Shipping Registration Regulations 1981

Part 1 Preliminary

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.

builder’s certificate means a certificate that complies with regulation 8.

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.

declaration of ownership and nationality means a declaration that complies with regulation 9.

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.

overseas registration certificate means a document corresponding to a registration certificate that is issued under an overseas registration law.

overseas registration law means the provisions of the law of a foreign country relating to the registration of ships in that country.

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 is taken to have been completed when the ship becomes capable of navigating the high seas, whether under its own power or otherwise.

(3) In this regulation:

(a) a reference to a ship being registered in Australia is a reference to the ship being registered under the Act; and

(b) a reference to a ship being registered overseas is a reference to the ship being registered under an overseas registration law.

(4) A reference in these Regulations to a form by number is 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)) is 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) is 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 must 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) must be in writing 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 must 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 is 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 is taken to be lodged if:

(a) the document, addressed to the Registrar, is received:

(i) at the Registration Office; or

(ii) for a document other than a bill of sale or a caveat — at a branch office; and

(b) the charge for processing the document mentioned in a determination made under subsection 47 (1) of the Australian Maritime Safety Authority Act 1990 is paid.

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) is taken, 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) must 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.

Part 2 Registration of ships

Division 1 Registration

7AA What this Division applies to

This Division applies to an application to register a ship in:

(a) the General Register under section 15 of the Act; or

(b) the International Register under section 15C of the Act.

7 Application for registration

(1) An application to register a ship is made by lodging a written application that is signed by the ship’s owner with the Registrar.

(2) The application must state the following information:

(a) the type of the ship (in terms of its purpose);

(b) the method of propelling the ship;

(c) the overall length of the ship;

(d) the principal material used in constructing the hull of the ship;

(e) 3 proposed names for the ship, in order of preference of the names;

(f) the proposed home port of the ship;

(g) the International Maritime Organization (IMO) number of the ship;

(h) if the ship has been registered in Australia or overseas:

(i) the year in which the ship was last registered; and

(ii) the register on which the ship was registered; and

(iii) the official number of the ship; and

(iv) the registered name of the ship; and

(v) the home port, or port of registry, of the ship;

(i) if the ship has not been registered in Australia:

(i) the name of the builder of the ship; and

(ii) the place where the ship was built; and

(iii) the builder’s identification of the ship or the name (if any) by which the ship is known.

(3) If the ship’s owner cannot supply all the information required under paragraph (2) (h) or (i), the application must state:

(a) the nature of the information that the ship’s owner cannot supply; and

(b) the reasons why the ship’s owner cannot supply the information.

7A Application for registration—supporting documents

(1) An applicant for registration must lodge the following documents with the Registrar:

(a) a written notice stating the name and address of the person who is to be the registered agent of the ship, that is signed by:

(i) the ship’s owner; and

(ii) if the owner is not to be the registered agent—the person who is to be the registered agent;

(b) 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;

(c) if the registration of the ship depends on the ship being a ship on demise charter to an Australian based operator—a copy of the charter party;

(d) a certificate relating to the tonnage measurement of the ship issued under, or otherwise having effect because of, the Navigation Act;

(e) the identification document (see regulation 7B);

(f) the ownership documents (see regulation 7C);

(g) a declaration of ownership and nationality (see regulation 9);

(h) if the ship is registered in the General Register—a statement by the applicant that the applicant agrees to the ship being deregistered from the General Register if the Registrar decides to register the ship in the International Register;

(i) if the ship is registered in the International Register—a statement by the applicant that the applicant agrees to the ship being deregistered from the International Register if the Registrar decides to register the ship in the General Register;

(j) for an application for registration on the International Register:

(i) the ship’s port state control inspection records for the last 5 years; and

(ii) the ship’s classification society records for the last 5 years; and

(iii) a statutory declaration by the ship’s owner or registered agent that states that the ship will be predominantly used to engage in international trading; and

(iv) evidence that a collective agreement has been made between the owner of the ship and the ship’s seafarers’ bargaining unit under section 11A of the Act; and

(v) evidence of the existence of a policy of insurance or indemnity that is required by subsection 61AM (1) of the Act; and

(vi) a statutory declaration by the ship’s owner or registered agent that states that the conditions of registration in section 33A of the Act have been met; and

(vii) if the ship’s owner is a company—the Australian Company Number for the ship’s owner.

