1 Name of Regulations [see Note 1]
These Regulations are the Shipping Registration
Regulations 1981.
2 Interpretation
(1) In these Regulations, unless the contrary intention
appears:
address means:
(a) in relation to a natural person — the
place at which, for the time being, the person resides.
(b) in relation to a company incorporated in
Australia — the place that is, for the time being, the registered office
of the company; and
(c) in relation to a person other than a person
referred to in paragraph (a) or (b) — the place that is, for the time
being, the principal place of business of the person in Australia or, if that
person has no place of business in Australia, the principal place of business
of that person.
call sign, in relation to a ship, means the
call sign for the time being of the radio station (if any), or the principal
radio station, of the ship.
certificate of competency means:
(a) a certificate as master issued under orders
made in pursuance of regulations made under the Navigation Act; or
(b) a certificate recognized for the purposes of
that Act as equivalent to a certificate of the kind referred to in paragraph
(a).
corporation means a person other than a
natural person.
home port, in relation to a ship, means the
port that is, for the time being, entered in the Register as the home port of
the ship.
moulded depth of a part of a ship, means the
vertical distance measured at that part of the ship from the top of the keel to
the underside of the upper deck at side, except that:
(a) if the ship is constructed of wood or
composite material, the distance is measured from the lower edge of the keel
rabbet; and
(b) if the form of the lower part of the midship
section of the ship is of a hollow character or if thick garboards are fitted,
the distance is measured from the point at which the line of the flat of the
bottom continued inwards intersects the side of the keel; and
(c) if the ship has rounded gunwales, the
distance is measured to the point of intersection of the moulded lines of the
deck and side shell plating, the lines extending as though the gunwales were of
angular design; and
(d) if the upper deck of the ship is stepped and
the raised part of the deck extends over the point at which the moulded depth
is to be determined, the distance is measured to a line of reference extending
from the lower part of the deck along a line parallel with the raised part.
moulded depth amidships, in relation to a
ship, means the moulded depth of the ship:
(a) in the case of a ship other than a ship
referred to in paragraph (b) — in the vertical plane that intersects the
centreline plane of the ship at right angles midway between the vertical lines
referred to in paragraphs 10 (1) (a) and (b) of the Act; or
(b) in the case of a ship in relation to which
the Registrar has made a determination under subsection 10 (2) of the
Act — in such vertical plane as the Registrar determines for the purposes
of this paragraph in relation to that ship.
name means:
(a) in relation to a natural person — the
full given names and surname of the person;
(b) in relation to a corporation — the full
name of the corporation;
(c) in relation to a registered ship — the
name by which the ship is for the time being registered; or
(d) in relation to an unregistered ship —
the name (if any) by which the ship is for the time being known.
Navigation Act means the Navigation Act
1912.
official number, in relation to a registered
ship, means the number by which the ship is identified in the Register.
place of construction, in relation to a ship,
means the place at which construction of the hull commenced.
prescribed office means:
(a) a Marine Survey Office maintained by the
Authority at a port in Australia; or
(b) the office of a proper officer.
prescribed characteristics, in relation to a
ship, means the characteristics specified in Schedule 1.
the Act means the Shipping Registration
Act 1981.
tonnage certificate, in relation to a ship,
means a certificate relating to the tonnage measurement of the ship issued
under, or otherwise having effect by virtue of, the Navigation Act.
(2) For the purposes of these Regulations, the
construction of a ship shall be taken to have been completed when the ship
becomes capable of navigating the high seas, whether under its own power or
otherwise.
(4) A reference in these Regulations to a form by number
shall be read as a reference to the form so numbered in Schedule 2.
3 Signature
of documents
(1) Subject to this regulation, a document that is
required by the Act or by these Regulations to be lodged with, or produced to,
the Registrar or a proper officer (including an instrument of appointment for
the purposes of subregulation (3) or (4)) shall be taken, for the purposes of
these Regulations, to have been duly signed by a person if:
(a) the document is dated and is signed, in the
presence of a witness:
(i) where that person is a natural
person — by that person; or
(ii) where that person is a
corporation — by an officer of the corporation; and
(b) there is subscribed to the signature of the
signatory referred to in paragraph (a):
(i) the signature of the witness;
(ii) a legible statement of the name
and address of the witness; and
(iii) where that signatory is a person
referred to in subparagraph (a) (ii) — a legible statement of the name and
designation of the signatory.
(2) Nothing in subregulation (1) shall be taken to
prevent:
(a) the formal execution of a document under the
corporate seal of a corporation; or
(b) the signature on behalf of a person of a
document by an attorney under power;
but, where a document is signed as mentioned in paragraph (b), the
power of attorney shall be produced for noting upon the lodgment of the
document in accordance with the Act or these Regulations.
(3) Subject to subregulation (6), subregulations (1) and
(2) apply in relation to a document that is required by a provision of these
Regulations to be duly signed by the owner of a ship as if the reference in
that provision to the owner of the ship were a reference:
(a) in the case of a ship that belongs to one
person only — to that person or to a person appointed by that person in
accordance with subregulation (5) for the purposes of this subregulation;
(b) in the case of a ship, being a ship required
to be registered, that belongs to more than one person — to one of the
persons to whom the ship belongs or to a person appointed by such a person in
accordance with subregulation (5) for the purposes of this subregulation; or
(c) in the case of a ship, being a ship
permitted to be registered, that belongs to more than one person — to a
person appointed in accordance with subregulation (5) for the purposes of this
subregulation by persons who:
(i) are the owners of interests in the
ship the sum of which is equal to not less than 33 shares in the property in
the ship; and
(ii) unless the ship is a ship on
demise charter to an Australian‑based operator, are Australian nationals.
(5) The appointment of a person for the purposes of
subregulation (3) shall be in writing and:
(a) shall specify the ship to which it relates;
(b) shall be duly signed by each person making
the appointment; and
(c) may consist of several documents in like
form, each duly signed by one or more of those persons.
(6) Where a document is signed by a person appointed for
the purposes of subregulation (3), the instrument of appointment of that person
shall be produced for noting upon the lodgment or production of the first‑mentioned
document in accordance with the Act or these Regulations.
4 Specification
of nationality of corporations
A requirement in these Regulations for the
specification in a document of the nationality of a person and the grounds on
which the person claims the nationality so specified shall be satisfied:
(a) in relation to a corporation other than a
corporation referred to in paragraph (b) or (c) — by the insertion in the
document of a statement setting out the nature and place of incorporation of
the corporation;
(b) in relation to a Government authority —
by the insertion in the document of the words ‘Government authority’; and
(c) in relation to a body politic other than
Australia, a State or a Territory — by the insertion in the document of
the words ‘Foreign Government’.
5 Lodgment
of documents
A document required by these Regulations to be
lodged with the Registrar shall be taken so to have been lodged if the
document, addressed to the Registrar, is received, together with any fee
payable on its lodgment:
(a) at the Registration Office; or
(b) except in the case of a bill of sale a
mortgage instrument or a caveat, at a branch office.
6 Service
etc of documents
(1) Subject to the Act and these Regulations, a notice
or other document that is required or permitted by the Act or these Regulations
to be given to, or served upon, a person by the Registrar may be so given or
served by delivering it, or sending it by properly pre‑paid post or by telegram
or facsimile transmission, to the person at the address that is last‑known to
the Registrar as the address of that person.
(2) Service of a notice or other document that is sent
to a person by telegram in pursuance of subregulation (1) shall be deemed,
unless the contrary is proved, to have been effected at the time at which the
telegram would be received in the ordinary course of transmission.
6A Tonnage
length
(1) For the purposes of subsection 10 (3) of the Act,
the tonnage length of a ship is:
(a) a length equal to 96 per cent of the total
length of the ship measured on a waterline that is at a distance, from the top
of the keel, equal to 85 per cent of the least moulded depth of the ship; or
(b) if the length of the ship measured from the
fore side of the stem to the axis of the rudder stock on that waterline is
greater than the length ascertained in accordance with paragraph (a) —
that greater length.
