In this Act, unless the contrary intention appears:

approved form means a form approved in an instrument under section 3B for the purposes of that provision.

Australia includes the external Territories.

Australian General Shipping Register means the Register referred to in subsection 56(1).

Australian International Shipping Register means the Register referred to in subsection 56(2).

Australian national means:

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.

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.

For the purposes of this Act, strict compliance with an approved form is not required and substantial compliance is sufficient.

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

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

The Authority may, by writing, approve a form for the purposes of a provision of this Act.

The Authority may approve different forms of a registration certificate, or a provisional registration certificate, for different kinds of ships.

(3) Subsection (2) does not limit subsection 33(3A) of the Acts Interpretation Act 1901.

The Authority must publish each approved form on its website.

This Act binds the Crown in each of its capacities.

This Act does not make the Crown liable to be prosecuted for an offence.

A reference in this Act to an Australian-owned ship shall be read as a reference to a ship that:

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

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) or 15B(a), (b) or (c)) on demise charter to:

In subsection (1), a reference to an Australian national does not include:

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

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

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

For the purposes of the registration of a ship:

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.

(1) The owner of a ship may make an agreement (a collective agreement) with the seafarers’ bargaining unit for the ship about the terms and conditions of employment or engagement of all the seafarers working on board the ship when it is used to engage in international trading.

(2) The seafarers’ bargaining unit for a ship is a body consisting of a representative from each employee organisation that:

The regulations may prescribe requirements in relation to the making of a collective agreement under this section.

(4) The Fair Work Act 2009 does not apply in relation to the making of a collective agreement under this section, and a collective agreement under this section is not an enterprise agreement for the purposes of that Act.

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.

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

The Registrar shall, as soon as practicable after the lodgment by the transferee of a bill of sale relating to the transfer of a ship or a share in a ship together with a declaration of transfer, register the bill of sale by entering in the relevant 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.

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

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

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

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

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

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

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

Where a ship or a share in a ship is transferred to a person by a bill of sale or transmitted to a person by other lawful means, the person who has possession or control of the ship’s registration certificate shall deliver the certificate to the person to whom the ship or share is transferred or transmitted:

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

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

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

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

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

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

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

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

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

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

A caveat may be withdrawn:

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

Upon entry in the relevant register of a caveat, the Registrar shall notify particulars of the caveat:

Any person notified, or required to be notified under subsection (1), of the entry in the relevant register of a caveat may, if he or she thinks fit, summon the caveator to attend before the Supreme Court of a State or Territory to show cause why the caveat should not be removed.

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

Subject to this section, so long as a caveat remains in force in respect of a ship or a share in a ship, the Registrar shall not, except with the consent in writing of a person entitled to withdraw the caveat, enter in the relevant register particulars of any dealing with that ship or share.

Subsection (1) shall not operate to prevent the entry in the relevant register of a dealing with a ship or a share in a ship which, when the caveat was lodged with the Registrar, had previously been lodged with the Registrar in a form satisfactory for entry in the relevant register.

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

There shall be a Registrar of Ships, who shall, subject to the control of the Authority, be responsible for the maintenance of the Registers and have chief control of the Registration Office.

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

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

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

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

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

For the purposes of this Act:

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

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.

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.

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.

There is to be a register, to be known as the Australian General Shipping Register.

There is to be a register, to be known as the Australian International Shipping Register.

The Registers are not legislative instruments.

The Registers may be inspected at the Registration Office.

The Registrar may also, to the extent that the Registers have been maintained in electronic form, provide for them to be inspected electronically otherwise than at the Registration Office by using the internet or another communications network that is prescribed by the regulations.

A person may inspect the Registers at any reasonable time during the hours when the Registration Office is open for business on payment of the fixed fee (if any) for the inspection.

A person is entitled to be provided with a copy of, or an extract from, any entry in the Registers on payment of the fixed fee (if any) for the copy or extract.

