SHIPPING REGISTRATION ACT 1981 No. 8, 1981


SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - TABLE OF PROVISIONS


                         SHIPPING REGISTRATION ACT 1981
                                 No. 8 of 1981

                              TABLE OF PROVISIONS

                              PART I - PRELIMINARY
Section
  1. Short title
  2. Commencement
  3. Interpretation
  4. Repeal
  5. Act to bind the Crown
  6. Application of Act
  7. Act not to apply to Defence Force ships, &c.
  8. Australian-owned ships
  9. Ships on demise charter to Australian-based operators
  10. Determination of length of ship
  11. Registration of property in ships

                         PART II - REGISTRATION OF SHIPS

                            Division 1 - Registration

  12. Obligation to register Australian-owned ships
  13. Exemptions from registration
  14. Ships permitted to be registered
  15. Application for registration
  16. Tonnage measurement of ship before registration
  17. Foreign-registered ships not registrable under this Act
  18. Entry of particulars in Register

                      Division 2 - Registration Certificates

  19. Grant of registration certificate
  20. Custody of registration certificate
  21. New certificates and provisional certificates
  22. Provisional certificates for ships becoming entitled to be registered when
      abroad
  23. Temporary passes
  24. Change in ownership of ship or share
  25. Use of improper certificate

                           Division 3 - Identification

  26. Marking of ship
  27. Name of registered ship and change of name
  28. Power of Minister to disallow name proposed for ship

                  Division 4 - Nationality and National Colours

  29. Certain ships to have Australian nationality
  30. National colours and other flags
  31. Declaration of ship's nationality before clearance
  32. Improperly assuming Australian nationality
  33. Concealing Australian nationality

                PART III - TRANSFERS, TRANSMISSIONS AND MORTGAGES

  34. Interpretation
  35. Application of Australian Shipping Commission Act
  36. Transfer of ship, &c.
  37. Transmission of ship, &c., by operation of law
  38. Mortgage of ship, &c.
  39. Priority of mortgages
  40. Mortgage not to change ownership
  41. Mortgagee to have power of disposal
  42. Transfer of mortgage
  43. Transmission of mortgage by operation of law
  44. Discharge of mortgage
  45. Powers of disposal by owner
  46. Trusts not recognized
  47. Equities not excluded

                             PART IV - ADMINISTRATION

  48. Registrar and Deputy Registrars of Ships
  49. Functions and powers of Registrar
  50. Appointment of Registrar and Deputy Registrars

Back to Top

  51. Acting Registrar and Deputy Registrars
  52. Delegation by Minister
  53. Delegation by Registrar
  54. Registration Office
  55. Seal of Registration Office and signature of Registrar

                          PART V - THE REGISTER OF SHIPS

  56. Australian Register of Ships
  57. Inspection of Register
  58. Obsolete or incorrect entries in Register
  59. Rectification of Register
  60. Correction of clerical errors in Register
  61. False entries in Register

                             PART VI - MISCELLANEOUS

  62. Interpretation
  63. Liabilities of ships not registered
  64. Registered agent
  65. Alterations to ships
  66. Ship lost, &c., or ceasing to be entitled to be registered
  67. Power to inquire into ownership of registered ship
  68. Unregistered ships entitled to be registered not to leave Australia
  69. Unregistered ships entitled to be registered not to leave foreign ports
  70. Proceedings on forfeiture
  71. Detention of ships
  72. Taking officers to sea
  73. False statements, &c.
  74. Offences - general
  75. Prosecution of offences
Section
  76. Joinder of charges and penalties for certain offences
  77. Admissibility of documents in evidence
  78. Review of certain decisions
  79. Preservation of State and Territory legislation
  80. References in other laws
  81. Jurisdiction of Territory Supreme Courts
  82. Appeals
  83. Regulations

                        PART VII - TRANSITIONAL PROVISIONS

  84. Interpretation
  85. Additional operation of Part
  86. Ships registered in Australia under previous law deemed registered under
      this Act
  87. Transfer of registration from foreign ports of ships entitled to be
      registered
  88. Instruments, &c., made under previous law or corresponding foreign law
      continue in force
  89. Applications under previous law
  90. Certificates of registry may be recalled
  91. Registers kept under previous law in Australia incorporated with Register
  92. Verification of particulars in registers kept under previous law, &c.
  93. Ships deemed to be registered to cease to be registered if not entitled to
      be registered
  94. Registrar may defer registration, &c.
  95. Regulations for transitional purposes

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 1.
Short title.