(2) In the case of a ship designed with a rake of keel,
the waterline on which the total length of the ship is to be measured for the
purposes of subregulation (1) shall be parallel to the designed waterline.
(3) In this regulation, least moulded depth
of a ship means the shortest measurable moulded depth of the ship.
7 Application
for registration
(1) Application under section 15 of the Act for the
registration of a ship shall be made by:
(a) lodging with the Registrar an application in
writing for the registration of the ship in accordance with subregulation (3);
(b) lodging with the Registrar:
(i) a document that satisfies, or
documents that satisfy, the requirements of subregulation (5) as to the
description of the ship;
(ii) a document that satisfies, or
documents that satisfy, the requirements of subregulation (6) as to the
ownership of the ship;
(iii) where the registration of the ship
depends upon its being a ship on demise charter to an Australian‑based
operator, a copy of the charterparty;
(iv) a declaration of ownership and
nationality in accordance with regulation 9;
(v) a notice in writing specifying the
name and address of the person who will be the registered agent of the ship
upon its being registered and duly signed by the owner of the ship and, where
the owner is not the person whose name and address are so specified, by that
person;
(vi) evidence in accordance with
regulation 20 that the ship has been marked in accordance with that regulation
with marks directed by the Registrar under subsection 26 (1) of the Act; and
(c) producing to the Registrar, for noting, the
licence or other document (if any) authorizing the use of a call sign in
relation to the ship.
(2) The documents referred to in paragraphs (1) (b) and
(c) shall be lodged with, or produced to, the Registrar within 12 months after
the lodgement of the application referred to in paragraph (1) (a).
(3) Subject to subregulation (4), an application
referred to in paragraph (1) (a) shall be duly signed by the owner of the ship
and shall specify:
(a) the type of the ship (in terms of its
purpose);
(b) the method of propulsion of the ship;
(c) the overall length of the ship;
(d) the principal material of construction of the
hull of the ship;
(e) in order of preference, 3 proposed names for
the ship;
(f) the proposed home port of the ship;
(g) where the ship has previously been registered
(whether in Australia or elsewhere), the year in which the ship was last so
registered and the following information in relation to the ship when so
registered:
(i) the register on which the ship was
registered;
(ii) the official number of the ship;
(iii) the registered name of the ship;
(iv) the home port, or port of registry,
of the ship; and
(h) where the ship has not previously been
registered in Australia:
(i) the name of the builder of the
ship;
(ii) the place of construction; and
(iii) the builder’s identification of
the ship or the name (if any) by which the ship is known.
(4) A statement in an application under subregulation
(1) to the effect that the owner of the ship is unable to supply the
information, or any part of the information, referred to in paragraph (g) or
(h) of subregulation (3), together with a statement of the reason for that
inability, shall be taken, for the purposes of that subregulation, to satisfy
the requirements of that paragraph.
(5) For the purposes of subparagraph (1) (b) (i), the
requirements of this subregulation as to the description of a ship are
satisfied:
(a) where the ship has not previously been
registered as mentioned in paragraphs (b) and (c):
(i) by a builder’s certificate in
accordance with regulation 8; or
(ii) where the owner, after taking all
reasonable action, is unable to obtain a builder’s certificate, by a statutory
declaration by a person acquainted with the facts of the matter specifying:
(A) the prescribed
particulars of the ship;
(B) such of the other
matters required by subregulation 8 (1) to be specified in a builder’s
certificate as are known to the person making the statutory declaration; and
(C) the grounds on which
that person asserts the veracity of matters specified in pursuance of clauses
(A) and (B);
(b) where the ship has previously been registered
in Australia, whether under the Act or under the previous law, by a statutory
declaration by a person acquainted with the facts of the matter specifying the
respects (if any) in which the description of the ship differs from the description
of the ship appearing in the Register or a register book, as the case requires,
immediately before the ship ceased or last ceased, to be so registered; or
(c) where the ship has been previously
registered under the provisions of the law of a foreign country relating to the
registration of ships in that country and the document (if any) issued under
that law that corresponds with a registration certificate contains the
information in respect of the ship that is required to be set out in a
builder’s certificate prepared in accordance with regulation 8 or any of that
information, by:
(i) that document; and
(ii) to the extent (if any) to which
that document does not contain that information or the information contained in
that document is in any respect incorrect, a statutory declaration by a person
acquainted with the facts of the matter setting out so much of that information
as is not contained, or is incorrectly stated, in that document.
(6) For the purposes of subparagraph (1) (b) (ii), the
requirements of this subregulation as to the ownership of a ship are satisfied:
(a) where the ship has not previously been
registered as mentioned in paragraphs (b) and (c), by:
(i) a builder’s certificate in
accordance with regulation 8; and
(ii) the relevant documents relating to
any changes in the ownership of the ship, whether occurring before or after the
date of that certificate;
or, where the ship was built and acquired by the owner in a place
outside Australia and that certificate or those documents are unavailable, by
the document by which the owner of the ship acquired the ownership of the ship;
(b) where the ship has previously been registered
in Australia, whether under the Act or under the previous law, by the relevant
documents relating to any changes in the ownership of the ship that have
occurred since the ownership of the ship was as specified in the Register or a
register book, as the case requires, immediately before the ship ceased, or
last ceased, to be so registered; or
(c) where the ship has previously been
registered under the provisions of the law of a foreign country relating to the
registration of ships in that country, by any document that is, under that law,
evidence of title to the ship.
(7) A reference in subregulation (6) to the relevant
documents in relation to any changes in the ownership of a ship shall be read,
in relation to each such change, as a reference to:
(a) a bill of sale or other document
transferring ownership of the ship, being a bill of sale or document signed by
each transferor and specifying the name of the ship, the nature and extent of
the interest in the ship to which the bill of sale or document relates and the
name and address of each transferor and transferee; and
(b) such of the documents evidencing change of
ownership referred to in subregulation 24 (1) as would be applicable if, at the
time of the change, the ship had been registered under the Act.
(8) The requirements of subregulation (5) or (6) as to
the description or ownership of a ship shall, for the purposes of subparagraph
(1) (b) (i) or (ii), as the case requires, be taken to be satisfied in relation
to any particulars of the description of the ship or of the history of the
ownership of the ship in relation to which the applicant for registration is
unable toproduce a document (other than a statutory declaration) specified in
that subregulation by a statutory declaration by a person acquainted with the
facts of the case setting out those particulars of the description of the ship
or of the history of the ownership of the ship.
(9) Where, by reason of the unavailability of a document
(including a statutory declaration) referred to in subregulation (6) or (8),
the requirements of subregulation (6) as to the ownership of a ship to which an
application under this regulation relates cannot be satisfied, then, subject to
subregulation (10), those requirements shall, for the purposes of subparagraph
(1) (b) (ii), be taken to be satisfied in relation to that ship by:
(a) such (if any) of the documents referred to
in subregulation (6) and (8) as are available in relation to the ship; and
(b) a statutory declaration by the person who
signed the application stating that, to the best of his knowledge, the person
in whose name, or the persons in whose names, the ship will, if the application
is successful, be registered are lawfully entitled to the ownership of the ship
as specified in paragraph 9 (b) and setting out the grounds for that belief.
(10) The documents referred to in paragraphs (9) (a) and
(b) shall not be taken to satisfy the requirements of subregulation (6) as to
the ownership of a ship unless, not less than 30 days before the lodgment of
the application, notice, in accordance with Form 1, of intention to make
application for the registration of the ship was published in the Gazette.
8 Builder’s
certificate
(1) Subject to subregulation (2), a builder’s
certificate in relation to a ship shall be duly signed by the builder of the
ship and shall specify:
(a) the name (if any) of the ship;
(b) the builder’s identification of the ship;
(c) the date of completion of the ship;
(d) the place of construction of the ship;
(e) the name and address of the builder;
(f) the name and address of the person for whom
the ship was built;
(fa) the date on which the ship was delivered or
handed over to the person
for whom the ship was built; and
(g) particulars of the prescribed characteristics
of the ship.