(2) Also, the applicant must produce to the Registrar, for noting, the licence or other document (if any) authorizing the use of a call sign in relation to the ship.

(3) The applicant must comply with this regulation within 6 months after lodging the application for registration, or the Registrar may refuse the application.

7B Application for registration—identification document

(1) This regulation defines the identification document for an application for registration of a ship.

(2) If the ship has been registered in Australia, the identification document is a statutory declaration by a person who knows the facts of the matter that specifies the way (if any) in which the ship differs from the description that appeared in the Register immediately before the ship last ceased to be registered.

(3) If the ship has been registered overseas, the identification document is:

(a) if the overseas registration certificate contains the information about the ship that is stated in a builder’s certificate—the overseas registration certificate; or

(b) if the overseas registration certificate does not contain that information, or if any of the information in the certificate is incorrect—a statutory declaration by a person who knows the facts of the matter that sets out the information or the correct information.

(4) If the ship has never been registered, the identification document is:

(a) a builder’s certificate; or

(b) if the ship’s owner or registered agent, after taking all reasonable action, cannot obtain a builder’s certificate—a statutory declaration by a person who knows the facts of the matter that states the following:

(i) the information referred to in subregulation 7 (2);

(ii) as much of the information stated in a builder’s certificate that is known to the person;

(iii) the grounds on which that person asserts the truth of the matters stated under subparagraphs (i) and (ii).

7C Application for registration—ownership document

(1) This regulation defines the ownership document for an application for registration.

(2) If the ship has been registered in Australia, the ownership document is the transfer documents for any change in the ownership of the ship from the ownership that appeared in the Register, immediately before the ship last ceased to be registered.

(3) If the ship has been registered overseas, the ownership document is any document that is evidence of title to the ship under the overseas registration law.

(4) If the ship has never been registered, the ownership document is:

(a) a builder’s certificate and the transfer documents for any change in ownership of the ship (whether occurring before or after the date of the builder’s certificate); or

(b) if those documents are unavailable and the ship was built, and acquired by the owner, outside Australia—the document by which the ship’s owner acquired ownership of the ship.

(5) If the owner, after taking all reasonable action, cannot obtain a document mentioned in subregulation (2), (3) or (4), the ownership document is:

(a) a statutory declaration by the applicant that gives the history of the ownership of the ship; or

(b) both of the following documents:

(i) a statutory declaration by the applicant stating that the applicant believes that the person who is named in the application as the ship’s owner is lawfully entitled to the ownership of the ship and stating the grounds for that belief; and

(ii) evidence that, at least 30 days before the application was lodged with the Registrar, a notice of intention to apply for the registration of the ship was published in the Gazette in accordance with Form 1.

(6) In this regulation:

transfer documents means:

(a) a bill of sale or another document transferring ownership of the ship, signed by each transferor, that states:

(i) the name of the ship; and

(ii) the nature and extent of the interest in the ship to which the bill of sale or document relates; and

(iii) the name and address of each transferor and transferee; or

(b) a document, of a kind mentioned in subregulation 24 (1), that evidences change of ownership.

8 Builder’s certificate

(1) Subject to subregulation (2), a builder’s certificate in relation to a ship must be duly signed by the builder of the ship and must 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, must 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 is taken, for the purposes of that subregulation, to have been built in stages by more than one builder.

9 Declaration of ownership and nationality

A declaration of ownership and nationality must:

(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) 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 subsection 15E (1) or 15F (1) 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 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) is the number that was the official number of the ship when it was so previously registered.