                         SHIPPING REGISTRATION ACT 1981
                                 No. 8 of 1981

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

  BE IT ENACTED by the Queen, and the Senate and the House of Representatives
of the Commonwealth of Australia, as follows:

                               PART I - PRELIMINARY
Short title
  1. This Act may be cited as the Shipping Registration Act 1981.*1*

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 2.
Commencement

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

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 3.
Interpretation

  3. (1) In this Act, unless the contrary intention appears -

Back to Top


  "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;

  "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
sub-section 48 (2);

  "employee", in relation to the Australian Public Service, means a person
employed under section 82 of the Public Service Act 1922;

  "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 -

      (i) the Australian Shipping Commission;

      (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

Back to Top

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;

  "mortgage" means a mortgage registered under section 38;

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

  "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 and 30 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;

  "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) Charge' d'Affaires;

    (e) Counsellor, Secretary or Attache' 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 sub-section 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 -

Back to Top


    (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 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 is from time to time temporarily absent from
Australia;

  (b) a person, other than a body corporate, whose domicile is in Australia,
unless his 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 created by section 6, 7 or 7A of the Crimes Act 1914 in relation to
this Act.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 4.
Repeal

  4. The previous law is repealed.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 5.
Act to bind the Crown

  5. 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.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 6.
Application of Act

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

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 7.
Act not to apply to Defence Force ships, &c.

  7. 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.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 8.
Australian-owned ships

  8. (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;

Back to Top


  (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.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 9.
Ships on demise charter to Australian-based operators

  9. 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.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 10.
Determination of length of ship

  10. (1) For the purposes of this Act, the length of a ship shall, subject to
sub-section (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 length
of the ship under sub-section (1), the length of the ship shall be ascertained
in such manner as the Registrar determines.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 11.
Registration of property in ships

  11. (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), sub-section (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 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.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 12.
Obligation to register Australian-owned ships

Back to Top


                         PART II - REGISTRATION OF SHIPS

                            Division 1 - Registration
  12. (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 Minister 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 guilty of an offence, and, whether or not proceedings are
instituted for such an offence, the ship may be detained until registration is
effected.
  (4) It is not a defence to a prosecution under sub-section (3) that the ship
required to be registered is registered under the law of a foreign country.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 13.
Exemptions from registration

  13. Government ships, fishing vessels, pleasure craft and small craft are
exempt from the requirement to be registered under section 12.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 14.
Ships permitted to be registered

  14. 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.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 15.
Application for registration

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

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 16.
Tonnage measurement of ship before registration

  16. (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) Sub-section (1) does not apply to a prescribed ship, or ships included
in a prescribed class of ships.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 17.
Foreign-registered ships not registrable under this Act

  17. (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.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 18.
Entry of particulars in Register

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

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 19.
Grant of registration certificate

                      Division 2 - Registration Certificates
  19. 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.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 20.
Custody of registration certificate

  20. (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, without reasonable excuse, to deliver the certificate on
demand to the person entitled to the custody of it for the purposes of the

Back to Top

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.
  (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.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 21.
New certificates and provisional certificates

  21. (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 proper officer at that port shall, subject to the regulations, grant a
provisional registration certificate in respect of the ship in accordance with
the prescribed form.
  (3) Subject to sub-section (5), a provisional registration certificate
granted in respect of a ship under sub-section (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 shall forward a copy of the certificate to the
Registrar.
  (5) If, while a provisional registration certificate granted in respect of a
ship under sub-section (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 sub-section (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
sub-section (6), the Registrar shall, in his 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. 

