Shipping Registration Regulations 2019

The Shipping Registration Regulations 2019 is a federal legislative instrument made under the Shipping Registration Act 1981 (Regulation, s 3). It sets out the procedural and documentary requirements for registration, re‑registration, provisional registration, marking, transfer and transmission, alteration and closure of registered ships, and the format and content of entries in the General Register and International Register. The instrument commenced at the same time as the Shipping Registration Amendment Act 2018 and, as originally made, took effect on 1 April 2019 (s 2).

Mechanically the instrument does several things:

It prescribes the required information and supporting documents for applications to register a ship in either the General Register or the International Register (regs 10-12). This includes detailed rules on identification documents (reg 13), ownership documents (reg 14), builder’s certificates (reg 15) and declarations of ownership and nationality (reg 16).
It prescribes the form and circumstances for new registration certificates and provisional registration certificates and attaches strict‑liability offences to failures to surrender or notify in certain circumstances (regs 19-22).
It prescribes how ships must be marked (inscribed names, home port, official number and tonnage/length), the format of markings and a process for exemptions by the Authority (reg 23).
It sets out requirements that must be met to register in the International Register in particular, including port state control and classification records, evidence of collective agreements with seafarers’ bargaining units, and insurance or indemnity evidence (reg 12(1)(j)).
It sets out procedural requirements for transfers (bill of sale content, reg 29), transmissions (evidence and declarations, reg 30), alterations to a registered ship (notice content and certification, reg 34), closure of registration (reg 35), and selection and change of home port (reg 38).

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Commonwealth Coat of Arms of Australia

Shipping Registration Regulations 2019

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 21 February 2019

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Michael McCormack

Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development

Contents

Part 1—Preliminary

1 Name

2 Commencement

3 Authority

4 Definitions

5 Signing of documents

6 Specification of nationality of body corporate or body politic

7 Lodgement of documents

8 Service of documents

9 Tonnage length

Part 2—Registration of ships

Division 1—Registration

10 Scope of this Division

11 Application for registration of a ship—required information

12 Application for registration of a ship—required supporting documents

13 Identification document

14 Ownership document

15 Builder’s certificate

16 Declaration of ownership and nationality

17 Entry of particulars in General Register or International Register

18 Prescribed class of ships not required to be measured for tonnage

Division 2—Registration certificates and temporary passes

19 New registration certificates and provisional registration certificates

20 Provisional registration certificates for ships becoming entitled to be registered when abroad

21 Extension of period provisional registration certificate is in force

22 Surrender of temporary pass

Division 3—Identification

23 Marking of ships

24 Change of name of registered ship

25 Change of name, address or nationality of owner, charterer or registered agent of a ship

Division 4—National colours and other flags

26 National colours and other flags

Division 5—Registration in the International Register

27 Cancellation of registration in the International Register

28 Review of decisions about registration in the International Register

Part 3—Transfers and transmissions of ships

29 Transfers of ships

30 Transmissions of ships

Part 4—The Registers

31 Information to be recorded in entries in the Registers

32 Obsolete or incorrect entries in the Registers

Part 5—Other matters

33 Change in registered agent of a ship

34 Alterations to ships

35 Closure of registration of ships

36 Unregistered ships exempt from leaving ports

37 Admissibility of documents in evidence

38 Home ports

39 Characteristics of ships

40 Period in which no entry has been made in the Registers

41 References to measurements in documents

42 Extension of time

43 Verification of information etc.

Part 6—Application, saving and transitional provisions

44 Application for registration of a ship

45 Surrender of temporary pass

46 Closure of registration of ships

47 Home ports

48 Extension of time

49 Effect of this Part on section 7 of the Acts Interpretation Act 1901

Part 1—Preliminary

1 Name

This instrument is the Shipping Registration Regulations 2019.

2 Commencement

(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
1. The whole of this instrument At the same time as the Shipping Registration Amendment Act 2018 commences. 1 April 2019

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3 Authority

This instrument is made under the Shipping Registration Act 1981.

4 Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) Authority;

(b) General Register;

(d) provisional registration certificate;

(e) registered;

(f) registered agent;

(g) Registrar;

(h) registration certificate;

(i) share;

(j) ship.

