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; (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.