(2) Where a ship has been built in stages by more than
one builder:
(a) a builder’s certificate in relation to the
ship may consist of several documents in accordance with subregulation (1),
each of which relates to one or more of those stages; and
(b) a builder’s certificate that relates to all
of those stages, or a document referred to in paragraph (a) that relates to
more than one of those stages, shall be duly signed by all of the builders
responsible for the building work carried out in those stages.
(3) Without limiting the generality of subregulation
(2), where a ship that is the subject of an application for registration has
been altered (whether by the builder or by another person) after its
completion, the ship shall be taken, for the purposes of that subregulation, to
have been built in stages by more than one builder.
9 Declaration
of ownership and nationality
For the purposes of subparagraph 7 (1) (b) (iv), a
declaration of ownership and nationality shall:
(a) specify the ship to which it relates;
(b) specify, in relation to each person to whom
the ship belongs:
(i) the name, address and nationality
of the person;
(ii) the grounds on which the person
claims the nationality so specified;
(iii) the extent of the interest of the
person in the ship; and
(iv) the date on which that interest was
acquired;
(c) where the registration of the ship under the
Act depends on its being a ship on demise charter to an Australian‑based
operator, specify, in relation to each charterer under the charterparty:
(i) the name, address and nationality
of the charterer;
(ii) the grounds on which the charterer
claims the nationality so specified; and
(iii) the extent of the interest of the
charterer in the demise charter of the ship; and
(d) shall be duly signed by each person referred
to in paragraph (b) or (c);
and may consist of several documents in like form that, together,
contain the information required by paragraphs (a), (b) and (c) and are signed
in accordance with paragraph (d).
10 Prescribed
class of ships not required to be measured for tonnage
For the purposes of subsection 16 (2) of the Act,
there is prescribed a class of ships, each of which is a ship to which the
Tonnage Measurement Convention, within the meaning of Part XA of the
Navigation Act, does not apply, being ships in respect of which a certificate
relating to tonnage measurement:
(a) has not been issued under that Act; or
(b) does not otherwise have effect under that
Act.
11 Entry
of particulars in Register
(1) For the purposes of section 18 of the Act, the
prescribed particulars relating to a ship are the following particulars:
(a) a unique identifying number, to be known as
the official number;
(b) the name;
(c) the home port;
(d) the call sign (if any);
(e) the year of registration;
(f) the place of construction;
(g) the year of completion;
(h) the prescribed characteristics;
(j) in the case of a ship to which subsection 16
(1) of the Act applies:
(i) the gross tonnage;
(ii) the net or register tonnage; and
(iii) any alternative tonnages;
as
shown on the tonnage certificate;
(k) in relation to each person to whom the ship
belongs:
(i) the name, address and nationality
of the person; and
(ii) the extent of the interest of the
person in the ship.
(2) Where an entry is made in the Register under section
18 of the Act in respect of a ship that has previously been registered under
that section, the number referred to in paragraph (1) (a) shall be the number
that was the official number of the ship when it was so previously registered.
12 Grant
of registration certificate
A registration certificate granted under section 19
of the Act shall be in accordance with Form 2.
13 Particulars
of master to be endorsed on registration certificate of ship leaving Australia
or foreign port
(1) A registered ship may:
(a) depart from an Australian port to a place
outside Australia; or
(b) depart from a foreign port at which there is
a proper officer to Australia or any other foreign port;
only if there is endorsed on the registration certificate in
relation to each person who is, for the time being, authorized to be the master
of the ship:
(c) the name and address of the person; and
(d) where, under the Navigation Act, the person
is required to be the holder of a certificate of competency, the number of that
certificate.
(2) If a ship departs from a port and fails to comply
with subregulation (1), the owner and master of the ship are each guilty
of an offence.
Penalty: 5 penalty units.
(2A) An offence against subregulation (2) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(3) An endorsement for the purposes of subregulation (1)
shall not be made or cancelled, as the case may be, unless:
(a) there is lodged with the Registrar or, where
the registered ship is at a foreign port at which there is a proper officer,
with the proper officer:
(i) the registration certificate; and
(ii) a request in writing to that
intent duly signed by the registered agent or master of the ship; and
(b) where the request is signed by the master of
the ship, there is produced to the Registrar or the proper officer, for noting,
documentary evidence of the appointment of the master.
(4) The lodgment with the Registrar of documents
referred to in subregulation (3) shall be effected:
(a) in the manner specified in regulation 5; or
(b) by delivering the documents, addressed to the
Resistrar and accompanied by the relevant fee, to a prescribed office.
(5) The lodgment with a proper officer of documents
referred to in subregulation (3) shall be effected by delivering the documents,
addressed to the proper officer and accompanied by the relevant fee, to the
office of that officer.
14 New
certificates and provisional certificates
(1) An application under subsection 21 (1) of the Act
for the grant of a new registration certificate in respect of a ship shall:
(a) be in writing;
(b) specify:
(i) the name and official number of
the ship;
(ii) the reason why a new registration
certificate is required; and
(iii) where that reason is that the
registration certificate of the ship has been mislaid, lost or destroyed, the
circumstances of the mislaying, loss or destruction;
(c) be duly signed by the registered agent or
the master of the ship; and
(d) where the application is duly signed by the
master of the ship — have affixed to it documentary evidence of the appointment
of the master.
(2) A provisional registration certificate granted under
subsection 21 (2) or (7) of the Act shall be in accordance with Form 3.
(3) A provisional registration certificate shall not be
granted under subsection 21 (2) of the Act in relation to a ship unless:
(a) there is lodged with the Registrar or the
proper officer an application in writing duly signed by the registered agent or
master of the ship specifying:
(i) the particulars of the ship, of
its owners and of its registered agent as specified in the registration
certificate; and
(ii) the circumstances of the
mislaying, loss or destruction of the registration certificate; and
(b) where the application is signed by the master
of the ship, there is produced to the Registrar or the proper officer, for
noting, documentary evidence of the appointment of the master and of his
authority to sign the application.
(4) Where, after the grant in respect of a ship of a new
registration certificate under subsection 21 (1) or (7) of the Act by reason of
the registration certificate in respect of that ship having been lost or
mislaid, that registration certificate is found and is in the custody or
control of a relevant person, that person shall, before the expiration of the
relevant period, lodge that registration certificate with the Registrar for
cancellation.
(5) Where, after the grant in respect of a ship of a
provisional registration certificate under subsection 21 (2) or (7) of the Act
by reason of the registration certificate in respect of that ship having been
lost or mislaid, that registration certificate is found and is in the custody
or control of a relevant person, that person shall, before the expiration of
the relevant period, lodge with the Registrar notice in writing to that effect
together with the provisional registration certificate.
(6) For the purposes of subregulations (4) and (5):
(a) a person is a relevant person in relation to
a ship if that person is the master or registered agent of the ship or the
owner, or one of the joint owners, or owners in common, of one or more shares
in the ship; and
(b) the relevant period is the period of 30 days
commencing on:
(i) the date on which the registration
certificate was found; or
(ii) the date on which the registration
certificate came into the custody or control of the relevant person;
whichever
is the later date.
(7) A person who fails to comply with
subregulation (4) or (5) is guilty of an offence.
Penalty: 5 penalty units.
(8) An offence against subregulation (7) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(9) It is a defence to a prosecution under
subregulation (7) that the defendant had a reasonable excuse.
Note A defendant bears an evidential
burden in relation to whether or not he or she had a reasonable excuse for his
or her conduct (see subsection 13.3 (3) of the Criminal Code).
15 Provisional
certificates for ships becoming entitled to be registered when abroad
(1) A provisional registration certificate granted under
subsection 22 (1) or (6), or subsection 22A (1), (2) or (6) of the Act shall be
in accordance with Form 3.
