or issued under this Act; and

                     (c)  to issue copies of, and extracts from, any such certificates and other documents and entries in the Register.

             (2)  The Registrar has power to do all things necessary or convenient to be done for or in connection with, or as incidental to, the performance of his or her functions including, but without limiting the generality of the foregoing, such powers for and in relation to requiring the furnishing of information and documents (including the delivery of certificates and other documents granted or issued under this Act) as are provided by the regulations.

50  Appointment of Registrar and Deputy Registrars

                   The Registrar and Deputy Registrars shall:

                     (a)  be appointed by the Minister; and

                     (b)  be members of the staff of the Authority.

51  Acting Registrar and Deputy Registrars

                   The Authority may appoint a person to act as Registrar, or as a Deputy Registrar:

                     (a)  during a vacancy in the office of Registrar or an office of Deputy Registrar, as the case may be, whether or not an appointment has previously been made to the office; or

                     (b)  during any period, or during all periods, when the Registrar or a Deputy Registrar, as the case may be, is absent from duty or from Australia or is, for any other reason, unable to perform the functions of his or her office.

Note:          For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

52  Delegation by Minister

             (1)  The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him or her, delegate to a member of the staff of the Authority or to a person appointed or engaged under the Public Service Act 1999 any of his or her powers under this Act, other than this power of delegation.

53  Delegation by Registrar

             (1)  The Registrar may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him or her, delegate to a member of the staff of the Authority or to a person appointed or engaged under the Public Service Act 1999 any of his or her powers under this Act, other than this power of delegation.

54  Registration Office

             (1)  For the purposes of this Act:

                     (a)  there shall be an Australian Shipping Registration Office; and

                     (b)  the Authority may, by notice published in the Gazette, establish branch offices of that Office.

             (2)  The Registration Office, and the branch offices established under paragraph (1)(b), shall be at such respective places in Australia as are determined by the Authority by notice published in the Gazette.

55  Seal of Registration Office and signature of Registrar

             (1)  There shall be a seal of the Australian Shipping Registration Office, in a form determined by the Minister, which shall be under the control of the Registrar.

             (2)  All courts, judges and persons acting judicially shall take judicial notice of the seal of the Registration Office affixed to a document and shall presume that it was duly affixed.

             (3)  Where a signature on a document purports to be the signature of the Registrar or of a person empowered to sign the document by virtue of a delegation under section 53, it shall be presumed, until the contrary is proved, that the signature is that of a person who, at the relevant time, was holding, or performing the duties of, the office of Registrar or was so empowered to sign that document, as the case may be.


 

Part VThe Register of Ships

  

56  Australian Register of Ships

             (1)  For the purposes of this Act, there shall be a register, to be known as the Australian Register of Ships, in which shall be entered all matters required or permitted by this Act to be entered in the Register.

             (2)  The Register and copies of the Register, or of such part or parts of the Register as the Authority directs, shall be kept at such places as the Authority directs.

57  Inspection of Register

             (1)  The Register may be inspected at the Registration Office.

Note:          Since 1992 all entries in the Register have been made electronically.

             (2)  The Registrar may also, to the extent that the Register has been maintained in electronic form, provide for it to be inspected electronically otherwise than at the Registration Office by using the internet or another communications network that is prescribed by the regulations.

             (3)  A person may, on payment of the prescribed fee (if any), inspect the Register at any reasonable time during the hours when the Registration Office is open for business and, on payment of a prescribed fee, is entitled to be provided with a copy of, or an extract from, any entry on the Register.

             (4)  If the Registrar has made provision for electronic inspection of the Register otherwise than at the Registration Office, a person may, on payment of the prescribed fee (if any), electronically inspect the Register and make a copy of any electronic entry in the Register.

             (5)  The prescribed fee (if any) for inspection of the Register at the Registration Office may be different from the prescribed fee (if any) for electronic inspection of the Register otherwise than at the Registration Office.

58  Obsolete or incorrect entries in Register

             (1)  Where:

                     (a)  in relation to a particular 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 section; and

                     (b)  the Registrar has reason to suspect that:

                              (i)  any particulars entered in the Register in relation to the ship are incorrect;

                             (ii)  in relation to the ship, any notice, information or document in relation to which an entry in the Register is required by this Act to be made has not been lodged with the Registrar within the period referred to in paragraph (a); or

                            (iii)  the ship has been lost (whether actually or constructively), taken by an enemy, burnt or broken up;

the Registrar may, by notice in writing served on the registered agent or any owner of the ship, require him or her to furnish to the Registrar, within a specified period (not being less than 30 days) after the date of service of the notice, such information and documents relating to the ship as are specified in the notice.

             (2)  Where:

                     (a)  a person on whom a notice is served under subsection (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 Authority of that failure or furnish that information or those documents, as the case requires, to the Authority.

          (2A)  If the Authority is of the opinion that the failure of a person to comply with a notice served upon him or her under subsection (1) or any information or document furnished to him or her by the Registrar justifies the giving of directions under this subsection, the Authority may, by notice in writing, give the Registrar such directions as it 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.

             (3)  The Registrar shall comply with a direction given under subsection (2A) and, where the Authority directs the closure of the registration relating to a ship:

                     (a)  if the Authority states in the direction that it is of the opinion that the ship has been lost (whether actually or constructively), taken by an enemy, burnt or broken up—the Registrar shall make an entry in the Register of that statement, and the registration of the ship shall thereupon be deemed to be closed; or

                     (b)  in any other case—section 66 applies as if the ship had ceased to be entitled to be registered and the direction were a notice under subsection 66(1) stating that fact.

59  Rectification of Australian Register of Ships

             (1)  If:

                     (a)  an entry is omitted from the Register;

                     (b)  an entry is made in the Register without sufficient cause;

                     (c)  an entry wrongly exists in the Register; or

                     (d)  there is an error or defect in an entry in the Register;

whether or not by reason of a decision of an officer (including a decision that the officer was empowered by this Act to make) a person aggrieved or the Registrar may apply to the Supreme Court of a State or Territory for rectification of the Register, and the Court may make such order as it thinks fit directing the rectification of the Register.

             (2)  Without limiting the generality of paragraph (1)(a), the reference in that paragraph to an entry omitted from the Register shall be read as including a reference to a matter that is required or permitted by this Act to be entered, or to remain, in the Register, but is not entered in, or is removed from, the Register.

             (3)  A Court may, in proceedings under this section, decide any question that it is necessary or expedient to decide in connection with the rectification of the Register.

             (4)  Notice of an application under this section by a person aggrieved shall be served on the Registrar, who may appear and be heard, and shall appear if so directed by the Court.

             (5)  An office copy of an order under this section shall be served on the Registrar, and the Registrar shall, upon receipt of the order, rectify the Register accordingly.

