65Alterations to ships

#### 65 Alterations to ships (1) Where a registered ship is so altered as not to correspond with the particulars relating to the ship’s tonnage or description contained in the relevant register, the registered agent shall give notice of the alteration, in such manner, and within such time, as are prescribed: (a) if the alteration is made at a foreign port at which there is a proper officer—to the proper officer at that port; (b) if the alteration is made outside Australia while the ship is at sea or at a foreign port at which there is no proper officer and, subsequently, but before arriving at an Australian port, the ship arrives at a foreign port at which there is a proper officer—to the proper officer at the first such port at which the ship so arrives; or (c) in any other case—to the Registrar; and: (d) where a notice of alteration is so given to a proper officer—the proper officer shall, subject to the regulations, grant a provisional registration certificate in respect of the ship in accordance with the approved form; or (e) where a notice of alteration is so given to the Registrar—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. (2) 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: (a) the ship arrives in an Australian port; or (b) the expiration of the period of 6 months commencing on the date on which the certificate was granted; whichever first happens. (3) If a proper officer grants a provisional registration certificate under this section, he or she must forward the following to the Registrar: (a) a copy of the certificate; (b) a statement in accordance with the regulations setting out particulars relating to the grant of the certificate; (c) the documents prescribed by the regulations for the purposes of this paragraph. (4) 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. (5) 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. (6) 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. (7) 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. (8) 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: (a) if the offender is a natural person—by a fine not exceeding 5 penalty units; or (b) if the offender is a body corporate—by a fine not exceeding 10 penalty units.