(1) In this instrument:

Act means the Shipping Registration Act 1981.

address means:

(a) for an individual—the place at which the individual ordinarily resides; or

(b) for a body corporate:

(i) if it is incorporated in Australia—its registered office in Australia; or

(ii) otherwise—its principal place of business in Australia or, if it has no place of business in Australia, its principal place of business; or

builder’s certificate means a certificate that complies with section 15.

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.

home port of a ship means the port that is entered in the General Register or International 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) except for 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) for a ship in relation to which the Registrar has made a determination under subsection 10(2) of the Act—in the vertical plane the Registrar determines under subsection (2) of this section for that ship.

name means:

(a) for an individual—the full given names and surname of the individual; or

(b) for a body corporate—the full name of the body corporate; or

(d) for an unregistered ship—the name (if any) by which the ship is known.

official number, in relation to a registered ship, means the number by which the ship is identified in the General Register or International 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.

owner of a ship has its ordinary meaning.

place of construction, in relation to a ship, means the place at which construction of the hull commenced.

tonnage certificate, for a ship, means a certificate relating to the tonnage measurement of the ship issued under, or otherwise having effect because of, the Navigation Act 2012.

Torres Strait Treaty means the Treaty between Australia and the Independent State of Papua New Guinea concerning Sovereignty and Maritime Boundaries in the area between the two Countries, including the area known as Torres Strait, and Related Matters, done at Sydney on 18 December 1978, as in force for Australia from time to time.

Note: The Treaty is in Australian Treaty Series 1985 No. 4 ([1985] ATS 4) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

traditional inhabitants has the same meaning as in the Torres Strait Treaty.

transfer document for a ship means:

(a) a bill of sale or other 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 subsection 30(1), that evidences change of ownership of the ship.

(2) The Registrar may, in writing, determine a vertical plane for a ship for the purposes of paragraph (b) of the definition of moulded depth amidships in subsection (1).

(3) For the purposes of this instrument, the construction of a ship is taken to be completed when the ship becomes capable of navigating the high seas, whether under its own power or otherwise.

5 Signing of documents

(1) Subject to this instrument, if this instrument requires a document to be lodged with, or produced to, the Registrar or a proper officer and to be signed by a person, the signing requirement is met if subsection (2), (3) or (4) is satisfied.

Document signed and dated in the presence of a witness

(2) This subsection is satisfied if:

(a) one of the following applies:

(i) for an individual—the individual signs and dates the document (in the presence of a witness);

(ii) for a body corporate—an officer of the body corporate signs and dates the document (in the presence of a witness) and adds a legible statement of the name and position of the officer;

(iii) for a body politic—an appropriate representative of the body politic signs and dates the document (in the presence of a witness) and adds a legible statement of the title of the appropriate representative; and

(b) the witness signs and dates the document and adds a legible statement of the name and address of the witness.

Official seal of body corporate

(3) For a body corporate, this subsection is satisfied if the body corporate executes the document under the official seal of the body corporate.

Power of attorney

(4) This subsection is satisfied if:

(a) another person, on behalf of the person and under a power of attorney, signs and dates the document (in the presence of a witness); and

(b) the witness signs and dates the document and adds a legible statement of the name and address of the witness; and

(c) the power of attorney is produced to the Registrar or proper officer for noting upon the lodgement or production of the document.

Owner of ship

(5) For the purposes of subsections (2) to (4), if the document is required by a provision of this instrument to be signed by the owner of a ship, then the reference in that provision to the owner of the ship is taken to be a reference to:

(a) if there is one owner of the ship—that owner or a person appointed under subsection (9) by that owner; or

(b) otherwise—a person appointed under subsection (9) by persons who are the owners of interests in the ship the sum of which is equal to at least 33 shares in the property in the ship.

(6) To avoid doubt, subsection (5) does not apply in relation to a document that is required by a provision of this instrument to be signed by each owner of a ship.

Note: Sections 16 and 35 are examples of such a provision.

Charterparty

(7) For the purposes of subsections (2) to (4), if the document is required by a provision of this instrument to be signed by the charterer under the charterparty for a ship on demise charter, then the reference in that provision to the charterer under the charterparty is taken to be a reference to:

(a) if there is one charterer under the charterparty—that charterer or a person appointed under subsection (9) by that charterer; or

(b) otherwise—a person appointed under subsection (9) by a majority of the charterers under the charterparty.

(8) To avoid doubt, subsection (7) does not apply in relation to a document that is required by a provision of this instrument to be signed by each charterer under the charterparty for a ship on demise charter.