Division 2 Registration certificates

12 Grant of registration certificate

A registration certificate granted under section 19 of the Act must be in accordance with:

(a) for a ship registered in the General Register—Form 2; or

(b) for a ship registered in the International Register—Form 2A.

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.

(2A) An offence against subregulation (2) is an offence of strict liability.

(3) An endorsement for the purposes of subregulation (1) must 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) A document mentioned in subregulation (3) is taken to be lodged if:

(a) for lodgment with the Registrar:

(i) the document is lodged in the manner mentioned in paragraph 5 (a); or

(ii) the document, addressed to the Registrar, is received at a prescribed office; and

(b) for lodgment with a proper officer — the document, addressed to the proper officer, is received at the office of the proper officer; and

(c) the charge for processing the document mentioned in a determination made under subsection 47 (1) of the Australian Maritime Safety Authority Act 1990 is paid.

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 must:

(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 must be in accordance with:

(3) A provisional registration certificate must 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 must, 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 must, 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.

(8) An offence against subregulation (7) is an offence of strict liability.

(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 must be in accordance with:

(2) Subject to subregulation (3), a provisional registration certificate must 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 net 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, is 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 must, 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.

(6) An offence against subregulation (5) is an offence of strict liability.

(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 must:

(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 must 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 net 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) must 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) is 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 must 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 must forward the application, together with such other documents as the Registrar thinks fit, to the Authority for consideration.

(6) A temporary pass granted under section 23 of the Act must 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 must, 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 must 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.

(10) An offence against subregulation (9) is an offence of strict liability.

(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 must, within 14 days after the change occurs, comply with the requirements of subregulation (3).

(2A) An offence against subregulation (1) is an offence of strict liability.

(3) The requirements referred to in subregulation (1) 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), 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 must set out particulars of the manner in which the change occurred.

Division 3 Identification

20 Marking of Ships

(1) Subject to this regulation, a ship must, for the purposes of section 26 of the Act, be marked as follows:

(a) the name of the ship must be inscribed, in accordance with subregulation (2), on each bow;

(b) the names of the ship and its home port must 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) must 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) must be made in the following manner:

(a) all alphabetical characters must 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, must be in a style matching that of the alphabetical characters;

(c) the inscription must 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) must 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; or

(ii) if the ship is not a ship to which subsection 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, must 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 must 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.

Division 4 Nationality and national colours

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 must 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, must 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 must 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 must 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) is 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) must be in writing 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 must be produced for noting upon the lodgment of the application.

(8) A certificate under subsection 30 (10) of the Act must be signed by the Registrar and sealed with the seal of the Registration Office and must:

(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.

Division 5 Special provisions relating to the International Register

Subdivision A Cancellation of registration in the International Register

22A Contravening prescribed laws

(1) This regulation prescribes laws for subparagraph 33B (1) (a) (iv) of the Act.

(2) The prescribed laws are as follows:

(a) the Occupational Health and Safety (Maritime Industry) Act 1993;

(b) a law of a foreign country that implements a convention of the International Maritime Organization to which Australia is a signatory.

22B Failing to meet requirements for registration

(1) This regulation prescribes a ground for cancelling the registration of a ship in the International Register for paragraph 33B (1) (e) of the Act.

(2) The prescribed ground is the failure of the ship or the ship’s owner to continue to meet the requirements of these Regulations in relation to the registration of the ship.

22C Requirements for cancelling registration

(1) This regulation prescribes requirements in relation to cancelling the registration of a ship in the International Register for subsection 33B (3) of the Act.

(2) The prescribed requirements are as follows:

(a) the ship’s owner must surrender the registration certificate for the ship to the Registrar as soon as possible after the cancellation;

(b) the Registrar must record the cancellation of registration of the ship in the entry for the ship in the Register, without deleting the entry.

22D Review of decision to cancel registration

(1) This regulation provides for the review of a decision of the Registrar to cancel the registration of a ship in the International Register for subsection 78A (2) of the Act.

