Harbors and Navigation Regulations 2023
Subdiv 1Registration of vessels
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Subdivision 1—Registration of vessels 80—Application for registration (1) An application for registration of a vessel— (b) must correctly state— (i) the full name of the owner of the vessel; and (ii) if the owner of the vessel is an individual, the address at which the owner is ordinarily resident; and (iii) if the owner of the vessel is a body corporate, the address of the principal place of business in this State of the body corporate; and (c) must be accompanied by— (2) An applicant under this regulation must provide the CE with such further information and records as the CE may reasonably require to determine the application. 81—Grant of registration (1) Subject to this regulation, if a person applies for registration of a vessel in accordance with these regulations, the CE must grant the application unless satisfied that the vessel— (a) is not structurally sound or does not conform with the requirements of these regulations; or (b) does not have the equipment required by these regulations or that the equipment is not in working order; or (c) is unsafe; or (d) has been stolen or unlawfully obtained. (2) The CE may renew the registration of a vessel despite the registration having expired. (3) The CE may only register a vessel in the name of— (a) an individual who is of or above 16 years of age; or (b) a body corporate. (4) The CE must not— (a) grant the initial application to register a vessel under this Subdivision; or (b) grant an application to transfer the registration of a vessel under regulation 84; or (c) renew the registration of a vessel in a different name to the name in which the vessel is registered, unless the CE is satisfied— (d) that HIN plates have been fixed to the hull of the vessel (or, in the case of a multihulled vessel, to 1 of the hulls of the vessel) in accordance with Subdivision 6; or (e) that— (i) letters and numbers identifying the vessel in a form approved by the CE have been fixed in accordance with a law of another State or Territory of the Commonwealth or of another country that corresponds with Subdivision 6; and (ii) those letters and numbers have been recorded against the vessel by the appropriate authority pursuant to that law. (5) Subregulation (4) does not apply if— (a) more than 1 person is registered as the owner of a vessel; and (b) an application is made to— (i) transfer the registration to 1 or more of those registered owners under regulation 84; or (ii) renew the registration in the name of 1 or more of those registered owners (being a different name or names to those in which the vessel is currently registered). (6) The CE may refuse to register a vessel pending investigations (which may include inspection of the vessel) to verify any information disclosed in the application or any evidence provided by the applicant in response to a requirement of the CE. (7) If, on investigation under this regulation, the CE finds that any information disclosed in the application or any evidence provided by the applicant in response to a requirement of the CE is incorrect, the CE may refuse to register the vessel. (8) The CE may register a vessel under this Subdivision— (a) in the case of a personal watercraft—for a period of 6 or 12 months (at the option of the applicant); or (b) in the case of a vessel not more than 7 m in length—for a period of 6 or 12 months (at the option of the applicant); or (c) in the case of a vessel more than 7 m in length—for a period of 12 months. (9) Subject to these regulations, the registration of a vessel under this Subdivision remains in force until the last day of the period for which it was registered (and the registration may be renewed in accordance with any procedure determined by the CE). The fees for renewal of registration are set out in Schedule 11. (10) The CE may fix a common expiry date in respect of the registration of a number of vessels owned by the same person and may fix registration periods of such length, and adjust registration fees, as may be necessary for that purpose. 82—Certificate of registration The CE must, on registering a vessel under this Subdivision, issue a certificate of registration to the applicant for registration. 83—Marking of vessel (1) The CE must, on registering a vessel under this Subdivision, assign an identification mark to the vessel (if a mark has not already been assigned). (2) The CE may, at any time on the CE's own initiative or on application by the registered owner of a vessel, assign a new identification mark in substitution for a mark previously assigned and, on doing so, must issue a new certificate of registration. (3) An application for assignment of a new identification mark— (4) A vessel registered under this Subdivision must, as soon as practicable and in any event within 14 days of registration, have its identification mark painted or otherwise displayed as high as practicable on the outside of each bow, or in such other positions as are approved by the CE, as follows: (a) the identification mark must be in a colour that contrasts with the surface on which it is painted or displayed; (b) in the case of numbers included in the identification mark—the numbers must be in figures; (c) all characters in the identification mark must be at least— (i) if the vessel is less than 3 m in length—100 mm in height; or (ii) if the vessel is 3 m or more in length— (A) in the case of a personal watercraft—100 mm in height; or (B) in any other case, subject to any determination of the CE to the contrary—150 mm in height; (d) the identification mark must be clearly legible at a distance of not less than 50 m in clear weather conditions while the vessel is underway. (5) If the identification mark of a vessel is substituted, the new mark must be displayed on the vessel in accordance with this regulation— (a) if the reason for the substitution is a proposed transfer of ownership of the vessel—as soon as practicable but in any event before ownership of the vessel is transferred; or (b) in any other case—as soon as practicable. (6) A vessel must not be marked with— (a) the identification mark of another vessel; or (b) a mark that could be mistaken for an identification mark of another vessel. (7) If a vessel is marked in contravention of subregulation (6), the owner of the vessel is guilty of an offence. (8) If a vessel that is marked in contravention of subregulation (6) is operated in the jurisdiction, the operator of the vessel is guilty of an offence. 84—Transfer of registration (1) If ownership of a registered vessel is transferred, the new owner must, within 14 days of the transfer, or within such longer period as the CE may allow, give written notice to the CE of the change in the registered owner's name or address. (2) A person may apply for the registration of a vessel that is unexpired to be transferred to the new owner of a vessel. (3) An application for transfer of registration— (b) subject to subregulation (4), must be accompanied by— (4) Without limiting the power of the CE to waive or reduce fees under these regulations, the CE must, if they are satisfied that an application for transfer of registration of a vessel has been lodged only for the purpose of transferring registration of the vessel into the name of 1 or more of the vessel's joint owners following the death of a joint owner of the vessel, waive the fee fixed by Schedule 11 in respect of the application. (5) Subject to this Division, if a person applies for transfer of registration of a vessel in accordance with this regulation, the CE must grant the application. However, the CE must not grant the application unless HIN plates are fixed to the vessel in accordance with Subdivision 6—see regulation 81(4). 85—Refund of registration fees If registration of a vessel under this Subdivision is refused, the registration fee paid on application for registration will be refunded to the applicant less any amount accountable to a period of temporary registration (rounded to the nearest dollar). 86—Replacement certificates of registration (1) The CE must not issue a replacement certificate of registration in respect of a vessel unless— (a) the original (or previous replacement) certificate for the vessel has been returned to the CE; or (b) the CE is satisfied that the certificate has been lost, stolen or destroyed. (2) A replacement certificate of registration will only be issued on payment of the fee (if any) fixed by Schedule 11. 87—Notification of change of name or address The registered owner of a vessel must give written notice to the CE within 14 days of any change in the registered owner's name or address.