59A  Rectification of Personal Property Securities Register

             (1)  This section applies if:

                     (a)  a financing statement describing a ship, or a share in a ship, has been registered in the PPS Register; and

                     (b)  any of the following circumstances apply (whether or not by reason of a decision of the PPS Registrar):

                              (i)  data in relation to the financing statement (including the entire registration) has been removed from the PPS Register;

                             (ii)  the financing statement, or a financing change statement to amend the financing statement, was wrongly registered, or was registered without sufficient cause;

                            (iii)  there is an error, omission or other defect in the financing statement.

             (2)  A person aggrieved by the circumstance or the PPS Registrar may apply to the Supreme Court of a State or Territory for rectification of the PPS Register.

             (3)  Notice of an application under subsection (2) by a person aggrieved must be served on the PPS Registrar, who:

                     (a)  may appear and be heard; and

                     (b)  must appear if so directed by the Court.

             (4)  On an application under subsection (2), the Court may make such order as it thinks fit directing the rectification of the PPS Register.

             (5)  A Court may, in proceedings on an application under subsection (2), decide any question that it is necessary or expedient to decide in connection with the rectification of the PPS Register.

             (6)  An office copy of an order under subsection (4) must be served on the PPS Registrar, and the PPS Registrar must, upon receipt of the order, rectify the PPS Register accordingly.

             (7)  If the PPS Register is rectified under this section, but could have been similarly rectified under a provision of the Personal Property Securities Act 2009, that Act applies as if the PPS Register had been rectified under that provision of the Personal Property Securities Act 2009.

Note:          The Personal Property Securities Act 2009 includes various rules about access to data in the PPS Register that has been the subject of rectification under that Act. Subsection (7) of this section ensures that those rules apply in relation to rectification under this Act as well.

             (8)  In this section:

financing change statement has the meaning given by the Personal Property Securities Act 2009.

financing statement has the meaning given by the Personal Property Securities Act 2009.

PPS Register means the Personal Property Securities Register established under section 147 of the Personal Property Securities Act 2009.

PPS Registrar means the Registrar of Personal Property Securities appointed under section 194 of the Personal Property Securities Act 2009.

60  Correction of clerical errors in Register

                   The Registrar may correct, or cause to be corrected, any clerical error or obvious mistake in the Register.

61  False entries in Register

                   A person shall not make or cause to be made a false entry in the Register.


 

Part VIMiscellaneous

  

62  Interpretation

                   In this Part:

owner, except in sections 64 and 74, means:

                     (a)  in relation to an Australian‑owned ship—the registered owner of the ship;

                     (b)  in relation to a ship, other than an Australian‑owned ship, registered by virtue of paragraph 14(b)—the registered owner of the ship; or

                     (c)  in relation to a ship, other than an Australian‑owned ship, registered by virtue of paragraph 14(c) or a ship registered by virtue of paragraph 14(d)—the registered agent of the ship.

63  Liabilities of ships not registered

             (1)  A ship required to be registered that is not registered:

                     (a)  shall not be recognized as an Australian ship; and

                     (b)  is not entitled to any benefits, privileges, advantages or protection usually enjoyed by a registered ship.

             (2)  For the purposes of any law of the Commonwealth or of a State or Territory providing for:

                     (a)  the payment of fees or other charges;

                     (b)  the liability to fines and forfeiture; or

                     (c)  the punishment of offences committed on board a ship, or by any persons belonging to a ship;

a ship to which subsection (1) applies shall be dealt with in the same manner in all respects as if the ship were registered.

64  Registered agent

             (1)  There shall be entered in the Register in respect of every registered ship the name and address of the person who is to be the registered agent of the ship, being a person who is, for the time being:

                     (a)  in the case of a ship referred to in paragraph 14(c)—the operator or one of the operators of the ship;

                     (b)  in the case of a ship referred to in paragraph 14(d)—the charterer or one of the charterers of the ship;

                     (c)  in the case of a ship without a managing owner (other than a ship referred to in paragraph (a) or (b))—the person or one of the persons who is a ship’s agent in respect of the ship or a person having the management of the ship; or

                     (d)  in any other case—the managing owner or one of the managing owners;

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.

          (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.

             (2)  Where a change occurs in the person, or the address of the person, referred to in subsection (1) in relation to a registered ship:

                     (a)  in the case of a ship to which paragraph (1)(a) or (b) applies—the person whose name appears in the Register; or

                     (b)  in any other case—the owner of the ship;

shall, unless a notice of the change has already been lodged under this subsection, lodge with the Registrar, within 14 days after the change occurs, a notice of the change containing such information as is prescribed.

          (2A)  An offence based on subsection (2) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (3)  The references in subsections (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.

65  Alterations to ships

             (1)  Where a registered ship is so altered as not to correspond with the particulars relating to the ship’s tonnage or description contained in the Register, the registered agent shall give notice of the alteration, in such manner, and within such time, as are prescribed:

                     (a)  if the alteration is made at a foreign port at which there is a proper officer—to the proper officer at that port;

                     (b)  if the alteration is made outside Australia while the ship is at sea or at a foreign port at which there is no proper officer and, subsequently, but before arriving at an Australian port, the ship arrives at a foreign port at which there is a proper officer—to the proper officer at the first such port at which the ship so arrives; or

                     (c)  in any other case—to the Registrar;

and:

                     (d)  where a notice of alteration is so given to a proper officer—the proper officer shall, subject to the regulations, grant a provisional registration certificate in respect of the ship in accordance with the prescribed form; or

                     (e)  where a notice of alteration is so given to the Registrar—the Registrar shall, subject to the application of sections 16 and 26 as if the ship were not a registered ship, enter the alteration in the Register in accordance with the regulations and grant a new registration certificate in respect of the ship.

             (2)  Subject to subsection (4), a provisional registration certificate granted in respect of a ship under subsection (1) has the same effect as a registration certificate until:

                     (a)  the ship arrives in an Australian port; or

                     (b)  the expiration of the period of 6 months commencing on the date on which the certificate was granted;

whichever first happens.

             (3)  Where a proper officer grants a provisional registration certificate under this section, he or she shall forward a copy of the certificate to the Registrar, together with a statement in accordance with the regulations setting out particulars relating to the grant of the certificate.

             (4)  If, while a provisional registration certificate granted in respect of a ship under subsection (1) 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 paragraph (2)(b) and, in that event, the reference in that paragraph to a 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 subsection (1) shall, within 10 days after the ship first arrives at an Australian port after the grant, lodge the certificate with the Registrar.

             (6)  Upon lodgment of a provisional registration certificate under subsection (5), the Registrar shall, subject to the application of sections 16 and 26 as if the ship were not a registered ship, enter the alteration in the Register in accordance with the regulations and grant a new registration certificate in respect of the ship.

             (7)  Where a notice is not given in respect of a ship within a particular time as required by subsection (1), the obligation to give notice as required by that subsection continues, notwithstanding that that time has passed, until that notice is so given.