Note: Section 16 is an example of such a provision.

Appointments

(9) The appointment of a person for the purposes of subsection (5) or (7) must:

(a) be in writing; and

(b) specify the ship to which the appointment relates; and

(10) The appointment may consist of several documents in like form, each of which satisfies paragraphs (9)(a) and (b) and that, when taken together, satisfy paragraph (9)(c).

(11) If a document is signed by a person appointed under subsection (9), each instrument of appointment of that person must be produced to the Registrar or proper officer for noting upon the lodgement or production of the document.

6 Specification of nationality of body corporate or body politic

If this instrument requires a document to specify the nationality of a person that is a body corporate or body politic and the grounds on which the person claims that nationality, the requirement is satisfied:

(a) for a body corporate that is not a Government authority—by including in the document a statement specifying the country in which the body corporate was incorporated and the nature of that incorporation; or

(b) for a Government authority—by including in the document the words “Government authority”; or

(c) for a body politic other than the Commonwealth, a State or a Territory—by including in the document the words “Foreign Government”.

7 Lodgement of documents

A document required by this instrument 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.

8 Service of documents

An instrument, notice or other document under the Act or this instrument may be given to, or served on, a person by the Registrar by:

(a) delivering it to the address of the person last known to the Registrar; or

(b) sending it by post to the address of the person last known to the Registrar; or

9 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% 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% of the shortest measurable 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) For 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 subsection (1) must be parallel to the designed waterline.

Part 2—Registration of ships

Division 1—Registration

10 Scope of this Division

This Division applies to the following:

(a) an application under section 15 of the Act to register a ship in the General Register;

(b) an application under section 15C of the Act to register a ship in the International Register.

11 Application for registration of a ship—required information

(1) The application must be lodged with the Registrar and it must:

(a) be in writing; and

(b) state the type of the ship (in terms of its purpose); and

(d) state the overall length of the ship; and

(e) state the principal material used in constructing the hull of the ship; and

(f) state 3 proposed names for the ship (in order of preference of the names); and

(g) state the proposed home port of the ship; and

(h) state the International Maritime Organization number (if any) of the ship; and

(i) if the ship has been registered under the Act or under an overseas registration law—state:

(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 or the number assigned to the ship under the overseas registration law; and

(iv) the registered name of the ship; and

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

(j) if the ship has not been registered under the Act—state:

(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; and

(k) be signed by:

(i) the owner of the ship; or

(ii) if the registration of the ship depends on the ship being a ship on demise charter to Australian‑based operators—the charterer under the charterparty.

Note: The application must be accompanied by various documents: see section 12.

(2) If the ship’s owner cannot provide all the information required under paragraph (1)(i) or (j), the application must state:

(a) the information that the ship’s owner cannot provide; and

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

12 Application for registration of a ship—required supporting documents

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

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

(i) each owner of the ship; and

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

(b) a document containing evidence that the ship has been marked in accordance with subsection 26(1) of the Act;

(c) if the registration of the ship depends on the ship being a ship on demise charter to Australian‑based operators—a copy of the charterparty;

(d) a tonnage certificate;

(e) the identification document (see section 13);

(f) the ownership document (see section 14);

(g) a declaration of ownership and nationality (see section 16);

(h) if the ship is registered in the General Register—a written notice stating 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 written notice stating 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) if the application is to register the ship in 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) a document containing evidence that a collective agreement has been made between the owner of the ship and the seafarers’ bargaining unit for the ship under section 11A of the Act; and

(v) a document containing 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) The applicant must produce to the Registrar, for noting, the licence or other document (if any) authorising the use of a call sign in relation to the ship.

(3) The applicant must comply with subsections (1) and (2) within 6 months after lodging the application for registration. Otherwise, the Registrar may refuse the application by notice in writing given to the applicant.

13 Identification document

(1) For the purposes of paragraph 12(1)(e), this section sets out the identification document.

Ship registered under the Act

(2) If the ship has been registered under the Act, the identification document is a statutory declaration by a person that specifies the way (if any) in which the ship differs from the description that appeared in the General Register or International Register immediately before the ship last ceased to be registered.

Ship registered under an overseas registration law

(3) If the ship has been registered under an overseas registration law, the identification document is:

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

(b) if the overseas registration certificate does not contain the information about the ship that is stated in a builder’s certificate or does contain that information but any of that information is incorrect—a statutory declaration by a person that sets out the information or the correct information.