(2) Subject to subregulation (3), a provisional
registration certificate shall not be granted by a proper officer under subsection
22 (1) of the Act or by the Registrar under subsection 22A (1) or (2) of the
Act in relation to a ship unless:
(a) there is lodged with the proper officer or
the Registrar, as the case requires, an application in writing duly signed by
the owner or the master of the ship specifying:
(i) the existing name (if any) of the
ship;
(ii) where the ship is unnamed, the
builder’s identification of the ship;
(iii) the proposed name of the ship;
(iv) the proposed home port of the ship;
(v) the call sign (if any) of the ship;
(vi) the name and address of the builder
of the ship;
(vii) the year of completion of the ship;
(viii) particulars of the prescribed
characteristics of the ship;
(ix) if the ship is a ship to which
subsection 16 (1) of the Act applies and a tonnage certificate is not in force
in relation to the ship:
(A) an estimate of the gross
tonnage of the ship;
(B) an estimate of the
register tonnage of the ship; and
(C) the identity of the
person by whom those estimates were made;
(x) particulars of any previous
registration of the ship;
(xi) in relation to each person to whom
the ship belongs:
(A) the name, address and
nationality of the person; and
(B) the extent of the
interest of the person in the ship;
(xii) if the application is in respect of
a ship the registration of which under the Act depends upon its being a ship on
demise charter to an Australian‑based operator:
(A) the name, address and
nationality of each charterer under the charterparty; and
(B) the extent of the
interest of each charterer in the demise charter of the ship;
(xiii) the date and manner of acquisition
of the ship by the present owner;
(xiv) the name, address and description of
each of the persons from whom the ship was acquired;
(xv) details of any application, being an
application for the registration of the ship under section 15 of the Act, that
has been lodged in accordance with regulation 7; and
(xvi) in relation to each person
authorized by the owner to be, at any time during the currency of the provisional
registration certificate, the master of the ship:
(A) the name and address of
the person; and
(B) where, under the
Navigation Act, the person is required to be the holder of a certificate of
competency, the number of that certificate; and
(b) there is produced to the proper officer or
the Registrar, as the case requires, for noting:
(i) the instrument (if any) by which
ownership of the ship passed to the owner named in the application;
(ii) where the application is signed by
the master of the ship, documentary evidence of his appointment as master and
of his authority to sign the application;
(iii) the tonnage certificate (if any)
that is in force in relation to the ship; and
(iv) where the ship has, at any time,
been registered under the law of a foreign country, documentary evidence that:
(A) the ship is no longer
registered under the law of that country; or
(B) 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 grant of the provisional registration
certificate.
(3) A statement in an application under subregulation
(2) to the effect that the person signing the application is unable to supply
the information referred to in subparagraph (2) (a) (ii), (vi), (vii), or (x),
together with a statement of the reason for that inability, shall be taken, for
the purposes of that subregulation, to satisfy the requirements of that
subparagraph and, where that inability is in respect of the information
referred to in subparagraph (2) (a) (x), subparagraph (2) (b) (iv) does not
apply in relation to that application.
(4) Where a provisional registration certificate granted
in respect of a ship ceases to have effect before the ship first arrives at, or
returns to, an Australian port after the grant, the person who has possession
of the certificate shall, within 30 days after the certificate so ceases to
have effect, lodge the certificate with the Registrar.
(5) A person who fails to comply with
subregulation (4) is guilty of an offence.
Penalty: 5 penalty units.
(6) An offence against subregulation (5) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(7) It is a defence to a prosecution under
subregulation (5) that the defendant had a reasonable excuse.
Note A defendant bears an evidential
burden in relation to whether or not he or she had a reasonable excuse for his
or her conduct (see subsection 13.3 (3) of the Criminal Code).
16 Extension
of period of currency of provisional certificate
An application under subsection 21 (5), 22 (4) or
22A (4) of the Act for the extension of the period during which a provisional
registration certificate is in force in respect of a ship shall:
(a) be in writing;
(b) specify:
(i) the name and official number (if
any) of the ship;
(ii) the date and place of issue of the
provisional registration certificate;
(iii) the name of the Australian port at
which it is expected that the ship will next arrive and the date on or near
which it is expected that the ship will arrive at that port; and
(iv) the reason for making the
application;
(c) be duly signed by the owner or the master of
the ship; and
(d) be lodged with the Registrar or a proper
officer.
17 Temporary
Passes
(1) Application for the grant of a temporary pass under
section 23 of the Act shall be made by lodging with the Registrar an
application in writing signed in accordance with subregulation (2), being an
application specifying:
(a) the name (if any) of the ship or, if the
ship has no name, the builder’s identification of the ship (if known to the
applicant);
(b) the year of completion of the ship (if known
to the applicant);
(c) the type of the ship (in terms of its
purpose);
(d) the method of propulsion of the ship;
(e) the principal material of construction of
the hull of the ship;
(f) the length of the ship;
(g) the name and address of the builder of the
ship (if known to the applicant);
(h) if the ship is a ship to which subsection 16
(1) of the Act applies and a tonnage certificate is not in force in relation to
the ship:
(i) the estimated gross tonnage of the
ship;
(ii) the estimated register tonnage of
the ship; and
(iii) the identity of the person by whom
those estimates were made;
(j) the name and address of each of the persons
to whom the ship belongs;
(k) where the application is signed as mentioned
in subregulation (3), the name and address of each person who is a charterer
under the charterparty;
(m) the port at which it is proposed that the
voyage be commenced;
(n) the port at which it is proposed that the
voyage be concluded;
(o) the anticipated duration of the voyage; and
(p) the reasons for seeking the grant of the
pass.
(2) Subject to subsection (3), an application under
subregulation (1) shall be duly signed by the owner of the ship or, where the
proposed voyage is to be undertaken by the builder of the ship for the purposes
of delivering the ship to the owner, by the builder.
(3) An application under subregulation (1) in relation
to a ship that is on demise charter (whether to an Australian‑based operator or
not) shall be taken to be signed in accordance with subregulation (2) if it is
duly signed:
(a) by each of the charterers under the
charterparty; or
(b) by a person appointed for the purposes of
this paragraph by instrument in writing duly signed by each of those
charterers.
(4) There shall be produced to the Registrar for noting,
at the time of lodgment of an application under subregulation (1):
(a) where the application is signed as mentioned
in subregulation (3) — documentary evidence of the grant by the owner of
permission for the undertaking by the ship of the voyage to which the
application relates or of voyages of a class in which that voyage is included;
(b) where the application is signed as mentioned
in paragraph (3) (b) — the instrument referred to in that paragraph; and
(c) the tonnage certificate (if any) in force in
relation to the ship.
(5) Upon receipt of an application under subregulation
(1), the Registrar shall forward the application, together with such other
documents as he thinks fit, to the Minister for his consideration.
(6) A temporary pass granted under section 23 of the Act
shall be in accordance with Form 4.
(7) Subject to subregulation (8), where:
(a) a voyage specified in a temporary pass
granted under section 23 of the Act is completed or abandoned; or
(b) the period of validity of such a pass
expires;
the person who has possession of the pass
shall, within 10 days after the occurrence of the event referred to in
paragraph (a) or (b), surrender the pass by:
(c) lodging it with the Registrar; or
(d) delivering it to a proper officer.
(8) Where, by reason of circumstances beyond the control
of the person referred to in subregulation (7), it is not practicable for that
person to surrender the pass within the time specified in that subregulation,
that person shall surrender the pass as soon as it is practicable to do so.
(9) A person who fails to comply with
subregulation (7) or (8) is guilty of an offence.
Penalty: 5 penalty units.
(10) An offence against subregulation (9) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(11) It is a defence to a prosecution under
subregulation (9) that the defendant had a reasonable excuse.
Note A defendant bears an evidential
burden in relation to whether or not he or she had a reasonable excuse for his
or her conduct (see subsection 13.3 (3) of the Criminal Code).
19 Change
of name, address or nationality
(1) Where a change occurs in:
(a) the name, address or nationality of a person
whose name appears in the Register as that of an owner or charterer of a ship;
or
(b) the name of the person whose name appears in
the Register as that of the registered agent of a ship;
the registered agent of that ship shall, within 14 days after the
change occurs, comply with the requirements of subregulation (3).