             (8)  Where a notice is not given in respect of a ship as required by this section, the owner of the ship is, in respect of each day during which the notice is not so given (including the day of a conviction under this subsection or any subsequent day) guilty of an offence punishable upon conviction:

                     (a)  if the offender is a natural person—by a fine not exceeding $500; or

                     (b)  if the offender is a body corporate—by a fine not exceeding $1,000.

66  Ships lost etc. or ceasing to be entitled to be registered

             (1)  if:

                     (a)  a registered ship is lost (whether actually or constructively), taken by an enemy, burnt or broken up or ceases to be entitled to be registered; and

                     (b)  the owner of the ship knows of the event mentioned in paragraph (a);

the owner of the ship must give notice in writing to the Registrar.

          (1A)  Subsection (1) does not apply if written notice has already been given to the Registrar.

             (2)  Where the Registrar receives a notice under subsection (1) relating to a ship, he or she shall make an entry in the Register of the event to which the notice relates.

             (3)  Where an entry has been made in the Register under subsection (2) in respect of a ship:

                     (a)  if the entry is in respect of a ship that has been lost (whether actually or constructively), taken by an enemy, burnt or broken up—the registration of the ship shall be deemed to be closed; and

                     (b)  if the entry is in respect of a ship that has ceased to be entitled to be registered—the registration of the ship shall, subject to this section, be deemed to be closed.

           (10)  Where the registration of a ship is closed or deemed to be closed under this section, the person having possession of the registration certificate or provisional registration certificate relating to the ship shall deliver the certificate to the Registrar or a proper officer in accordance with the regulations.

67  Power to inquire into ownership of registered ship

             (1)  Where the Authority has reason to suspect that a registered ship is not entitled to be registered, it may, by notice in writing served on the registered agent of the ship, require him or her to furnish to the Authority within a specified period (not being less than 30 days) after the date of service of the notice, evidence of the ownership of the ship.

             (2)  If the registered agent of a ship on whom a notice is served under subsection (1) fails to furnish to the Authority, within the period specified in the notice, evidence to the satisfaction of the Authority that the ship is entitled to be registered, the Authority may, by notice in writing given to the Registrar, 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 were a notice under subsection 66(1) stating that fact.

68  Unregistered ships not to leave Australia

             (1)  An unregistered ship shall not depart from an Australian port to a place outside Australia.

             (2)  The master and owner of a ship that departs from an Australian port in contravention of subsection (1) are each guilty of an offence punishable upon conviction:

                     (a)  if the offender is a natural person—by a fine not exceeding $2,000; or

                     (b)  if the offender is a body corporate—by a fine not exceeding $5,000.

          (2A)  An offence under subsection (2) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (3)  A Collector of Customs shall not grant a Certificate of Clearance in respect of an unregistered ship that is about to depart from an Australian port to a place outside Australia.

             (4)  Subsections (1) and (3) do not apply to a prescribed ship, or ships included in a prescribed class of ships.

69  Unregistered ships not to leave foreign ports

             (1)  Where an unregistered ship is at a foreign port at which there is a proper officer, the ship shall not depart from that port on a voyage unless and until a registration certificate or provisional registration certificate is granted in respect of the ship.

             (2)  The master and owner of a ship that departs from a foreign port in contravention of subsection (1) are each guilty of an offence punishable upon conviction:

                     (a)  if the offender is a natural person—by a fine not exceeding $2,000; or

                     (b)  if the offender is a body corporate—by a fine not exceeding $5,000.

          (2A)  An offence under subsection (2) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (3)  Subsection (1) does not apply to a prescribed ship, or ships included in a prescribed class of ships.

70  Proceedings on forfeiture

             (1)  Where a ship is subject to forfeiture under this Act, an officer may seize and detain the ship and the Minister may apply to the Supreme Court of a State or Territory for an order under subsection (2).

             (2)  Upon application being made under subsection (1) in relation to a ship, the Court may order the ship and its equipment to be forfeited to the Commonwealth.

             (3)  Anything forfeited under this section becomes the property of the Commonwealth and may be sold or otherwise dealt with as the Minister thinks fit.

             (4)  In this section, officer means:

                     (a)  an officer or employee of the Commonwealth appointed by the Minister by writing signed by him or her to be an officer for the purposes of this section;

                     (b)  a member or special member of the Australian Federal Police or a member of the Police Force of a State or Territory; or

                     (c)  a member of an arm of the Defence Force.

71  Detention of ships

             (1)  Where it is provided by this Act that a ship may be detained, the ship may be detained by an officer as defined in section 70.

             (2)  Where a ship detained under this Act goes to sea before it is released from detention by a competent authority, the owner and master of the ship are each guilty of an offence.

          (2A)  An offence under subsection (2) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (3)  A Collector of Customs shall not grant a Certificate of Clearance in respect of a ship that is detained under this Act.

72  Taking officers to sea

                   If an officer is taken to sea in a ship without his or her consent, the master and owner are each guilty of an offence and, in addition to any penalty for that offence, are jointly and severally liable to pay all expenses incidental to the officer’s return.

73  False statements etc.

             (1)  A person who, by means of a statement that he or she knows to be false or misleading or by means of a document that to his or her knowledge contains information that is false or misleading, causes an officer to do, or refrain from doing, any act or thing in the exercise of powers, or the performance of duties or functions, under this Act is guilty of an offence.

             (2)  A person shall not:

                     (a)  make to an officer a statement, whether orally or in writing; or

                     (b)  present to an officer a statement in writing;

knowing it to be false or misleading in a material particular.

Penalty:

                     (a)  if the offender is a natural person—$1,000 or imprisonment for 6 months, or both; or

                     (b)  if the offender is a body corporate—$2,000.

             (3)  For the purposes of the application of this section in relation to a corporation, but without prejudice to the liability of any person other than the corporation:

                     (a)  a statement made, or presented or otherwise used, by a person acting on behalf of the corporation shall be deemed to have been made, presented or otherwise used by the corporation; and

                     (b)  the knowledge of any person employed by, or concerned in the management of, the corporation shall be deemed to be knowledge of the corporation.

74  Offences—general

             (1)  A person who contravenes subsection 20(1) or (2), 21(6), 22(5), 26(3), 36(2) or 37(1), section 61 or subsection 65(5) or 66(10) is guilty of an offence.

          (1A)  A person who contravenes subsection 37A(1) or (2), 64(2) or 66(1) is, in respect of each day on which the person contravenes the subsection (including the day of a conviction for an offence against this subsection or any subsequent day), guilty of an offence.

             (2)  Where the owner of a ship is guilty of an offence against, or arising out of a contravention of, subsection 26(2), section 33, subsection 36(2), 37(1), 37A(1), 65(8) or 66(1) or section 72, the person who is the registered agent of the ship by virtue of paragraph 64(1)(a), (b) or (c) shall be deemed to be also guilty of that offence and is punishable accordingly.

             (3)  Except where a provision of this Act otherwise provides, the punishment for an offence against this Act is:

                     (a)  if the offender is a natural person—a fine not exceeding $2,000 or imprisonment for a period not exceeding 12 months, or both; or

                     (b)  if the offender is a body corporate—a fine not exceeding $5,000.