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 22.
Provisional certificates for ships becoming entitled to be registered when
abroad


  22. (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 sub-section (4), a provisional registration certificate
granted in respect of a ship under this section has the same effect as a

Back to Top

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 shall forward a copy of the certificate to the
Registrar.
  (4) If, while a provisional registration certificate granted in respect of a
ship under sub-section (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 sub-section (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
sub-section (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 sub-section (6) has the same effect as a registration certificate for
such period after the date on which the certificate was granted as the
Registrar specifies in the certificate and, for the purposes of this Act and
of the lawful navigation of the ship, the ship shall be deemed to be
registered during that period.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 23.
Temporary passes

  23. (1) Where the Minister 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,
he 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.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 24.
Change in ownership of ship or share

  24. (1) Where a change occurs in the registered ownership of a ship or a
share in a ship, the person having possession of the ship's registration
certificate shall, in such manner, and within such time after the change
occurs, as are prescribed, lodge the certificate with the Registrar, together
with a statement in accordance with the regulations setting out particulars of
the change.
  (2) As soon as practicable after lodgment of the registration certificate
and statement, the Registrar shall endorse on the certificate, and enter in
the Register, particulars of the change of ownership.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 25.
Use of improper certificate

  25. 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.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 26.
Marking of ship

                           Division 3 - Identification
  26. (1) A ship shall not be registered until it has been marked in
accordance with the regulations.
  (2) Subject to sub-section (4), if the markings placed on a registered ship
in accordance with the regulations 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 sub-section 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


Back to Top

  (b) if the offender is a body corporate - by a fine not exceeding
  $2,000.
  (3) Subject to sub-section (4), a person shall not conceal, remove, alter,
deface or obliterate, or suffer any person under his control to conceal,
remove, alter, deface or obliterate, any marking that is on a registered ship
in accordance with the regulations.
  (4) Sub-sections (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.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 27.
Name of registered ship and change of name

  27. (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 sub-section (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 sub-section (2) -

  (a) he 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.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 28.
Power of Minister to disallow name proposed for ship

  28. 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
sub-section 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.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 29.
Certain ships to have Australian nationality

                  Division 4 - Nationality and National Colours
  29. (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 sub-section (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.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 30.
National colours and other flags

  30. (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;


Back to Top

  (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.
  (3) Subject to sub-sections (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.
  (4) If -

  (a) a ship is required by sub-section (3) to fly the national flag or the
red ensign at a particular time (in this sub-section 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 sub-section (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 sub-section (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 sub-section (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 sub-section (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 sub-section (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.
  (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 sub-section (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.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 31.
Declaration of ship's nationality before clearance

  31. (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 sub-section (1) shall be recorded on the
Certificate of Clearance.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 32.
Improperly assuming Australian nationality

Back to Top


  32. If, except for the purpose of escaping capture by an enemy, the master
or owner of a ship that is not an Australian ship does anything, or permits
anything to be done, for the purpose of causing the ship to appear 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.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 33.
Concealing Australian nationality

  33. If, except for the purpose of escaping capture by an enemy, the master
or owner of an Australian ship does anything, or permits anything to be done,
for the purpose of -

  (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;

  (b) deceiving any such person; or

  (c) causing the ship to appear 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.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 34.
Interpretation

                PART III - TRANSFERS, TRANSMISSIONS AND MORTGAGES
  34. In this Part, "ship" means a registered ship.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 35.
Application of Australian Shipping Commission Act

  35. This Part has effect subject to section 48 of the Australian Shipping
Commission Act 1956.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 36.
Transfer of ship, &c.

  36. (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 Registrar
shall, as soon as practicable after the lodgment of the bill of sale together
with a declaration of transfer made by the transferee under sub-section (3),
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 sub-section (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) Sub-section (3) applies in relation to ships on demise charter to
Australian-based operators as if the statement required by sub-paragraph (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.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 37.
Transmission of ship, &c., by operation of law

  37. (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, the Registrar shall,
as soon as practicable after the lodgment of a declaration of transmission

Back to Top

made by that person under sub-section (2), together with such evidence of the
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 sub-section (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) Sub-section (2) applies in relation to ships on demise charter to
Australian-based operators as if the statement required by sub-paragraph (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.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 38.
Mortgage of ship, &c.

  38. (1) A ship or a share in a ship may be made a security for the discharge
of an obligation by way of a mortgage under this Act.
  (2) The instrument of such a mortgage shall be made in accordance with the
regulations.
  (3) As soon as practicable after the lodgment of a mortgage instrument so
made, the Registrar shall register the mortgage by entering particulars of the
mortgage in the Register and shall endorse on the instrument the fact of the
entry having been made, together with the date and time of the making of the
entry.
  (4) Mortgage instruments lodged under this section shall be registered in
the order of their lodgment.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 39.
Priority of mortgages

  39. Where 2 or more mortgages are registered in respect of the same ship or
share in a ship, the priority among the mortgagees is in accordance with the
order of registration of the mortgages, irrespective of the dates upon which
they were made or executed and notwithstanding any express, implied or
constructive notice.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 40.
Mortgage not to change ownership

