22National colours and other flags

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;