             (4)  An offence against subsection 12(3) is punishable on conviction:

                     (a)  if the offender is a natural person—by a fine not exceeding $1,000; or

                     (b)  if the offender is a body corporate—by a fine not exceeding $2,000.

          (4A)  An offence against section 25, 32 or 33 or subsection 73(1) is an indictable offence and, subject to subsection 75(3), is punishable on conviction:

                     (a)  if the offender is a natural person—by a fine not exceeding $5,000 or imprisonment for a period not exceeding 2 years, or both; or

                     (b)  if the offender is a body corporate—by a fine not exceeding $20,000.

          (4B)  An offence against subsection 37A(1) or (2), 64(2) or 66(1) is punishable on conviction:

                     (a)  if the offender is a natural person—by a fine not exceeding $500; or

                     (b)  if the offender is a body corporate—by a fine not exceeding $1,000.

          (4C)  An offence against subsection 27(1), 30(9) or 71(2) is punishable on conviction:

                     (a)  if the offender is a natural person—by a fine not exceeding $2,000 or imprisonment for a period not exceeding 6 months; or

                     (b)  if the offender is a body corporate—by a fine not exceeding $5,000.

             (5)  Where a corporation is guilty of an offence against this Act, a director, manager, secretary or other officer of the corporation who is in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the offence, shall be deemed to be also guilty of that offence and is punishable accordingly.

75  Prosecution of offences

             (1)  An offence against this Act, other than an offence referred to in subsection 74(4A), shall be prosecuted summarily.

             (2)  Notwithstanding that an offence referred to in subsection 74(4A) is expressed to be an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent.

             (3)  Where, in accordance with subsection (2), a court of summary jurisdiction convicts a person of an indictable offence, the penalty that the court may impose is:

                     (a)  if the offender is a natural person—a fine not exceeding $2,000 or imprisonment for a period not exceeding 12 months, or both; or

                     (b)  if the offender is a body corporate—a fine not exceeding $5,000.

76  Joinder of charges and penalties for certain offences

             (1)  Charges against the same person for any number of offences against subsection 26(2) or 65(8) may be joined in the same information or complaint if those offences relate to a failure to do the same act or thing.

             (2)  If a person is convicted of 2 or more offences referred to in subsection (1), being offences related to a failure to do the same act or thing, the court may impose one penalty in respect of both or all of those offences, but that penalty shall not exceed the sum of the maximum penalties that could be imposed if a penalty were imposed in respect of each offence separately.

77  Admissibility of documents in evidence

             (1)  A document declared by this Act (including subsection (4)) to be admissible in evidence is, on mere production, admissible in evidence in any proceedings as prima facie evidence of any matter stated in the document in pursuance of this Act or in pursuance of any duty under this Act and of the fact that it was signed by the person by whom it purports to be signed.

             (2)  The Registrar or a Deputy Registrar may, subject to this Act, supply copies of, or extracts from, any entry in the Register or any document forming part of or associated with the Register, and certify them by writing signed by him or her and sealed with the seal of the Registration Office.

             (3)  The person to whose custody a document referred to in subsection (1) (other than a copy or extract referred to in subsection (2)) is entrusted shall, upon payment of the prescribed fee, supply a copy of, or extract from, the document, certified by writing signed by him or her, to any person applying for such a copy or extract.

             (4)  A document purporting to be a copy or extract supplied under subsection (2) or (3) is admissible in evidence.

78  Review of certain decisions

             (1)  In this section, decision has the same meaning as in the Administrative Appeals Tribunal Act 1975.

             (2)  Applications may be made to the Administrative Appeals Tribunal for review of:

                     (a)  a decision of the Authority under subsection 23(1), 58(2A) or 92(4);

                     (b)  a decision of the Registrar under subsection 10(2), 21(5), 22(4), 22(6), 22A(1), (2), (4) or (6), 27(3), 65(4), 87(1) or 88(3) or section 89; or

                     (c)  a decision of a proper officer under subsection 22(1).

             (3)  Where the Authority, the Registrar or a proper officer makes a decision referred to in subsection (2) and gives to a person whose interests are affected by the decision notice in writing of the decision, that notice shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, an application may be made to the Administrative Appeals Tribunal for review of the decision by or on behalf of any person whose interests are affected by the decision.

             (4)  Any failure to comply with the requirements of subsection (3) in relation to a decision does not affect the validity of the decision.

79  Preservation of State and Territory legislation

                   This Act is not intended to exclude or limit the operation of any law of a State or Territory providing for the recording or registration of ships where the recording or registration is for a purpose other than the establishment of title, the transfer of title or the grant of nationality in relation to a ship.

80  References in other laws

                   In any law of the Commonwealth or of a State or Territory (other than a law declared by the regulations to be a law to which this section does not apply) or any instrument (including rules, regulations or by‑laws) having effect under such a law, except so far as the context otherwise requires:

                     (a)  a reference, however expressed, to a ship registered in Australia shall be read as a reference to a registered ship;

                     (b)  a reference, however expressed, to the certificate of registry of a ship shall be read as a reference to the registration certificate, or provisional registration certificate, as the case may be, of the ship; and

                     (c)  a reference, however expressed, to the port of registry of a ship registered in Australia shall be read as a reference to the home port of a registered ship selected or changed in accordance with the regulations.

81  Jurisdiction of Territory Supreme Courts

                   Jurisdiction is conferred, to the extent that the Constitution permits, on the Supreme Court of each Territory to hear and determine applications made to that Court under sections 47B, 47C, 59 and 70.

82  Appeals

             (1)  An appeal lies to the Federal Court of Australia from a judgment or order of the Supreme Court of a State or Territory exercising jurisdiction under section 47B, 47C, 59 or 70.

             (2)  An appeal lies to the High Court, with special leave of the High Court, from a judgment or order referred to in subsection (1).

             (3)  Except as provided in subsections (1) and (2), no appeal lies from a judgment or order referred to in subsection (1).

83  Regulations

             (1)  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to this Act.

