CTHRepealedLegislation
Shipping Registration Regulations 1981
7CApplication for registration—ownership document
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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.