Ship never registered

(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 that states the following:

(i) the information covered by subsection 11(1);

(ii) so much of the information required to be in a builder’s certificate that is known to the person;

(iii) the grounds on which the person asserts the truth of that information.

14 Ownership document

(1) For the purposes of paragraph 12(1)(f), this section sets out the ownership document.

Ship registered under the Act

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

Ship registered under an overseas registration law

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

Ship never registered

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

(a) a builder’s certificate and the transfer document 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.

Alternative document

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

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

(b) both of the following:

(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;

(ii) a copy of a notice of intention to apply for registration of the ship that is in accordance with an approved form and that was published on the Authority’s website at least 30 days before the application for registration was lodged with the Registrar.

15 Builder’s certificate

(1) A builder’s certificate in relation to a ship must:

(a) specify the name (if any) of the ship; and

(b) specify the builder’s identification of the ship; and

(d) specify the date of completion of construction of the ship; and

(e) specify the name and address of the builder; and

(f) specify the name and address of the person for whom the ship was built; and

(g) specify the date on which the ship was delivered or handed over to the person for whom the ship was built; and

(h) specify particulars of the characteristics of the ship set out in section 39; and

(i) be signed by the builder of the ship.

(2) If a ship has been built in stages by more than one builder:

(a) a builder’s certificate relating to the ship may consist of several documents in accordance with subsection (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 signed by all of the builders responsible for the building work carried out in those stages.

(3) Without limiting subsection (2), if 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 subsection (2), to have been built in stages by more than one builder.

16 Declaration of ownership and nationality

(1) For the purposes of paragraph 12(1)(g), a declaration of ownership and nationality is a written declaration that:

(a) specifies the ship to which it relates; and

(b) specifies in relation to each person who is an owner of the ship:

(i) the name, address and nationality of the person; and

(ii) the grounds on which the person claims the nationality so specified; and

(iii) the extent of the interest of the person in the ship; and

(iv) the date on which that interest was acquired; and

(c) if the registration of the ship depends on the ship being a ship on demise charter to Australian‑based operators—specifies in relation to each charterer under the charterparty:

(i) the name, address and nationality of the charterer; and

(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) is signed by each person referred to in paragraph (b); and

(e) is signed by each charterer (if any) referred to in paragraph (c).

(2) The declaration may consist of several documents in like form that, when taken together, contain the information required by paragraphs (1)(a), (b) and (c) and are signed in accordance with paragraphs (1)(d) and (e).

17 Entry of particulars in General Register or International Register

For the purposes of section 15E or subsection 15F(1) of the Act, the particulars relating to a ship are the following:

(a) a unique identifying number (to be known as the official number);

(b) the name;

(d) the call sign (if any);

(e) the year of registration;

(f) the place of construction;

(g) the year of completion of construction;

(h) particulars of the characteristics set out in section 39;

(i) for a ship to which subsection 16(1) of the Act applies—the gross tonnage, the net tonnage and any alternative tonnages as shown on the tonnage certificate;

(j) for each person who is an owner of the ship—the name, address and nationality of the person and the extent of the interest of the person in the ship;

(k) for a ship that is on demise charter to Australian‑based operators—the name, address and nationality of each charterer under the charterparty.

18 Prescribed class of ships not required to be measured for tonnage

For the purposes of subsection 16(2) of the Act, a prescribed class of ships is ships to which the Tonnage Convention (within the meaning of the Navigation Act 2012) does not apply.

Division 2—Registration certificates and temporary passes

19 New registration certificates and provisional registration certificates

Application for grant of new registration certificate

(1) For the purposes of subsection 21(1) of the Act, an application for the grant of a new registration certificate for a ship must:

(a) be in writing; and

(b) specify the name and official number of the ship; and

(d) if those reasons are that the registration certificate for the ship has been mislaid, lost or destroyed—specify the circumstances of the mislaying, loss or destruction; and

(e) be signed by the registered agent of the ship.