             (2)  Without limiting the generality of subsection (1), the regulations may make provision for and in relation to:

                     (a)  the manner in which, and the time within which, applications under this Act are to be made;

                     (b)  the documents and information to be furnished by applicants in connection with, or in support of, applications under this Act;

                     (c)  the keeping of the Register and copies of the Register, or a part or parts of the Register;

                     (d)  the entries to be made in the Register;

                     (e)  the manner in which, and the time within which, documents and information are to be lodged, including provision empowering the Registrar:

                              (i)  to direct a person who has lodged, or is seeking to lodge, any document or information to do such things as are necessary to ensure that it is in accordance with the requirements of this Act; and

                             (ii)  to treat any document or information as not having been lodged until it is in accordance with the requirements of this Act;

                      (f)  the registration (whether by way of entry in the Register or otherwise) of documents and information;

                     (g)  the re‑registration of ships entitled to be registered, the registration of which under this Act, or under the previous law, has been closed;

                     (h)  the registration of Government ships;

                      (j)  the closure of the registration of ships;

                     (k)  the qualifications required of, and other requirements relating to, registered agents;

                      (l)  the verification, by statutory declaration, of information and documents required for the purposes of this Act;

                    (m)  the retention or return by the Registrar of documents lodged in accordance with this Act;

                     (n)  the selection and change of home ports for registered ships;

                     (o)  the matters to be recorded or endorsed on registration certificates, provisional registration certificates and temporary passes;

                     (p)  the marking of ships for the purposes of section 26;

                     (q)  the making of any declaration or the doing of any thing required or permitted by this Act to be made or done in the name and on behalf of a person incapable of making such a declaration or doing any such thing by reason of infancy, lunacy or other disability;

                      (r)  the manner in which instruments, notices and other documents under this Act may be given to, or served on, persons;

                      (s)  the payment of fees and expenses to persons required under this Act to attend and give evidence or make declarations before the Registrar or other persons;

                      (t)  the imposition and recovery of fees in respect of:

                              (i)  the making of applications under this Act;

                             (ii)  the lodging and registration of documents or information;

                            (iii)  the registration and re‑registration of ships;

                            (iv)  the issue of registration certificates, provisional registration certificates and temporary passes; and

                             (v)  the supplying of copies of, or extracts from, entries in the Register or documents forming part of, or associated with, the Register;

                     (u)  the conduct of any business relating to the Registration Office;

                     (v)  the declaration of specified documents, or of documents included in specified classes of documents, to be admissible in evidence for the purposes of section 77;

                    (w)  the form of any instrument, notice or other document permitted or required to be issued, furnished, lodged or registered for the purposes of this Act; and

                     (x)  any matter incidental to or connected with any of the foregoing.

             (3)  The regulations may provide that a specified provision of this Act does not apply, or applies with specified modifications, in relation to Government ships.

             (5)  The regulations may provide, in respect of an offence against the regulations, for the imposition of a fine not exceeding $500.

             (6)  The power to make regulations conferred by this Act shall not be taken, by implication, not to include the power to make provision for or in relation to a matter by reason only of the fact that:

                     (a)  provision is made by this Act in relation to that matter or another matter; or

                     (b)  power is expressly conferred by this Act to make provision by regulation for or in relation to another matter.

             (7)  The power to make regulations conferred by this Act may be exercised:

                     (a)  in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes of case; and

                     (b)  so as to make, with respect to the cases in relation to which it is exercised, the same provision for all those cases or a different provision for different cases or classes of case.


 

Part VIITransitional provisions

  

84  Interpretation

                   In this Part, unless the contrary intention appears, commencing date means the date fixed under section 2.

85  Additional operation of Part

                   Without prejudice to its effect apart from this section, this Part also has, by force of this section, the effect it would have if a reference in section 86 to a ship entitled to be registered were a reference to a ship other than a ship entitled to be registered.

86  Ships registered in Australia under previous law deemed registered under this Act

             (1)  Every ship entitled to be registered that was, immediately before the commencing date, registered in accordance with the previous law at a port in Australia shall be deemed, on and from that date, to be registered under this Act.

             (2)  Any entry or record that, immediately before the commencing date, appeared in a register book kept at a port in Australia under the previous law in relation to a ship referred to in subsection (1) shall be deemed to be an entry or record in the Register in relation to that ship and to have been made on the date on which, and at the time when, it was made under the previous law.

87  Transfer of registration from foreign ports of ships entitled to be registered

             (1)  Subject to subsection (3), where a ship entitled to be registered was, immediately before the commencing date, registered in a foreign country, or at a port in a foreign country, under provisions of a law of that country corresponding with provisions of the previous law, or under provisions determined by the Registrar to be provisions that so correspond to an extent sufficient for the purposes of this section, the ship:

                     (a)  in the case of a ship permitted to be registered—may; or

                     (b)  in the case of a ship required to be registered—shall;

within 6 months after the commencing date, be registered under this Act by way of a transfer of the registration to the Register.

             (2)  An application for the registration of a ship under this section shall be made in accordance with the regulations.

             (3)  A ship shall not be registered under this section unless the person responsible for the maintenance of the foreign register concerned:

                     (a)  transmits to the Registrar:

                              (i)  all the particulars entered in the foreign register in relation to the ship;

                             (ii)  the names of all the persons appearing in the foreign register to be interested in the ship, either as owners or mortgagees; and

                            (iii)  any instrument or other document relating to the ship, or a certified copy of such an instrument or document, made in accordance with a provision of the law of that foreign country corresponding with a provision of the previous law, being an instrument or document kept by the first‑mentioned person; and

                     (b)  consents to the closing of the registration of the ship in that register.

             (4)  Until the expiration of 6 months after the commencing date, subsections 12(3) and (4) do not apply in relation to a ship to which subsection (1) applies, being a ship required to be registered, or in relation to the owner of such a ship.

             (5)  In this section, foreign register means the register book or books, or other similar documents or collections of documents, kept in accordance with provisions of a law of a foreign country relating to the registration of ships corresponding with the provisions of the previous law relating to the keeping of register books under the previous law.

88  Instruments etc. made under previous law or corresponding foreign law continue in force

             (1)  Subject to subsections (3) and (4):

                     (a)  any instrument or other document made in accordance with a provision of the previous law and in effect immediately before the commencing date; and

                     (b)  any endorsement, memorandum or other note made in accordance with a provision of the previous law on any such instrument or document and in effect immediately before the commencing date;

has effect on and after that date as if it had been made in accordance with the corresponding provision of this Act.

             (2)  Subject to subsections (3) and (4):

                     (a)  any instrument or other document:

                              (i)  made in accordance with a provision of the law of a foreign country relating to the registration of ships in that country, being a provision that corresponds with a provision of the previous law;

                             (ii)  made in respect of a ship application for the registration of which is made under section 14 or 87; and

                            (iii)  in effect immediately before the commencing date; and

                     (b)  any endorsement, memorandum or other note made, in accordance with a provision of the law of that foreign country that corresponds with a provision of the previous law, on any such instrument or document and in effect immediately before the commencing date;

has effect on and after that date as if it had been made in accordance with the corresponding provision of this Act.

             (3)  Where any instrument or other document referred to in subsection (1) or (2) is lodged with, or received by, the Registrar for the purposes of this Act and the Registrar is of the opinion that:

                     (a)  the instrument or document does not sufficiently comply with the requirements of this Act; or

                     (b)  it would be inappropriate to accept the instrument or document for the purposes of this Act;

he or she may refuse to accept the instrument or document for the purposes of this Act.

             (4)  Subsections (1) and (2) do not apply to a certificate of mortgage or certificate of sale granted under section 39 of the previous law or under a corresponding provision of the law of a foreign country.