Penalty: 5 penalty units.
(2) Where a change occurs in the name or address of a
person whose name appears in the Register as that of a mortgagee of a ship,
that person shall, within 14 days after the change occurs, comply with the
requirements of subregulation (3).
Penalty: 5 penalty units.
(2A) An offence against subregulation (1) or (2) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(3) The requirements referred to in subregulations (1)
and (2) are as follows:
(a) to lodge with the Registrar:
(i) a notice of the change; and
(ii) in the case of a change in the
name of a natural person — a statutory declaration by a person well
acquainted with the facts of the case, and not having any direct or indirect
interest in the ship or its operation, to the effect that the person whose name
has changed is the same person as the person referred to in paragraph (1) (a)
or (b), or subregulation (2), as the case requires, and that the qualifications
of the declarant are as specified in this subparagraph;
(b) to produce to the Registrar for noting:
(i) in the case of a change in the
name of a natural person upon marriage — the relevant marriage
certificate;
(ii) in the case of a change in the
name of a natural person by deed poll — the relevant deed;
(iii) in the case of a change in the
name of a body corporate incorporated under a law relating generally to the
incorporation of companies, co‑operative societies or other bodies
corporate — a certificate of the change of name issued under that law; or
(iv) in the case of a change in the name
of a person other than a person referred to in subparagraph (i), (ii) or
(iii) — an authentic copy of the law or instrument by which the change was
effected.
(4) A notice lodged with the Registrar in pursuance of
subregulation (3) with respect to a change in the nationality of a person shall
set out particulars of the manner in which the change occurred.
20 Marking
of Ships
(1) Subject to this regulation, a ship shall, for the
purposes of section 26 of the Act, be marked as follows:
(a) the name of the ship shall be inscribed, in accordance
with subregulation (2), on each bow;
(b) the names of the ship and its home port shall
be inscribed, in accordance with subregulation (2):
(i) on the stern; or
(ii) if the configuration of the stern
is such that those names cannot be legibly displayed on the stern, on each side
of the hull as near as practicable to the stern; or
(iii) if compliance with subparagraph
(i) or (ii) is not practicable — on such other part or parts of the ship
as the Registrar permits;
(c) an inscription in accordance with
subregulation (3) shall be made, in a position in which it may readily be
inspected, on the main beam of the ship or, if the ship has no main beam or it
is impracticable so to make the inscription on the main beam, on another main
structural member or integral part of the ship.
(2) The inscriptions referred to in paragraphs (1) (a)
and (b) shall be made in the following manner:
(a) all alphabetical characters shall be in the
form of:
(i) upright sans serif block capital
letters, not being expanded or condensed forms of those letters, the height of
which is not less than 100 millimetres and the thickness of the strokes of
which is not less than 20%, and not more than 25%, of their height; or
(ii) lettering approved, either
generally or in a particular case, by the Registrar, being lettering that is
not less legible than lettering of the kind referred to in subparagraph (i);
(b) all numerals, whether Arabic or Roman, shall
be in a style matching that of the alphabetical characters;
(c) the inscription shall be applied in
waterproof paint of a colour that makes a distinct contrast with the colour of
the background on which it appears.
(3) The inscription referred to in paragraph (1) (c)
shall comprise:
(a) the letters ‘O.N.’ followed by the official
number of the ship; and
(b) either:
(i) the letters ‘N.T.’ followed by the
net tonnage of the ship as shown on its tonnage certificate;
(ii) the letters ‘R.T’ followed by the
register tonnage of the ship as shown on its tonnage certificate; or
(iii) where the ship is not a ship to
which section 16 (1) of the Act applies, the letters ‘L.O.A.’ followed by the
length of the ship in metres taken to 2 decimal places;
being letters and figures:
(c) that:
(i) are incised into the surface of
the portion of the ship to which they are applied; or
(ii) form part of the fabric of that
portion of the ship and project from the surrounding surface of that portion of
the ship; and
(d) the height of
which is:
(i) not less than 100 millimetres; or
(ii) where the portion of the ship to
which they are applied is such that compliance with subparagraph (i) is not
practicable, the maximum practicable height.
(4) Where, by reason of the nature of the constructional
features of a ship, there is no part of the ship that is readily identifiable
as a bow, or as the stern, of the ship, an inscription required by paragraph
(1) (a) or (b) to be made on a bow or on the stern of the ship, as the case
requires, shall be made on such part of the ship as the Registrar determines.
(5) Where, in the opinion of the Minister, it is
unreasonable to require compliance, or compliance in full, with the
requirements of paragraph (1) (a) or (b) in relation to a ship, or in relation
to ships included in a class of ships, the Minister may, by instrument in
writing, exempt the ship, or ships included in the class of ships, from the
requirements specified in the instrument, subject to compliance with the
conditions (if any) specified in the instrument.
(6) For the purposes of subsection 26 (1) of the Act, a
certificate in writing endorsed on or attached to a notice served on the owner,
or one of the owners, of a ship under that subsection, being a certificate
that:
(a) states that the ship to which the notice
relates has been marked in accordance with the requirements of this regulation
with marks directed by the Registrar by the notice; and
(b) is duly signed by the owner, or one of the
owners, of the ship;
is evidence that the ship has been marked in accordance with this
regulation with marks directed by the Registrar under that subsection.
21 Name
of registered ship and change of name
(1) An application under subsection 27 (2) of the Act
for a change in the name of a registered ship shall be made by lodging with the
Registrar a request in writing for approval of the change duly signed by the
owner or registered agent of the ship and specifying:
(a) the present name of the ship;
(b) the official number of the ship; and
(c) in order of preference, 3 proposed names for
the ship.
(2) For the purposes of subsection 27 (3) of the Act,
the following classes of names are prescribed classes of names:
(a) names of existing registered ships;
(b) names approved by the Registrar in respect of
ships in the course of registration;
(c) names that are likely to be confused with,
or mistaken for, names referred to in paragraphs (a) and (b);
(d) names that are blasphemous or likely to be
offensive to members of the public;
(e) names of, or suggesting connection with,
members of the Royal family or suggesting Royal patronage;
(f) names falsely suggesting connection with:
(i) the Crown;
(ii) the Commonwealth of Nations;
(iii) the Government of the
Commonwealth, of a State, of a Territory, of any other country or of any legal
subdivision of another country;
(iv) the United Nations;
(v) the Defence Force or an arm of the
Defence Force;
(vi) a government department, authority
or instrumentality of the Commonwealth, a State or a Territory; or
(vii) a municipal or other local
government authority;
(g) names that include a prefix comprising any
letter or letters capable of indicating a type of ship.
22 National
colours and other flags
(1) For the purposes of subsections 30 (2) and (3) of
the Act, a ship to which paragraph 30 (1) (a) of the Act applies shall fly the
red ensign:
(a) while entering or leaving, or otherwise
under way within, a port in daylight; and
(b) while berthed or at anchor in a port during
the period commencing at 8 o’clock in the morning on a day and ending at sunset
on that day.
(2) For the purposes of subsection 30 (2) of the Act, a
registered ship, other than a ship to which paragraph 30 (1) (a) of the Act
applies, shall fly the national flag or the red ensign while entering or
leaving, or otherwise under way within, a foreign port in daylight.
(3) When the national flag or the red ensign is flown by
a ship, it shall be flown at the stern or:
(a) where, by reason of the design of the ship
or the use to which it is put, it is not practicable to fly a flag at the
stern, as near as practicable to the stern; or
(b) where the design of the ship is such that it
has no stern, in such position as is approved by the Registrar in relation to
the ship by notice in writing given to the registered agent.