Application for grant of provisional registration certificate

(2) For the purposes of subsection 21(2) of the Act, a provisional registration certificate must not be granted in respect of a ship unless:

(a) there is lodged with the Registrar or the proper officer an application in writing signed by the registered agent of the ship; and

(b) the application specifies the particulars of the ship, its owners and its registered agent as specified in the registration certificate; and

Offences

(3) A person commits an offence of strict liability if:

(a) the person is the registered agent of a ship or the owner, or one of the joint owners, or owners in common, of one or more shares in a ship; and

(b) a new registration certificate in respect of the ship is granted under subsection 21(1) or (7) of the Act because of another registration certificate in respect of the ship having been mislaid or lost; and

(d) the person does not, before the end of 30 days starting on the day the other registration certificate came into the custody or control of the person, lodge that other registration certificate with the Registrar for cancellation.

Penalty: 5 penalty units.

(4) A person commits an offence of strict liability if:

(a) the person is the registered agent of a ship or the owner, or one of the joint owners, or owners in common, of one or more shares in a ship; and

(b) a provisional registration certificate in respect of the ship is granted under subsection 21(2) or (7) of the Act because of another registration certificate in respect of the ship having been mislaid or lost; and

(d) the person does not, before the end of 30 days starting on the day the other registration certificate came into the custody or control of the person, give the Registrar written notice that the other registration certificate has been found and lodge the provisional registration certificate with the Registrar.

Penalty: 5 penalty units.

(5) Subsection (3) or (4) does not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (5): see subsection 13.3(3) of the Criminal Code.

20 Provisional registration certificates for ships becoming entitled to be registered when abroad

Requirements for grant of provisional registration certificate

(1) For the purposes of subsection 22(1) or 22A(1) or (2) of the Act, a proper officer or the Registrar must not grant a provisional registration certificate in respect of a ship unless:

(a) there is lodged with the proper officer or Registrar, as the case requires, an application in writing signed by each owner of the ship specifying the matters referred to in subsection (2); and

(b) there is produced to the proper officer or the Registrar, as the case requires, for noting the things referred to in subsection (3).

(2) For the purposes of paragraph (1)(a), the matters are the following:

(a) the existing name (if any) of the ship;

(b) if the ship is unnamed—the builder’s identification of the ship;

(d) the proposed home port of the ship;

(e) the call sign (if any) of the ship;

(f) the name and address of the builder of the ship;

(g) the year of completion of construction of the ship;

(h) particulars of the characteristics of the ship set out in section 39;

(i) 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) an estimate of the gross tonnage of the ship; and

(ii) an estimate of the net tonnage of the ship; and

(iii) the identity of the person by whom those estimates were made;

(j) particulars of any previous registration of the ship;

(k) in relation to each owner of the ship:

(i) the name, address and nationality of the person; and

(ii) the extent of the interest of the person in the ship;

(l) if the application is in respect of a ship the registration of which depends on the ship being a ship on demise charter to Australian‑based operators:

(i) the name, address and nationality of each charterer under the charterparty; and

(ii) the extent of the interest of each charterer in the demise charter of the ship;

(m) the date and manner of acquisition of the ship by the current owner;

(n) the name, address and description of each of the persons from whom the ship was acquired;

(o) details of any application lodged under section 15 of the Act to register the ship.

(3) For the purposes of paragraph (1)(b), the things are the following:

(a) the instrument (if any) by which ownership of the ship passed to the owner named in the application;

(b) the tonnage certificate (if any) that is in force in relation to the ship;

(i) the ship is no longer registered under the law of that country; or

(ii) 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.

(4) However, if an application under subsection (1) includes a statement to the effect that the person signing the application is unable to specify a matter referred to in paragraph (2)(b), (f), (g) or (j) and a statement of the reasons for that inability:

(a) the application is not required to specify that matter; and

(b) if a matter is the matter referred to in paragraph (2)(j)—paragraph (3)(c) does not apply in relation to the application.

Offence

(5) A person commits an offence of strict liability if:

(a) 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; and

(b) the person has the possession of the provisional registration certificate at the time of the cessation; and

(c) the person does not, before the end of 30 days starting on the day of the cessation, lodge the provisional registration certificate with the Registrar.

Penalty: 5 penalty units.

(6) Subsection (5) does not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (6): see subsection 13.3(3) of the Criminal Code.

21 Extension of period provisional registration certificate is in force

For the purposes of subsection 21(5), 22(4) or 22A(4) of the Act, an application for the extension of the period during which a provisional registration certificate is in force in respect of a ship must:

(a) be in writing; and

(b) specify the reasons for the application; and

(d) specify the date and place of issue of the provisional registration certificate; and

(e) specify 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

(f) be signed by each owner of the ship; and

(g) be lodged with the Registrar or a proper officer.