(2) The ship’s owner, or the person in whose name the ship is registered, may apply to the CEO of the Authority to review the Registrar’s decision to cancel the registration of the ship.

(3) The application must be made within:

(a) 28 days after the applicant is informed of the Registrar’s decision; or

(b) if, either before or after the end of that period of 28 days, the CEO extends the period within which the application may be made—the extended period.

(4) The application must:

(a) be in a form approved in writing by the CEO; and

(b) set out the reasons for the application; and

(c) contain enough information to enable the CEO to decide the application.

(5) On receiving an application, the CEO must:

(a) review the Registrar’s decision; and

(b) decide to affirm, vary or revoke the decision.

(6) Any person who assisted the Registrar in making the Registrar’s decision, must not assist the CEO in reviewing the decision.

(7) The CEO must, within 28 days after receiving the application, give the applicant a written notice that states:

(a) the CEO’s decision; and

(b) the CEO’s reason for the decision.

(8) If the CEO does not give the written notice to the applicant within 28 days after receiving the application, the CEO is taken to have made a decision that affirms the Registrar’s decision.

(9) The CEO’s decision has effect as if it had been made under by the Registrar under subsection 33B (3) of the Act.

(10) In this regulation:

CEO, of the Authority, means the Chief Executive Officer of the Australian Maritime Safety Authority established under the Australian Maritime Safety Authority Act 1990.

Part 3 Transfers, transmissions, security interests and other dealings

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 must:

(a) specify:

(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

(b) be duly signed by each transferor.

(2) A declaration of transfer made under subsection 36 (3) of the Act must:

(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 must, 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, by reason 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 must:

(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.

28A Caveats

(1) A caveat under subsection 47A (1) of the Act must be in accordance with Form 5.

(2) A notice under subsection 47A (4) of the Act must be in accordance with Form 6.

Part 5 The Register of Ships

28B Fee for inspection of Register

For subsection 57 (3) of the Act:

(a) the fee to inspect the Register is $28; and

(b) the fee for a copy of, or an extract from, an entry on the Register is $50.

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 must 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 must 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) the gross tonnage and net tonnage of the ship as altered, estimated by the builder or installer who did the alterations if:

(i) the particulars on the tonnage certificate for the ship are no longer correct as a result of the alterations or because of subsection 16 (1) of the Act applies to the ship; and

(ii) a tonnage certificate is not in force in relation to the ship as altered.

(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, must 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 must 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 paragraph 65 (1) (d) of the Act must be in accordance with:

(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 must be in writing signed by the proper officer and must 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, the proper officer must forward to the Registrar, together with the documents referred to in subsection (3) of that section, the documents referred to in subregulation (1).

(8) If a ship is altered so that its net tonnage in the Register is incorrect, the inscription mentioned in paragraph 20 (1) (c) must be changed to the correct net tonnage of the ship before the Registrar alters the net tonnage in the Register under paragraph 65 (1) (e) or subsection 65 (6) of the Act.

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 must 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) must:

(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) must be in writing 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) must 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, the Registrar must make an entry in the Register to that effect, and the registration of the ship must be deemed to be closed.

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;

(c) ships on demise charters to Australian‑based operators.

(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 must 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, are taken to be ports approved by the Authority under subregulation (1) until the publication of a notice under 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:

(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 must, 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 must, 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.

(4C) An offence against subregulation (4B) is an offence of strict liability.

(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 must:

(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.

Part 7 Transitional provisions

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 must 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) must 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:

relevant 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 must 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 does not affect the validity of that document.

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 the Registrar, and may so extend that time although that time has expired.

(2) A request for an extension of time under this regulation:

(a) must be in writing duly signed by the person making the request;

(b) must set out the grounds of the request; and

(c) must 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 or provided to the Registrar 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 of further documents or information 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) must 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.

Schedule 1 Prescribed characteristics of ships

(subregulation 2 (1))

PRESCRIBED CHARACTERISTICS OF SHIPS