(4) Application under subsection 30 (10) of the Act
shall be made by lodging with the Registrar an application in writing signed in
the manner specified in subregulation (5), being an application specifying:
(a) the name of the ship;
(b) the port at which the ship is usually berthed
or moored;
(c) a description of the ship, including any
identifying markings;
(d) the name, address and nationality of each
person to whom the ship belongs;
(e) if the application relates to a ship of the
kind referred to in subparagraph 29 (1) (b) (iii) of the Act — the name,
address and nationality of each operator of the ship; and
(f) where a person, being:
(i) in the case of an application in
relation to a ship of the kind referred to in subparagraph 29 (1) (b) (i) or
(ii) of the Act — the person, or one of the persons, to whom the ship
belongs; or
(ii) in the case of an application in
relation to a ship of the kind referred to in subparagraph 29 (1) (b) (iii) of
the Act — the operator, or one of the operators, of the ship;
is not an Australian national, information as to the status of that
person as a resident of Australia.
(5) An application referred to in subregulation (4)
shall be taken, for the purposes of that subregulation, to have been signed in
the manner specified in this subregulation if:
(a) in the case of an application in relation to
a ship of the kind referred to in subparagraph 29 (1) (b) (i) of the Act —
it is duly signed by the owner of the ship;
(b) in the case of an application in relation to
a ship of the kind referred to in subparagraph 29 (1) (b) (ii) of the
Act — it is duly signed:
(i) where the ship belongs to one
person only — by that person; or
(ii) where the ship belongs to more
than one person — by a person appointed in accordance with subregulation
(6) for the purposes of this subregulation by persons who are the owners of
interests in the ship the sum of which is equal to not less than 33 shares in
the property in the ship; or
(c) in the case of an application in relation to
a ship of the kind referred to in subparagraph 29 (1) (b) (iii) of the
Act — it is duly signed:
(i) where the ship is operated by one
person only — by that person; or
(ii) where the ship is operated by more
than one person — by a person appointed in accordance with subregulation
(6) for the purposes of this subregulation by the persons by whom the ship is
operated.
(6) The appointment of a person for the purposes of
subregulation (5) shall be in writing and:
(a) shall specify the ship to which it relates;
(b) shall be duly signed by each person making
the appointment; and
(c) may consist of several documents in like
form each duly signed by one or more of the persons referred to in paragraph
(b).
(7) Where an application referred to in subregulation
(4) is signed by a person appointed for the purposes of subregulation (5), the
instrument of appointment of that person shall be produced for noting upon the
lodgment of the application.
(8) A certificate under subsection 30 (10) of the Act
shall be signed by the Registrar and sealed with the seal of the Registration
Office and shall:
(a) specify the name of the ship and of the port
at which it is usually berthed or moored;
(b) set out a description of the ship, including
any identifying markings;
(c) set out the name, address and nationality of
the person or persons to whom it is granted and indicate whether the
certificate is granted to that person or those persons as owner or owners, or
as operator or operators, of the ship; and
(d) where the person, or any of the persons, to
whom the certificate is granted is not an Australian national but is a resident
of Australia, contain a statement to that effect.
23 Transfer
of ship etc
(1) A bill of sale for the purposes of subsection 36 (1)
of the Act in relation to a ship shall:
(a) specify:
(i) the name and official number of
the ship;
(ii) the number of shares in the ship
to which the bill of sale relates;
(iii) the name and address of each
transferor;
(iv) the name and address of each
transferee; and
(v) particulars of any mortgage
registered in relation to the ship; and
(b) be duly signed by each transferor.
(2) A declaration of transfer made under subsection 36
(3) of the Act shall:
(a) be in writing;
(b) specify:
(i) the name and official number of
the ship; and
(ii) the date of the bill of sale to
which it relates;
(c) specify, in relation to each person who is a
transferee under the bill of sale, in addition to the matters referred to in
subsection 36 (3) of the Act:
(i) the grounds on which the person,
if a natural person, claims the nationality specified in the declaration in
relation to the person; and
(ii) the extent of the interest of the
person in the ship; and
(d) be duly signed by each transferee.
(3) Where, by reason of the transfer of a ship or a
share of a ship, there is a change in the person who is the registered agent of
that ship, the bill of sale in relation to the transfer shall, when lodged with
the Registrar in accordance with subsection 36 (2) of the Act, be accompanied
by a notice of change of the registered agent in accordance with subsection 64
(2) of the Act.
24 Transmission
of ship etc by operation of law
(1) For the purposes of subsection 37 (1) of the Act the
following evidence of lawful transmission is prescribed evidence:
(a) in the case of transmission upon the death
of a joint owner:
(i) a certificate of death or of
burial of the deceased person, or probate or letters of administration of the
estate of that person, or an office copy of any such document; and
(ii) a statutory declaration by a
person well acquainted with the facts of the case to the effect that the person
referred to in subparagraph (i) is the same person as the joint owner
named in the Register;
(b) in the case of transmission upon the death of
a sole owner or an owner in common:
(i) an instrument constituting a
person the legal personal representative, or constituting persons the legal
personal representatives, of the deceased person or an office copy of such an
instrument; and
(ii) an instrument identifying the
person who is to become, byreason of the transmission, the owner, or one of the
owners, of the ship or share; and
(c) in the case of transmission upon the making
of an order by a court — an office copy of the order.
(2) A declaration of transmission under subsection 37 (2)
of the Act shall:
(a) be in writing;
(b) specify:
(i) the name and official number of
the ship;
(ii) the name and address of the person
who has ceased, by reason of the transmission, to be the owner, or one of the
owners, of the ship or share; and
(iii) the name, address and nationality
of the person to whom the ship or share is transmitted; and
(c) be duly signed by the person to whom the
ship or share is transmitted.
25 Mortgage
of ship etc
For the purposes of subsection 38 (2) of the Act,
an instrument of mortgage of a ship or a share in a ship shall:
(a) specify:
(i) the name and official number of
the ship;
(ii) the number of shares affected;
(iii) the name and address of each
mortgagor; and
(iv) the name, address and nationality
of each mortgagee; and
(b) be duly signed by each mortgagor.
25A Mortgagee
to have power of disposal
A notice of intention to dispose of a ship or of a
share in a ship under subsection 41 (2) of the Act shall specify:
(a) the name and official number of the ship;
and
(b) the place, date and manner of the intended
disposal.
26 Transfer
of mortgage
An instrument of transfer under subsection 42 (1)
of the Act shall:
(a) specify:
(i) the name and official number of
the ship;
(ii) the name and address of each transferor;
(iii) the name, address and nationality
of each transferee; and
(iv) the amount of the consideration and
any conditions of the transfer;
(b) be duly signed by each transferor; and
(c) be affixed to the instrument of mortgage to
which it relates.
27 Transmission
of mortgage by operation of law
(1) A declaration of transmission under section 43 of
the Act shall:
(a) be in writing;
(b) specify:
(i) the name and official number of
the ship;
(ii) the name and address of each
person from whom the interest is transmitted; and
(iii) the name, address and nationality
of each person to whom the interest is transmitted; and
(c) be duly signed by each person to whom the
interest is transmitted.
(2) For the purposes of section 43 of the Act, the following
evidence of lawful transmission is prescribed evidence:
(a) in the case of transmission upon the death
of a joint mortgagee:
(i) a certificate of death or of
burial of the deceased person, probate or letters of administration of the
estate of that person or an office copy of any such document; and
(ii) a statutory declaration by a
person well acquainted with the facts of the case to the effect that the person
referred to in subparagraph (i) is the same person as the joint mortgagee named
in the Register;
(b) in the case of transmission upon the death of
a sole mortgagee — an instrument constituting a person the legal personal
representative, or constituting persons the legal personal representatives, of
the deceased person or an office copy of such an instrument; and
(c) in the case of transmission upon the making
of an order by a court — an office copy of the order.
28 Discharge
of mortgage
(1) The prescribed evidence, for the purposes of
subsection 44 (1) of the Act, of the discharge of a mortgage is a memorandum to
that effect endorsed on, or firmly affixed to, the instrument of mortgage and
duly signed by each mortgagee under the mortgage.