  40. A mortgage of a ship or of a share in a ship does not have the effect of
the mortgagee becoming, or the mortgagor ceasing to be, owner of the ship or
share except to the extent necessary to make the ship or share available as a
security under the mortgage.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 41.
Mortgagee to have power of disposal

  41. A mortgagee of a ship or of a share in a ship has power absolutely to
dispose of the ship or share and to give effectual receipts in respect of the
disposal, but where there are 2 or more mortgages of the same ship or share, a
subsequent mortgagee shall not, except under the order of a court of competent
jurisdiction, dispose of the ship or share without the consent of every prior
mortgagee.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 42.
Transfer of mortgage

  42. (1) A mortgage of a ship or of a share in a ship may be transferred by
an instrument of transfer made in accordance with the regulations.
  (2) Where a mortgage is so transferred, the Registrar shall, as soon as
practicable after the lodgment of the instrument, enter in the Register the

Back to Top

name of the transferee as the mortgagee of the ship or share the subject of
the mortgage and endorse on the instrument the fact of the entry having been
made, together with the date and time of the making of the entry.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 43.
Transmission of mortgage by operation of law

  43. Where the interest of a mortgagee in a mortgage of a ship or of a share
in a ship is transmitted to a person by any lawful means other than by a
transfer under section 42, the Registrar shall, as soon as practicable after
the lodgment of a declaration of transmission made by that person in
accordance with the regulations, together with such evidence of the
transmission as is prescribed, enter in the Register the name of that person
as mortgagee of the ship or share. 

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 44.
Discharge of mortgage

  44. Where a mortgage is discharged, the Registrar shall, as soon as
practicable after the lodgment of the mortgage instrument, together with such
evidence of the discharge of the mortgage as is prescribed, make an entry in
the Register to the effect that the mortgage has been discharged and, on that
entry being made, any interest of the mortgagee under the mortgage vests in
the person in whom, having regard to any intervening acts and circumstances,
it would have been vested if the mortgage had not been made.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 45.
Powers of disposal by owner

  45. 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.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 46.
Trusts not recognized

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

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 47.
Equities not excluded

  47. Subject to sections 41, 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 interest in the ship or share in the same manner as in respect
of any other personal property.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 48.
Registrar and Deputy Registrars of Ships

                             PART IV - ADMINISTRATION
  48. (1) There shall be a Registrar of Ships, who shall, under the Permanent
Head of the Department administered by the Minister, 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 Minister
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 power of
delegation under section 53.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 49.
Functions and powers of Registrar

  49. (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
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.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 50.
Appointment of Registrar and Deputy Registrars

  50. The Registrar and Deputy Registrars shall -

  (a) be appointed by the Minister; and

  (b) be officers of or employees in the Australian Public Service.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 51.
Acting Registrar and Deputy Registrars

  51. (1) The Minister may appoint an officer of or employee in the Australian
Public Service to act as Registrar, or as a Deputy Registrar -


Back to Top

  (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 office,
and may at any time terminate such an appointment.
  (2) An appointment of a person under sub-section (1) may be expressed to
have effect only in such circumstances as are specified in the instrument of
appointment.
  (3) Where a person is acting in an office in accordance with paragraph (1)
(b), and the office becomes vacant while that person is so acting, then,
subject to sub-section (2), that person may continue so to act until the
Minister otherwise directs or the vacancy is filled.
  (4) While a person is acting as the Registrar or as a Deputy Registrar under
this section, he has and may exercise all the powers, and shall perform all
the functions and duties, of the Registrar or a Deputy Registrar, as the case
may be, under this Act or any other law.
  (5) The validity of anything done by a person purporting to act under this
section shall not be called in question on the ground that the occasion for
his appointment had not arisen, that there is a defect or irregularity in or
in connection with his appointment, that the appointment had ceased to have
effect or that the occasion for him to act had not arisen or had ceased.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 52.
Delegation by Minister

  52. (1) The Minister may, either generally or as otherwise provided by the
instrument of delegation, by writing signed by him, delegate to an officer of
or employee in the Australian Public Service any of his powers under this Act,
other than this power of delegation.
  (2) A power so delegated, when exercised by the delegate, shall, for the
purposes of this Act, be deemed to have been exercised by the Minister.
  (3) A delegation under this section does not prevent the exercise of a power
by the Minister.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 53.
Delegation by Registrar