89  Applications under previous law

                   Notwithstanding anything to the contrary in this Act, where:

                     (a)  before the commencing date, an application was made under the previous law, but not finally dealt with; and

                     (b)  the Registrar is satisfied that the requirements of this Act relating to an application of the same kind are substantially similar to the requirements of the previous law;

the Registrar shall treat that application as if it had been made under this Act.

90  Certificates of registry may be recalled

                   For the purpose of the issue of a registration certificate under this Act in respect of a ship deemed to be registered by virtue of section 86, the Registrar may recall the certificate of registry issued under the previous law in respect of the ship.

91  Registers kept under previous law in Australia incorporated with Register

                   Each register book kept by a registrar of British ships at a port in Australia under the previous law shall be deemed to be part of the Register to be kept in pursuance of this Act, and any documents retained by such a registrar that are associated with the register book kept by him or her shall be retained by the Registrar and kept at the Registration Office.

92  Verification of particulars—Registers kept under previous law etc.

             (1)  The Registrar may, by notice in writing served on the registered agent of a ship deemed to be registered by virtue of section 86, or, if there is no registered agent entered in the register in relation to that ship, the registered owner of that ship require him or her:

                     (a)  to verify, in such manner as is specified in the notice, any matter or particular appearing in the Register by virtue of section 91; or

                     (b)  to furnish such information and documents relating to the ship and its owner as are specified in the notice, being information and documents of the kind required in connection with, or in support of, an application for registration;

or to do both, within a specified period (not being less than 30 days) after the date of the notice.

             (2)  If the person on whom a notice in respect of a ship is served under subsection (1) fails to verify a matter or particular, or to furnish any information or documents, in accordance with the notice, the Authority may, by notice in writing given to the Registrar, unless it has information that leads it 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 were a notice under subsection 66(1) stating that fact.

             (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 subsection, 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 Authority of the fact that a notice has been published under this subsection and that no such contact has been made.

             (4)  Where the Registrar informs the Authority that he or she has published a notice under subsection (3) and that he or she has not been contacted as required by that notice, the Authority may, by notice given to the Registrar, unless it has other information that leads it 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 Authority were a notice under subsection 66(1) stating that fact.

93  Ships deemed to be registered to cease to be registered if not entitled to be registered

             (1)  At any time after the expiration of the period of 6 months commencing on the commencing date, the Registrar shall, if he or she has reason to suspect that a ship deemed to be registered on the commencing date was not, on that date, entitled to be registered, serve notice of that fact on the owner and mortgagee or mortgagees (if any) of the ship, drawing attention to the provisions of this section.

             (2)  If, within a period of 3 months commencing on the last day on which the notice was served, evidence to the satisfaction of the Registrar that the ship is entitled to be registered is not produced, the Registrar shall, on the expiration of that period, cause the registration of that ship to be closed.

             (3)  In this section:

last day on which the notice was served means:

                     (a)  where notice is to be served on only one person—the day on which notice is served on that person; or

                     (b)  where notice is to be served on 2 or more persons:

                              (i)  if notice is served on those persons on the same day—that day; or

                             (ii)  if notice is served on those persons on different days—the later or latest of the days on which notice is so served;

mortgagee includes a mortgagee deemed to be registered by virtue of this Part.

94  Registrar may defer registration etc.

             (1)  Notwithstanding anything to the contrary contained in this Act, during the period of 14 days commencing on the commencing date, the Registrar may defer until the expiration of that period:

                     (a)  the doing of any thing relating to documents lodged, or produced for lodgment;

                     (b)  the making of any record or entry in the Register;

                     (c)  the registration of any ship or of any matter; or

                     (d)  the doing of any thing incidental to the registration of a ship or of any matter.

             (2)  Documents produced for lodgment, or lodged, during the period referred to in subsection (1), in relation to which the Registrar has deferred the making of a record or entry in the Register, or the doing of any other thing, shall, after the expiration of that period, be dealt with in the order in which they were received by the Registrar.

             (3)  Where, in relation to a ship, any document has been produced for lodgment, or lodged, during the period referred to in subsection (1), and the Registrar has deferred the making of a record or entry in the Register, or the doing of any other thing, relating to the document during that period, then, for the purpose of making a record or entry in the Register, or doing any other thing, relating to the document after the expiration of that period:

                     (a)  in the case of a document produced for lodgment, if the Registrar considers that the document is in a form satisfactory for lodgment—the document shall be deemed to have been lodged on the date on which, and at the time when, it was so produced; and

                     (b)  in the case of a document lodged—the record or entry made in the Register, or the thing done, relating to the document shall be deemed to have been made or done on the date on which, and at the time when, it was lodged.

95  Regulations for transitional purposes

             (1)  The regulations may make provision for and in relation to any matter arising from, consequential upon or otherwise connected with the operation of this Part.

             (2)  The power to make regulations under subsection (1) extends to the making of regulations expressed to take effect on and from a date earlier than the date of the making of the regulations, not being a date earlier than the commencing date.


Notes to the Shipping Registration Act 1981

Note 1

The Shipping Registration Act 1981 as shown in this compilation comprises Act No. 8, 1981 amended as indicated in the Tables below.

All relevant information pertaining to application, saving or transitional provisions prior to 1 October 2001 is not included in this compilation. For subsequent information see Table A.

Table of Acts

Act

Number
and year

Date
of Assent

Date of commencement

Application, saving or transitional provisions

Shipping Registration Act 1981

8, 1981

25 Mar 1981

26 Jan 1982 (see Gazette 1981, No. G51, p. 2)

 

Statute Law (Miscellaneous Provisions) Act (No. 1) 1983

39, 1983

20 June 1983

S. 3: 18 July 1983 (a)

S. 7(1)

Shipping Registration Amendment Act 1984

16, 1984

26 Apr 1984

Ss. 1 and 2: Royal Assent
S. 8: 1 Oct 1986 (see Gazette 1986, No. S491)
Remainder: 1 Oct 1985 (see Gazette 1985, No. S394)

Ss. 9(2) and 28

as amended by

 

 

 

 

Statute Law (Miscellaneous Provisions) Act (No. 2) 1984

165, 1984

25 Oct 1984

S. 3: (b)

S. 6(1)

Public Service Reform Act 1984

63, 1984

25 June 1984

S. 151(1): 1 July 1984 (see Gazette 1984, No. S245) (c)

S. 151(9)

Statute Law (Miscellaneous Provisions) Act (No. 2) 1985

193, 1985

16 Dec 1985

S. 3: (d)

S. 16

Statute Law (Miscellaneous Provisions) Act (No. 1) 1986

76, 1986

24 June 1986

S. 3: (e)

S. 9

Statute Law (Miscellaneous Provisions) Act 1987

141, 1987

18 Dec 1987

S. 3: Royal Assent (f)

S. 5(1)

Admiralty Act 1988

34, 1988

22 May 1988

1 Jan 1989 (see Gazette 1988, No. S359)

Transport Legislation Amendment Act 1988

57, 1988

15 June 1988

Ss. 3(1), (2), 5, 6, 17 and 18: 1 July 1988 ( see Gazette 1988, No. S193)
S. 7: 1 May 1989 (see Gazette 1989, No. S150)
Ss. 10–12, 14 and 15: 13 June 1986 (see s. 2(2) and Gazette 1986, No. S269)
Remainder: Royal Assent