(2) For the purposes of subsection 44 (3) of the Act,
the prescribed particulars relating to the ship in respect of which a mortgage
was given, the mortgage and its discharge are the following particulars:
(a) the name and official number of the ship;
(b) the name and address of each mortgagor;
(c) the name and address of each mortgagee;
(d) the date of the mortgage;
(e) the date and time of entry of particulars of
the mortgage in the Register;
(f) the date of discharge of the mortgage;
(g) the reason why the instrument of mortgage
cannot be lodged with the Registrar.
28A Caveats
(1) A caveat under section 47A of the Act shall be in
accordance with Form 5.
(2) A notice under subsection 47A (4) of the Act shall
be in accordance with Form 6.
29 Obsolete
or incorrect entries in Register
The prescribed period for the purposes of section
58 of the Act is 30 days.
30 Registered
agent
(1) For the purposes of subsection 64 (2) of the Act,
the following information is prescribed:
(a) the name and official number of the ship;
(b) the name and address of the registered agent
as appearing in the Register;
(c) the name and address of the registered agent
as changed;
(d) the date on which the change occurred.
(2) In paragraph (1) (c), address has the
same meaning as in section 64 of the Act.
31 Alterations
to ships
(1) The prescribed manner, for the purposes of
subsection 65 (1) of the Act, for the giving of notice of an alteration to a
ship is the lodging with the person referred to in whichever of paragraphs (a),
(b) and (c) of that subsection is applicable of a notice in writing that:
(a) specifies:
(i) the name and official number of
the ship; and
(ii) the nature of the alteration;
(b) is duly signed by the registered agent of the
ship; and
(c) is accompanied by:
(i) a builder’s certificate in
accordance with subregulation (2) in relation to the alteration of the ship;
(ii) where, by reason of the alteration
of the ship, the tonnage certificate (if any) applicable to the ship
immediately before the making of the alteration is no longer correct in every
particular or the ship has become a ship to which subsection 16 (1) of the Act
applies, the tonnage certificate (if any) in force in relation to the ship as
altered; and
(iii) the registration certificate, or
provisional registration certificate, applicable in respect of the ship.
(2) Subject to subregulation (3), a builder’s
certificate in relation to the alteration of a ship shall be duly signed by the
builder, or, where the alteration relates only to the engines of the ship, by
the installer who undertook the alteration of the ship and shall specify:
(a) the name and registered number of the ship;
(b) the date of completion of the alteration of
the ship;
(c) the place at which the alteration of the
ship was undertaken;
(d) the name and address of the builder or
installer who undertook the alteration of the ship;
(e) the name and address of the person for whom
the alteration of the ship was undertaken;
(f) particulars of the prescribed
characteristics of the ship as altered; and
(g) if:
(i) by reason of the alteration of the
ship, the tonnage certificate (if any) applicable to the ship immediately
before the making of the alteration is no longer correct in every particular or
the ship has become a ship to which subsection 16 (1) of the Act applies; and
(ii) a tonnage certificate is not in
force in relation to the ship as altered;
the gross tonnage, and the register tonnage, of the ship as
altered, as estimated by the builder or installer who undertook the
alterations.
(3) Where the alteration of a ship has been carried out
in stages by more than one builder or, where the alteration relates only to the
engines of the ship, by more than one installer:
(a) a builder’s certificate in relation to the
alteration of the ship may consist of several documents in accordance with
subregulation (2), each of which relates to one or more of those stages; and
(b) a builder’s certificate that relates to all
of those stages, or a document referred to in paragraph (a) that relates to
more than one of those stages, shall be duly signed by all of the builders or
installers, as the case may be, responsible for the work carried out in those
stages.
(4) The time within which notice shall be given for the
purposes of subsection 65 (1) of the Act is:
(a) if the alteration is an alteration referred
to in paragraph 65 (1) (a) of the Act:
(i) the period ending 14 days after
the completion of the alteration; or
(ii) the period ending immediately
before the first departure of the ship from the port referred to in that
paragraph after the completion of the alteration;
whichever is the shorter period;
(b) if the alteration is an alteration referred
to in paragraph 65 (1) (b) of the Act:
(i) the period ending 14 days after
the first arrival of the ship at the port last referred to in that paragraph
after the completion of the alteration; or
(ii) the period ending immediately
before the first departure of the ship from that port after the completion of
the alteration;
whichever is the shorter period; or
(c) in any other case — the period ending
14 days after the completion of the alteration.
(5) A provisional registration certificate granted under
subsection 65 (1) of the Act shall be in accordance with Form 3.
(6) The statement required by subsection (3) of section
65 of the Act to be forwarded by a proper officer to the Registrar in relation
to the grant of a provisional registration certificate under that section shall
be in writing signed by the proper officer and shall specify:
(a) the name and registered number of the ship
to which the certificate relates; and
(b) the documents lodged with the proper officer
in pursuance of subregulation (1) in connection with the grant of the
certificate and their respective dates of lodgment.
(7) Where a proper officer grants a provisional
registration certificate under section 65 of the Act, he shall forward to the
Registrar, together with the documents referred to in subsection (3) of that
section, the documents referred to in subregulation (1).
(8) Where a ship is so altered as not to correspond with
the particulars relating to its net, or register, tonnage contained in the
Register, the Registrar shall not enter the alteration in the Register under
paragraph 65 (1) (c), or subsection 65 (6), of the Act unless the portion of
the inscription referred to in paragraph 20 (1) (c) that relates to the net,
or register, tonnage of the ship has been altered to correspond with the net,
orregister, tonnage of the ship as so altered.
32 Ship
lost etc or ceasing to be entitled to be registered
(1) Delivery of the registration certificate or
provisional registration certificate relating to a ship to the Registrar or a
proper officer under subsection (10) of section 66 of the Act shall be effected
within 30 days after the giving by the Registrar of a notice in writing in
accordance with subregulation (2) to a person whose name appeared on the
Register, immediately before the registration of the ship was closed or deemed
to be closed under that section, as the owner, or one of the owners, of the
ship.
(2) A notice of the kind referred to in subregulation
(1) shall:
(a) identify the ship to which it relates;
(b) set out particulars of the closure, or deemed
closure, of the registration of the ship; and
(c) contain a statement of the obligations, in
the circumstances, of the person having possession of the registration
certificate or provisional registration certificate.
33 Closure
of registration
(1) Application for the closure of the registration of a
registered ship, not being a ship that is required to be registered under the
Act, may be made by lodging with the Registrar:
(a) an application in writing for the closure of
the registration of the ship duly signed:
(i) in the case of a ship that belongs
to one person only — by that person; or
(ii) in the case of a ship that belongs
to more than one person — by a person appointed for the purpose by persons
who are the owners of interests in the ship the sum of which is equal to not
less than 33 shares in the property in the ship;
(b) where the application is signed by a person
appointed for the purpose in pursuance of subparagraph (a) (ii), the document
or documents constituting the appointment of that person; and
(c) the registration certificate or provisional
registration certificate, as the case requires.
(2) The appointment of a person in pursuance of
subparagraph (1) (a) (ii) for the purpose of signing an application referred to
in subregulation (1) shall be in writing and:
(a) shall specify the ship to which it relates;
(b) shall be duly signed by each person making
the appointment; and
(c) where the appointment is made by more than
one person, may consist of several documents in like form, each duly signed by
one or more of those persons.
(3) An application under subregulation (1) shall
specify:
(a) the registered name of the ship;
(b) the official number of the ship; and
(c) the home port of the ship.
(4) Where the Registrar receives an application under
subregulation (1) relating to a ship, he shall make an entry in the Register to
that effect, and the registration of the ship shall, subject to subregulation
(5), be deemed to be closed.
(5) Where a ship in relation to which the Registrar has
made an entry in the Register under subregulation (4) is subject to an
unsatisfied mortgage or mortgages, subsections 66 (4) to (9), inclusive, and 66
(11), of the Act apply in relation to the ship as if it were a ship to which
those subsections apply otherwise than by virtue of this subregulation.
33A Ships
exempted from the requirements of section 68 of the Act
(1) For the purposes of subsection 68 (4) of the Act,
the following classes of ships are prescribed:
(a) small craft operated by traditional
inhabitants;
(b) ships propelled only by means of oars.