  53. (1) The Registrar may, either generally or as otherwise provided by the
instrument of delegation, by writing signed by him, delegate to an officer of
or employee in the Australian Public Service any of his powers under this Act,
other than this power of delegation.
  (2) A power so delegated, when exercised by the delegate, shall, for the
purposes of this Act, be deemed to have been exercised by the Registrar.
  (3) A delegation under this section does not prevent the exercise of a power
by the Registrar.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 54.
Registration Office

  54. (1) For the purposes of this Act -

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

  (b) the Minister 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 Minister by notice published in the Gazette.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 55.
Seal of Registration Office and signature of Registrar

  55. (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.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 56.
Australian Register of Ships

                          PART V - THE REGISTER OF SHIPS
  56. (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 Minister directs, shall be kept at such places as the Minister
directs.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 57.
Inspection of Register

Back to Top


  57. 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,
or branch office, as the case may be, is open for business and, on payment of
the prescribed fee, is entitled to be furnished with a copy of, or extract
from, any entry in the Register.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 58.
Obsolete or incorrect entries in Register

  58. (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 Minister has reason to suspect that -

    (i) any particulars entered in the Register in relation to the ship, other
than particulars relating to a mortgage, 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 Minister may, by notice in writing served
on the registered agent or any owner of the ship, require him to furnish to
the Minister, 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) If -

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

  (b) upon the furnishing of any information and documents in pursuance of
such a notice, the Minister is of the opinion that the circumstances justify
his so doing,
the Minister may, by notice in writing, give the Registrar such directions as
he thinks fit with respect to the closure of the registration relating to the
ship or with respect to any entry or amendment of an entry to be made in the
Register.
  (3) The Registrar shall comply with a direction given under sub-section (2)
and, where the Minister directs the closure of the registration relating to a
ship -

  (a) if the Minister states in the direction that he 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 except so far as it relates to any unsatisfied mortgage of the
ship; 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 sub-section 66
(1) stating that fact.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 59.
Rectification of Register

  59. (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.

Back to Top

  (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.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 60.
Correction of clerical errors in Register

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

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 61.
False entries in Register

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

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 62.
Interpretation

                             PART VI - MISCELLANEOUS
  62. 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;

  "unregistered ship" means a ship not registered under this Act or under the
law of a foreign country.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 63.
Liabilities of ships not registered

  63. (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 sub-section (1) applies shall be dealt with in the same manner
in all respects as if the ship were registered.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 64.
Registered agent

  64. (1) There shall be entered in the Register in respect of every
registered ship the name and address of the person who is, for the time being
-

  (a) in the case of a ship referred to in paragraph 14 (c) - the operator of
the ship;

  (b) in the case of a ship referred to in paragraph 14 (d) - the charterer 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 ship's agent or other person who
has the management of the ship; or

  (d) in any other case - the managing owner.
  (2) Where a change occurs in the person, or the address of the person,
referred to in sub-section (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
sub-section, lodge with the Registrar, within 14 days after the change occurs,
a notice of the change in the prescribed form.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 65.

Back to Top

Alterations to ships

  65. (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 Part II, 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 sub-section (4), a provisional registration certificate
granted in respect of a ship under sub-section (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 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 sub-section (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 sub-section (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
sub-section (5), the Registrar shall, subject to Part II, 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 sub-section (1), the obligation to give notice as required
by that sub-section 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
sub-section 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.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 66.
Ship lost, &c., or ceasing to be entitled to be registered

  66. (1) In the event of a registered ship -

  (a) being lost (whether actually or constructively), taken by an enemy,
burnt or broken up; or

  (b) ceasing to be entitled to be registered,
the owner of the ship shall, immediately after obtaining knowledge of the
event, unless notice has already been given to the Registrar under this
sub-section, give notice in writing of the event to the Registrar.
  (2) Where the Registrar receives a notice under sub-section (1) relating to
a ship, he shall make an entry in the Register of the event to which the

Back to Top

notice relates.
  (3) Where an entry has been made in the Register under sub-section (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 except so far as it
relates to any unsatisfied mortgage of the ship; 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.
  (4) Where a ship, in relation to which the Registrar has received a notice
under sub-section (1) stating that the ship has ceased to be entitled to be
registered, is subject to an unsatisfied mortgage or mortgages -