S. 3(6)

ANL (Conversion into Public Company) Act 1988

127, 1988

14 Dec 1988

S. 11: 1 July 1989 (see Gazette 1989, No. S210) (g)

Australian Maritime Safety Authority Act 1990

78, 1990

22 Oct 1990

Ss. 35, 48, 62 and 63: 1 Jan 1991
Remainder: Royal Assent

S. 63(1) and (2)

Statute Law Revision Act 1996

43, 1996

25 Oct 1996

Schedule 5 (items 138–140): Royal Assent (h)

Public Employment (Consequential and Transitional) Amendment Act 1999

146, 1999

11 Nov 1999

Schedule 1 (items 815–817): 5 Dec 1999 (see Gazette 1999, No. S584) (i)

Transport and Regional Services Legislation Amendment (Application of Criminal Code) Act 2001

143, 2001

1 Oct 2001

2 Oct 2001

S. 4 [see Table A]

Maritime Legislation Amendment Act 2006

24, 2006

6 Apr 2006

Schedule 4 (items 1–5, 7–9): 7 Apr 2006
Schedule 4 (item 6): 6 Oct 2006

Personal Property Securities (Consequential Amendments) Act 2009

131, 2009

14 Dec 2009

Schedule 3 (items 15–38): 30 Jan 2012 (see F2011L02397)

Sch. 3 (items
33–38) [see Table A]

Crimes Legislation Amendment (Serious and Organised Crime) Act (No. 2) 2010

4, 2010

19 Feb 2010

Schedule 11 (item 16): 20 Feb 2010

Statute Law Revision Act 2010

8, 2010

1 Mar 2010

Schedule 5 (item 137(a)): (j)

Acts Interpretation Amendment Act 2011

46, 2011

27 June 2011

Schedule 2 (items 1038–1043) and Schedule 3 (items 10, 11): 27 Dec 2011

Sch. 3 (items 10, 11) [see Table A]


(a)     The Shipping Registration Act 1981 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1983, subsection 2(1) of which provides as follows:

                 (1)   Subject to this section, this Act shall come into operation on the twenty‑eighth day after the day on which it receives the Royal Assent.

(b)     The Shipping Registration Amendment Act 1984 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1984, subsection 2(24) of which provides as follows:

               (24)   The amendments of the Shipping Registration Amendment Act 1984 made by this Act shall come into operation, or be deemed to have come into operation, as the case requires, on the commencement of section 20 of that Act.

Section 20 commenced on1 October 1985 (see Gazette 1985, No. S394).

(c)     The Shipping Registration Act 1981 was amended by subsection 151(1) only of the Public Service Reform Act 1984, subsection 2(4) of which provides as follows:

                 (4)   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.

(d)     The Shipping Registration Act 1981 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1985, subsections 2(12)–(14) of which provide as follows:

               (12)   The amendment of section 41 of the Shipping Registration Act 1981 made by this Act shall come into operation, or shall be deemed to have come into operation, as the case may be, immediately after the commencement of section 15 of the Shipping Registration Amendment Act 1984.

               (13)   The amendments of paragraphs 47C(a) and (b) of the Shipping Registration Act 1981 made by this Act shall come into operation, or shall be deemed to have come into operation, as the case may be, immediately after the commencement of section 18 of the Shipping Registration Amendment Act 1984.

               (14)   The amendments of subsections 74(1) and (2) of the Shipping Registration Act 1981 made by this Act shall come into operation, or shall be deemed to have come into operation, as the case may be, immediately after the commencement of section 23 of the Shipping Registration Amendment Act 1984.

Sections 15, 18 and 23 commenced on 1 October 1985 (see Gazette 1985, No. S394).

(e)     The Shipping Registration Act 1981 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1986, subsections 2(1), (22) and (23) of which provide as follows:

                 (1)   Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.

               (22)   The amendment of section 22B of the Shipping Registration Act 1981 made by this Act shall come into operation, or shall be deemed to have come into operation, as the case may be, immediately after section 8 of the Shipping Registration Amendment Act 1984 came or comes into operation.

               (23)   The amendment of subsection 47A(1) of the Shipping Registration Act 1984 made by this Act shall be deemed to have come into operation immediately after section 18 of the Shipping Registration Amendment Act 1984 came into operation.

Section 8 commenced on 1 October 1986 (see Gazette 1986, No. S491).

Section 18 commenced on 1 October 1985 (see Gazette 1985, No. S394).

(f)      The Shipping Registration Act 1981 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act 1987, subsection 2(1) of which provides as follows:

                 (1)   Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.

(g)     The Shipping Registration Act 1981 was amended by section 11 only of the ANL (Conversion into Public Company) Act 1988, subsection 2(3) of which provides as follows:

                 (3)   Section 6, subsection 7(2) and sections 9 and 11 commence on a day to be fixed by Proclamation.

(h)     The Shipping Registration Act 1981 was amended by Schedule 5 (items 138–140) only of the Statute Law Revision Act 1996, subsection 2(1) of which provides as follows:

                 (1)   Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent.

(i)      The Shipping Registration Act 1981 was amended by Schedule 1 (items 815–817) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:

                 (1)   In this Act, commencing time means the time when the Public Service Act 1999 commences.

                 (2)   Subject to this section, this Act commences at the commencing time.

(j)      Subsection 2(1) (items 31 and 38) of the Statute Law Revision Act 2010 provides as follows:

                 (1)   Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

31.  Schedule 5, items 1 to 51

The day this Act receives the Royal Assent.

1 March 2010

38.  Schedule 5, Parts 2 and 3

Immediately after the provision(s) covered by table item 31.