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

Where:

Where:

If the Authority is of the opinion that the failure of a person to comply with a notice served upon him or her under subsection (1) or any information or document furnished to him or her by the Registrar justifies the giving of directions under this subsection, the Authority may, by notice in writing, give the Registrar such directions as it thinks fit with respect to the closure of the registration relating to the ship or with respect to any entry or amendment of an entry to be made in the relevant register.

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

If:

Without limiting the generality of paragraph (1)(a), the reference in that paragraph to an entry omitted from the General Register or International 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 that register, but is not entered in, or is removed from, that register.

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 General Register or International Register.

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.

An office copy of an order under this section shall be served on the Registrar, and the Registrar must, upon receipt of the order, rectify the General Register or International Register accordingly.

This section applies if:

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

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

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

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

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

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

In this section:

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

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

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

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

A ship required to be registered that is not registered:

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

There must be entered in the General Register or International Register, in respect of every ship registered in that register, the name and address of the person who is to be the registered agent of the ship, being a person who is, for the time being:

Where a ship is registered pursuant to an application under section 15 or 15C, the name and address of the first person to be the registered agent of the ship must be entered in the relevant register forthwith after the registration of the ship.

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

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

The references in subsections (1), (1A) and (2) to the address of a person shall be read as references to:

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 relevant register, the registered agent shall give notice of the alteration, in such manner, and within such time, as are prescribed:

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

If a proper officer grants a provisional registration certificate under this section, he or she must forward the following to the Registrar:

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

The person who has possession of a provisional registration certificate granted in respect of a ship under subsection (1) shall, within 10 days after the ship first arrives at an Australian port after the grant, lodge the certificate with the Registrar.

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

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

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

If:

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

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

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

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.

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

If the registered agent of a ship on whom a notice is served under subsection (1) fails to furnish to the Authority, within the period specified in the notice, evidence to the satisfaction of the Authority that the ship is entitled to be registered, the Authority may, by notice in writing given to the Registrar, direct that the registration relating to the ship be closed and, upon receipt of such a notice by the Registrar, section 66 applies as if the ship had ceased to be entitled to be registered and the notice were a notice under subsection 66(1) stating that fact.

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

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

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

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

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

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

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

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

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

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

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

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:

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.

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 each commit an offence.

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

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

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

A person shall not:

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

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

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

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

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

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

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

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

Where a corporation commits 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, is taken to also have committed that offence and is punishable accordingly.

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

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

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

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

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

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

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

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

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

(1) In this section, decision has the same meaning as in the Administrative Review Tribunal Act 2024.

Applications may be made to the Administrative Review Tribunal for review of:

(3) Where the Authority, the Registrar or a proper officer makes a decision referred to in subsection (2) and gives to a person whose interests are affected by the decision notice in writing of the decision, that notice shall include a statement to the effect that, subject to the Administrative Review Tribunal Act 2024, an application may be made to the Administrative Review Tribunal for review of the decision by or on behalf of any person whose interests are affected by the decision.

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

An application may be made to the Chief Executive Officer of the Authority for review of a decision made by the Registrar under:

The regulations may make provision for review under this section.

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

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

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

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

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

The regulations may:

The penalties for offences or civil penalties referred to in subsection (5) must not be more than 50 penalty units for an individual or 250 penalty units for a body corporate.

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:

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

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.

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

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

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

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

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

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

Subject to subsections (3) and (4):

Subject to subsections (3) and (4):

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

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

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

If the person on whom a notice in respect of a ship is served under subsection (1) fails to verify a matter or particular, or to furnish any information or documents, in accordance with the notice, the Authority may, by notice in writing given to the Registrar, unless it has information that leads it to believe that the ship may still be entitled to be registered, direct that the registration relating to the ship be closed and, upon receipt of such a notice by the Registrar, section 66 applies as if the ship had ceased to be entitled to be registered and the notice were a notice under subsection 66(1) stating that fact.

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

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

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

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.

In this section:

last day on which the notice was served means:

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:

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

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

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.

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

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key— E ndnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history— E ndnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under Legislation Act 2003.section 15V of the

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history