  (a) the registration of the ship, so far as it relates to the mortgage or
mortgages, shall, subject to sub-sections (5) and (6), not be deemed to be
closed; and

  (b) the Registrar shall give notice in writing to the mortgagee, or each
mortgagee, as the case may be, that he has received a notice under sub-section
(1) stating that the ship has ceased to be entitled to be registered.
  (5) Subject to this section, where the Registrar gives a notice under
sub-section (4) to the mortgagee or mortgagees of a ship, the registration of
the ship, so far as it relates to the mortgage or mortgages, shall be deemed
to be closed at the expiration of a period of 60 days after the date of the
notice. 
  (6) Where a mortgagee who has received a notice under sub-section (4) makes
application to the Supreme Court of a State or Territory within the period of
60 days after the date of the notice or within such extended time as the
Court, on application made either before or after the expiration of that
period, allows, the Court may do all or any of the following, namely -

  (a) order that the ship and the ship's equipment be sold;

  (b) make such other orders for and in relation to the distribution of the
proceeds of the sale as it thinks fit; and

  (c) make such orders and give such directions with respect to the closure of
the registration of the ship as it thinks fit (including, in the case of an
application for an extension of time, an order that the registration shall not
be deemed to be closed for such period as the Court determines).
  (7) Notice of an application made under sub-section (6) (including an
application for an extension of time) shall be served on the Registrar.
  (8) An order under sub-section (6) may be on such terms and conditions as to
costs and otherwise as the Court thinks fit.
  (9) The Registrar shall give effect to any orders and directions given by
the Court under this section so far as they relate to the Register.
  (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.
  (11) Nothing in this section shall be taken to prejudice any rights of a
mortgagee existing apart from this section.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 67.
Power to inquire into ownership of registered ship

  67. (1) Where the Minister has reason to suspect that a registered ship is
not entitled to be registered, he may, by notice in writing served on the
registered agent of the ship, require him to furnish to the Minister, 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
sub-section (1) fails to furnish to the Minister, within the period specified
in the notice, evidence to the satisfaction of the Minister that the ship is
entitled to be registered, the Minister 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 sub-section 66 (1) stating that fact.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 68.
Unregistered ships entitled to be registered not to leave Australia

  68. (1) An unregistered ship entitled to be registered 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 sub-section (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;

Back to Top

or

  (b) if the offender is a body corporate - by a fine not exceeding $5,000.
  (3) A Collector of Customs shall not grant a Certificate of Clearance in
respect of an unregistered ship entitled to be registered that is about to
depart from an Australian port to a place outside Australia.
  (4) Sub-sections (1) and (3) do not apply to a prescribed ship, or ships
included in a prescribed class of ships.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 69.
Unregistered ships entitled to be registered not to leave foreign ports

  69. (1) Where an unregistered ship entitled to be registered 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 sub-section (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.
  (3) Sub-section (1) does not apply to a prescribed ship, or ships included
in a prescribed class of ships.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 70.
Proceedings on forfeiture

  70. (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 sub-section (2).
  (2) Upon application being made under sub-section (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 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.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 71.
Detention of ships

  71. (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.
  (3) A Collector of Customs shall not grant a Certificate of Clearance in
respect of a ship that is detained under this Act.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 72.
Taking officers to sea

  72. If an officer is taken to sea in a ship without his 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.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 73.
False statements, &c.

  73. (1) A person who, by means of a statement that he knows to be false or
misleading or by means of a document that to his knowledge contains
information that is false or misleading, causes, or attempts to cause, 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.

Back to Top

  (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.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 74.
Offences - general

  74. (1) A person who contravenes or fails to comply with sub-section 20 (1)
or (2), 21 (6), 22 (5), 24 (1), 26 (3), 27 (1), section 61 or sub-section 64
(2), 65 (5) or 66 (1) or (10) is guilty of an offence.
  (2) Where the owner of a ship is guilty of an offence against sub-section 26
(2), 30 (9), section 33, sub-section 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 sub-section 12 (3), section 25, section 32 or 33 or
sub-section 73 (1) is an indictable offence and, subject to sub-section 75
(3), is punishable on conviction -