1 March 2010


Table of Amendments

ad. = added or inserted     am. = amended     rep. = repealed     rs. = repealed and substituted

Provision affected

How affected

Part I

 

S. 3 .....................................

am. No. 16, 1984; No. 141, 1987; No. 127, 1988; No. 78, 1990; No. 43, 1996; No. 146, 1999; No. 143, 2001; No. 131, 2009; No. 4, 2010

Ss. 9, 10 .............................

am. No. 16, 1984

S. 11 ...................................

am. No. 43, 1996

S. 11A ................................

ad. No. 143, 2001

Part II

 

Division 1

 

S. 12....................................

am. No. 141, 1987; No. 78, 1990; No. 143, 2001

S. 13 ...................................

am. No. 16, 1984

Division 2

 

S. 20 ...................................

am. No. 143, 2001

S. 21 ...................................

am. No. 16, 1984; No. 43, 1996

S. 22 ...................................

am. No. 43, 1996

S. 22A ................................

ad. No. 16, 1984

 

am. No. 43, 1996

S. 22B ................................

ad. No. 16, 1984

 

am. No. 76, 1986; No. 43, 1996

S. 23....................................

am. No. 78, 1990

S. 24 ...................................

rep. No. 16, 1984

Division 3

 

S. 26 ...................................

am. No. 16, 1984; No. 43, 1996; No. 143, 2001

S. 27 ...................................

am. No. 43, 1996

Division 4

 

S. 30 ...................................

am. No. 143, 2001

Ss. 32, 33 ...........................

rs. No. 143, 2001

Part III

 

Heading to Part III.............

rs. No. 131, 2009

S. 35 ...................................

rep. No. 16, 1984

Ss. 36, 37 ...........................

am. No. 16, 1984

S. 37A ................................

ad. No. 16, 1984

 

rs. No. 57, 1988

 

am. No. 143, 2001

Ss. 38–40............................

rep. No. 131, 2009

S. 41 ...................................

am. No. 16, 1984; No. 193, 1985; No. 43, 1996

 

rep. No. 131, 2009

S. 42 ...................................

am. No. 16, 1984

 

rep. No. 131, 2009

Ss. 43, 44 ...........................

rs. No. 16, 1984

 

rep. No. 131, 2009

S. 44A ................................

ad. No. 24, 2006

 

rep. No. 131, 2009

S. 47 ...................................

am. No. 43, 1996; No. 131, 2009

Ss. 47A, 47B ......................

ad. No. 16, 1984

 

am. No. 76, 1986; No. 43, 1996; No. 131, 2009

S. 47C ................................

ad. No. 16, 1984

 

am. No. 193, 1985

S. 47D ................................

ad. No. 16, 1984

 

am. No. 131, 2009

S. 47E ................................

ad. No. 16, 1984

Part IV

 

S. 48 ...................................

am. No. 63, 1984; No. 78, 1990; No. 43, 1996

S. 49 ...................................

am. No. 43, 1996

S. 50....................................

am. No. 78, 1990

S. 51....................................

am. No. 78, 1990; No. 43, 1996; No. 46, 2011

Note to s. 51.......................

ad. No. 46, 2011

Ss. 52, 53 ...........................

am. No. 43, 1996; No. 146, 1999; No. 24, 2006

S. 54....................................

am. No. 78, 1990

Part V

 

S. 56....................................

am. No. 78, 1990

S. 57....................................

rs. No. 24, 2006

 

am. No. 8, 2010

S. 58 ...................................

am. No. 16, 1984; No. 78, 1990; No. 43, 1996; No. 131, 2009

Heading to s. 59................

rs. No. 131, 2009

S. 59A.................................

ad. No. 131, 2009

S. 61 ...................................

am. No. 143, 2001

Part VI

 

S. 62....................................

am. No. 141, 1987

S. 64 ...................................

am. No. 16, 1984 (as am. by No. 165, 1984); No. 143, 2001

S. 65 ...................................

am. No. 16, 1984; No. 43, 1996

S. 66 ...................................

am. No. 16, 1984; No. 43, 1996; No. 143, 2001; No. 24, 2006; No. 131, 2009

S. 67....................................

am. No. 78, 1990; No. 43, 1996

Ss. 68, 69............................

am. No. 141, 1987; No. 143, 2001

S. 70 ...................................

am. No. 43, 1996

S. 71 ...................................

am. No. 143, 2001

S. 72 ...................................

am. No. 43, 1996

S. 73 ...................................

am. No. 43, 1996; No. 143, 2001

S. 74 ...................................

am. No. 16, 1984; No. 193, 1985; No. 141, 1987; No. 57, 1988; No. 143, 2001; No. 131, 2009

S. 75....................................

am. No. 141, 1987

S. 77 ...................................

am. No. 43, 1996

S. 78 ...................................

am. No. 39, 1983; No. 16, 1984; No. 78, 1990

S. 79 ...................................

am. No. 131, 2009

Ss. 81, 82 ...........................

am. No. 16, 1984; No. 131, 2009

S. 83....................................

am. No. 46, 2011

Part VII

 

S. 88 ...................................

am. No. 43, 1996

S. 91....................................

am. No. 43, 1996

S. 92 ...................................

am. No. 16, 1984; No. 78, 1990; No. 43, 1996

S. 93....................................

am. No. 43, 1996

S. 94A ................................

ad. No. 16, 1984

 

rep. No. 34, 1988


Table A

Application, saving or transitional provisions

Transport and Regional Services Legislation Amendment (Application of Criminal Code) Act 2001 (No. 143, 2001)

4  Application of Amendments

             (1)  Each amendment made by this Act applies to acts and omissions that take place after the amendment commences.

             (2)  For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.

 

Personal Property Securities (Consequential Amendments) Act 2009
(No. 131, 2009)

Schedule 3

33  Application—items 15, 17 to 19 and 22 to 24

(1)       The amendments of the Shipping Registration Act 1981 made by items 15, 17 to 19 and 22 to 24 of this Schedule apply in relation to an interest of a mortgagor in a mortgage of a ship, or of a share in a ship, regardless of when the interest arose.

(2)       However, interests that are mortgages registered under the Shipping Registration Act 1981 before the time the items covered by subitem (1) commence have the priority between themselves that they would have had under that Act as in force immediately before that time, subject to Chapter 9 (Transitional provisions) of the Personal Property Securities Act 2009.

34  Application—item 20

The amendment of the Shipping Registration Act 1981 made by item 20 of this Schedule does not affect the validity or effectiveness of a caveat lodged under section 47A of the Shipping Registration Act 1981 before the time the item commences.

35  Application—item 21

The amendment of the Shipping Registration Act 1981 made by item 21 of this Schedule does not apply to an interest in relation to which a caveat has been lodged under section 47A of that Act before the time the item commences.

36  Application—item 25

The amendment of the Shipping Registration Act 1981 made by item 25 of this Schedule applies in relation to a registration under the Personal Property Securities Act 2009 with respect to a security interest regardless of when the security interest arises.

37  Application—item 27

The requirement in subsection 66(4) of the Shipping Registration Act 1981 (as in force immediately before the time item 27 of this Schedule commences) to give notice to a mortgagee stops applying at the time that item commences.

38  Application—items 28 and 29

The amendments of the Shipping Registration Act 1981 made by items 28 and 29 of this Schedule do not apply in relation to a contravention of a provision mentioned in subsection 74(1) or (2) of that Act (as in force immediately before the time the items commence) if the contravention occurred before that time.

Note:       The items in this Schedule commence at the registration commencement time within the meaning of section 306 of the Personal Property Securities Act 2009.

 

Acts Interpretation Amendment Act 2011 (No. 46, 2011)

Schedule 3

10  Saving—appointments

The amendments made by Schedule 2 do not affect the validity of an appointment that was made under an Act before the commencement of this item and that was in force immediately before that commencement.

11  Transitional regulations

The Governor‑General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments and repeals made by Schedules 1 and 2.