(2) In this regulation:
Torres Strait Treaty means the Treaty between
Australia and the Independent State of Papua New Guinea that was signed at
Sydney on 18 December 1978;
traditional inhabitants has the same meaning
as in the Torres Strait Treaty.
34 Admissibility
of documents in evidence
For the purposes of subsection 77 (1) of the Act, a
certificate or pass issued under the Act or these Regulations is hereby
declared to be admissible in evidence.
35 Home
ports
(1) The port that may be selected as the home port of a
registered ship shall be one of the ports for the time being approved by the
Authority, by notice published in the Gazette, for the purposes of this
subregulation.
(2) The ports in Australia that were, immediately before
the commencement of the Act, ports of registry under the previous law shall,
until the publication of a notice under subregulation (1), be taken to be ports
for the time being approved by the Authority in accordance with that
subregulation.
(3) Application may be made for a change in the home
port of a registered ship by lodging with the Registrar a request in writing
that:
(a) specifies:
(i) the name and official number of
the ship;
(ii) the present home port of the ship;
and
(iii) the proposed home port of the
ship; and
(b) is duly signed by the registered agent of the
ship.
(4) Upon the receipt of an application under
subregulation (3), the Registrar shall, if the proposed home port is a port
that is, for the time being, a port that is, or is to be taken to be, a port
approved by the Authority for the purposes of subregulation (1), give notice in
writing to the registered agent to the effect that registration of the change
of home port in relation to the ship may proceed upon that part of the
inscription referred to in paragraph 20 (1) (b) that relates to the home port
of the ship being altered accordingly.
(4A) Where the Registrar gives a notice to the registered
agent of a ship under subregulation (4), the registered agent shall, within 30
days after the date of the notice, lodge with the Registrar a certificate in
writing endorsed on that notice and duly signed by the registered agent stating
that that part of the marking on the ship relating to the name of its home port
has been altered in a manner that complies with regulation 20.
(4B) A registered agent of a ship who fails to comply with
subregulation (4A) is guilty of an offence.
Penalty: 5 penalty units.
(4C) An offence against subregulation (4B) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(4D) It is a defence to a prosecution under
subregulation (4B) that the defendant had a reasonable excuse.
Note A defendant bears an evidential
burden in relation to whether or not he or she had a reasonable excuse for his
or her conduct (see subsection 13.3 (3) of the Criminal Code).
(5) Upon the receipt of:
(a) the certificate referred to in subregulation
(4A); and
(b) the ship’s registration certificate;
the Registrar shall:
(c) cause the new home port to be entered in the
Register in relation to the ship; and
(d) endorse the change of home port on the ship’s
registration certificate and return it to the registered agent.
36 Transfer
of registration from foreign ports of ships entitled to be registered
(1) Application under section 87 of the Act for the
registration of a ship shall be made by:
(a) lodging with the Registrar:
(i) an application in writing for the
registration of the ship duly signed by the owner of the ship;
(ii) where the registration of the ship
depends upon its being a ship on demise charter to an Australian‑based
operator, a copy of the charterparty;
(iii) a declaration of ownership and
nationality in accordance with regulation 9; and
(iv) a notice in writing duly signed by
the owner of the ship specifying the name and address of the person who will
be, or of each of the persons who will constitute, the registered agent of the
ship upon its being registered; and
(b) producing to the Registrar, for noting, the
licence or other document (if any) authorizing the use of a call sign in
relation to the ship.
(2) An application under subregulation (1) shall
specify:
(a) in order of preference, 3 proposed names for
the ship;
(b) the proposed home port of the ship;
(c) the foreign register concerned;
(d) the official number of the ship on that
register;
(e) the name of the ship appearing on that
register; and
(f) the home port, or port of registry, of the
ship appearing on that register.
36A Verification
of particulars — Registers kept under previous law etc
The prescribed period for the purposes of
subsection 92 (3) of the Act is 25 years.
37 Certificates
etc in respect of ships deemed registered under Act
(1) In this regulation:
elevant document means a certificate granted,
or other document granted or issued, under these Regulations;
relevant record means an entry or record
that, immediately before the date fixed under section 2 of the Act, appeared in
the register book kept at a port in Australia under the previous law in
relation to a ship that is deemed, on and from that date, to be registered
under the Act.
(2) Where a relevant document includes information in
relation to a ship that is expressed in terms of measurements other than
measurements in terms of which that information is required by these
Regulations to be expressed, that information may be expressed in a relevant
document in relation to that ship in terms of either or both of those
measurements.
(3) Where a relevant record includes information in
relation to a ship that is not required by the Act or these Regulations to be
entered in the Register, that information shall be omitted from a relevant
document in relation to that ship.
(4) Where a relevant record does not include information
in relation to a ship that is required by the Act or these Regulations to be
entered in the Register:
(a) the Registrar may take such action as is
reasonable for the purpose of obtaining that information; and
(b) the failure to include that information in a
relevant document granted or issued in relation to that ship at a time when the
Registrar is not in possession of that information shall not affect the
validity of that document.
38 Fees
(1) The fee prescribed in Schedule 3 in respect of a
matter specified in that Schedule shall be payable in respect of that matter.
(3) Where, as a result of a request made by the owner,
master or registered agent of a ship, an officer proceeds to a place outside
the limits of the port, or away from the place (not being a port), at which
that officer is usually stationed for the purpose of carrying out an inspection
of a ship under these Regulations, a fee equal to the travelling and
subsistence expenses that would have been necessarily incurred by the officer
if the officer had travelled to the ship from the nearest port, or place (not
being a port), at which an officer competent to carry out that inspection is
stationed and returned to that port, or place, is payable, by virtue of this
subregulation, in addition to any other fee payable under this regulation in
respect of that inspection, whether or not that inspection is carried out.
39 Extension
of time
(1) The Registrar may extend the time for the lodgement
of a document required by these Regulations to be lodged with him, and may so
extend that time although that time has expired.
(2) A request for an extension of time under this
regulation:
(a) shall be in writing duly signed by the
person making the request;
(b) shall set out the grounds of the request; and
(c) shall be lodged with the Registrar.
40 Verification
of information etc
(1) Subject to the Act and these Regulations, the
Registrar may, in relation to any document lodged with him or produced to him
for noting:
(a) require the verification, by statutory
declaration or otherwise, of:
(i) the authenticity of the document;
or
(ii) any information contained in the
document;
(b) require the submission to him of such further
documents or information as appear to him to be necessary in support of, or in
substitution for, a document, or information, referred to in paragraph (a); and
(c) refuse to make an entry in the Register, or
to perform any function or exercise any power under the Act or these
Regulations, to which a requirement under paragraph (a) relates until that
requirement is satisfied.
(2) A requirement under paragraph (1) (a) or (b) shall
be set out in a notice in writing signed by or on behalf of the Registrar and
given to:
(a) the person by whom the document to which the
requirement relates was lodged with, or produced to, the Registrar; or
(b) the person, or any one of the persons, in
whose interest that document was so lodged or produced.
(3) A notice setting out a requirement under
subregulation (1) for the verification of information relating to the identity,
nationality or residential status of a person may require:
(a) that the verification be by a statutory
declaration by a person other than the person to whom it relates who has known
the last‑mentioned person for a period of no less duration than that specified
in the notice; and
(b) that such a statutory declaration specify the
period during which the declarant has known the person to whom it relates.
41 Entries
in Register
(1) The Register must contain in respect of each entry
of a matter under subsection 56 (1) of the Act:
(a) the date and time the entry was made; and
(b) authentication of the entry by signature, or
other suitable means, by the Registrar or a Deputy Registrar.
(2) The date and time to be recorded in the Register
when an entry is made:
(a) for the purposes of subregulation (1); or
(b) for the purposes of making an endorsement
required by the Act or these Regulations to be made on any document;
is the date and time in the Australian Capital Territory determined
under the Standard Time and Summer Time Act 1972 of the Australian Capital
Territory at the moment that the entry is made.