  (a) in the case of an offence against sub-section 12 (3) -

    (i) if the offender is a natural person - by a fine not exceeding $5,000;
or 

    (ii) if the offender is a body corporate - by a fine not exceeding
$10,000; or

  (b) in any other case -

    (i) 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

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

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 75.
Prosecution of offences

  75. (1) An offence against this Act, other than an offence referred to in
sub-section 74 (4), shall be prosecuted summarily.
  (2) Notwithstanding that an offence referred to in sub-section 74 (4) 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 sub-section (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 -

    (i) in the case of an offence against sub-section 12 (3) - a fine not
exceeding $2,000; or

    (ii) in any other case - 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.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 76.
Joinder of charges and penalties for certain offences

  76. (1) Charges against the same person for any number of offences against
sub-section 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

Back to Top

sub-section (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.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 77.
Admissibility of documents in evidence

  77. (1) A document declared by this Act (including sub-section (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 and sealed with the seal of the Registration Office.
  (3) The person to whose custody a document referred to in sub-section
(1)(other than a copy or extract referred to in sub-section (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, to any person applying for
such a copy or extract.
  (4) A document purporting to be a copy or extract supplied under sub-section
(2) or (3) is admissible in evidence.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 78.
Review of certain decisions

  78. (1) In sub-section (2), "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 Minister under sub-section 23 (1);

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

  (c) a determination made by the Registrar in the manner provided by
sub-section 87(1), or a refusal to make such a determination;
or

  (d) a decision of a proper officer under sub-section 22(1).

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 79.
Preservation of State and Territory legislation

  79. 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, the registration of a mortgage,
the transfer of a mortgage or the grant of nationality in relation to a ship.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 80.
References in other laws

  80. 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.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 81.
Jurisdiction of Territory Supreme Courts

  81. 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 59, 66 and 70.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 82.
Appeals

  82. (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 59, 66 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 sub-section (1).
  (3) Except as provided in sub-sections (1) and (2), no appeal lies from a
judgment or order referred to in sub-section (1).

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 83.
Regulations

Back to Top


  83. (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 sub-section (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 supply of copies of, or extracts from, entries in the Register or
documents forming part of, or associated with, the Register;


Back to Top

  (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.
  (4) The power conferred by sub-section (3) to make modifications by
regulation includes the power to omit any matter or add any new matter.
  (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.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 84.
Interpretation

                        PART VII - TRANSITIONAL PROVISIONS
  84. In this Part, unless the contrary intention appears, "commencing date"
means the date fixed under section 2.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 85.
Additional operation of Part

  85. 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.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 86.
Ships registered in Australia under previous law deemed registered under this
Act

  86. (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 sub-section (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.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 87.
Transfer of registration from foreign ports of ships entitled to be
registered

  87. (1) Subject to sub-section (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 -


Back to Top

  (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 firstmentioned
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, sub-sections
12 (3) and (4) do not apply in relation to a ship to which sub-section (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.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 88.
Instruments, &c., made under previous law or corresponding foreign law
continue in force

  88. (1) Subject to sub-sections (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 sub-sections (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 sub-section (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 may refuse to accept the instrument or document for the purposes of this
Act. 
  (4) Sub-sections (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.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 89.
Applications under previous law

  89. 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

Back to Top

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

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 90.
Certificates of registry may be recalled

  90. 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.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 91.
Registers kept under previous law in Australia incorporated with Register

  91. 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 shall be
retained by the Registrar and kept at the Registration Office.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 92.
Verification of particulars in registers kept under previous law, &c.

  92. (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, require him
-

  (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 registered agent of a ship on whom a notice is served under
sub-section (1) fails to verify a matter or particular, or to furnish any
information or documents, in accordance with the notice, and the Minister is
not satisfied that the ship is entitled to be registered, the Minister may, by
notice in writing given to the Registrar, 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 sub-section 66 (1) stating that
fact.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 93.
Ships deemed to be registered to cease to be registered if not entitled to be
registered

  93. (1) At any time after the expiration of the period of 6 months
commencing on the commencing date, the Registrar shall, if he 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.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 94.
Registrar may defer registration, &c.

  94. (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 sub-section (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 sub-section (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.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - SECT. 95.
Regulations for transitional purposes

  95. (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 sub-section (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.

SHIPPING REGISTRATION ACT 1981 No. 8, 1981 - NOTE


                                      NOTE

  1. Act No. 8, of 1981; assented to 25 March 1981.