37Transmission of ship etc. by operation of law

#### 37 Transmission of ship etc. by operation of law (1) Where a ship or a share in a ship is transmitted to a person by any lawful means other than by a transfer under section 36, a declaration of transmission made by that person under subsection (2) together with such evidence of transmission as is prescribed shall be lodged by that person with the Registrar within 14 days of that transmission taking place or within such longer period as the Registrar, in special circumstances, allows. (1A) The Registrar shall, as soon as practicable after the lodgment by a person of a declaration of transmission of a ship or a share in a ship together with such other evidence of transmission as is prescribed, enter in the relevant register the name of that person as owner of the ship or share. (2) A declaration of transmission for the purposes of subsection (1) shall be made in accordance with the regulations and, where the person entitled under the transmission is not the Commonwealth or a State or Territory, shall include: (a) in the case of the transmission of a ship, or a share in a ship, other than a small craft: (i) a statement specifying the nationality of the person entitled under the transmission or, where the person is a body corporate, the country in which it was incorporated; and (ii) a statement that, to the best of the knowledge and belief of the person making the declaration, the ship concerned will not cease to be an Australian‑owned ship by reason only of the transmission; or (b) in the case of the transmission of a ship, or a share in a ship, being a small craft: (i) a statement specifying the nationality of the person entitled under the transmission or, where the person is a body corporate, the country in which it was incorporated; (ii) a statement specifying the normal place of residence of the person entitled under the transmission or, where the person is a body corporate, the principal place of business of the body corporate; and (iii) a statement that, to the best of the knowledge and belief of the person making the declaration, the ship concerned will not cease to be an Australian‑owned ship or a ship referred to in paragraph 14(b) or (c) by reason only of the transmission. (3) Subsection (2) applies in relation to ships on demise charter to Australian‑based operators as if the statement required by subparagraph (2)(a)(ii) or (2)(b)(iii) were a statement that, to the best of the knowledge and belief of the person making the declaration, the ship concerned will not cease to be a ship on demise charter to an Australian‑based operator by reason only of the transmission.