22 Surrender of temporary pass

(1) A person commits an offence of strict liability if:

(a) either:

(i) a voyage specified in a temporary pass granted under section 23 of the Act is completed or abandoned; or

(ii) the time during which the pass remains valid ends; and

(b) the person has possession of the pass on the occurrence of the event referred to in subparagraph (a)(i) or (ii); and

(c) the person does not surrender the pass by lodging it with the Registrar, or delivering it to a proper officer, as follows:

(i) within 10 days after the occurrence of that event;

(ii) if, because of circumstances beyond the control of the person, it is not practicable for the person to surrender the pass within 10 days after the occurrence of that event—as soon as it is practicable to do so.

Penalty: 5 penalty units.

(2) Subsection (1) does not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.

Division 3—Identification

23 Marking of ships

Form of marking

(1) For the purposes of subsection 26(1) of the Act, a ship must be marked as follows:

(a) the name of the ship must be inscribed, in accordance with subsection (2):

(i) on each bow; or

(ii) if because of the nature of the constructional features of the ship there is no part of the ship that is readily identifiable as a bow—on such part or parts of the ship as the Registrar determines;

(b) the name of the ship and of the ship’s home port must be inscribed, in accordance with subsection (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 or because of the nature of the constructional features of the ship there is no part of the ship that is readily identifiable as the stern—on such part or parts of the ship as the Registrar determines;

(i) on the main beam of the ship in a position in which the inscription may readily be inspected; or

(ii) if the ship has no main beam or it is not practicable 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:

(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) if the portion of the ship to which they are applied is such that compliance with subparagraph (i) is not practicable—the maximum practicable height.

Exemptions

(4) If the Authority considers that it is unreasonable to require compliance with the requirements of paragraph (1)(a) or (b) in relation to a ship, the Authority may, by written instrument, exempt the ship from the requirements specified in the instrument, subject to the conditions (if any) specified in the instrument.

(5) If the Authority considers that it is unreasonable to require compliance with the requirements of paragraph (1)(a) or (b) in relation to ships included in a class of ships, the Authority may, by legislative instrument, exempt ships included in a specified class of ships from the requirements specified in the instrument, subject to the conditions (if any) specified in the instrument.

Evidence of marking

(6) For the purposes of subsection 26(1) of the Act, the notice under that subsection, endorsed with a statement signed by the owner of the ship stating that the ship has been marked in accordance with this section with marks directed by the Registrar by that notice, is evidence that the ship has been marked with marks so directed.

24 Change of name of registered ship

Application for change of name

(1) For the purposes of subsection 27(2) of the Act, an application for a change in the name of a registered ship must:

(a) be in writing; and

(b) be signed by:

(i) each owner of the ship; and

(ii) if an owner of the ship is not the registered agent of the ship—the person who is the registered agent of the ship; and

(c) specify the current name of the ship, the official number of the ship and, in order of preference, 3 proposed names for the ship.

Prohibited names

(2) For the purposes of subsection 27(3) of the Act, the following classes of names are prescribed:

(a) names of existing registered ships;

(b) names approved by the Registrar in respect of ships in the course of registration;

(d) names that are 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; or

(ii) the Commonwealth of Nations; or

(iii) the Government of the Commonwealth, of a State, of a Territory, of any other country or of any legal subdivision of another country; or

(iv) the United Nations; or

(v) the Defence Force or an arm of the Defence Force; or

(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.

25 Change of name, address or nationality of owner, charterer or registered agent of a ship

(1) A person (the first person) commits an offence of strict liability if:

(a) the first person is the registered agent of a ship; and

(b) a change occurs in:

(i) the name, address or nationality of a person whose name appears in the General Register or International Register as that of an owner or charterer of the ship; or

(ii) the name of the person whose name appears in the General Register or International Register as that of the registered agent of the ship; and

(c) the first person does not, before the end of 14 days starting on the day of the change, comply with the requirements of subsection (2).

Penalty: 5 penalty units.

(2) For the purposes of paragraph (1)(c), the requirements are all of the following:

(a) lodge with the Registrar a notice of the change;

(b) for a change in the name of an individual—lodge with the Registrar a statutory declaration, by a person 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)(b);

(c) for a change in the name of an individual upon marriage—produce to the Registrar for noting the relevant marriage certificate;

(d) for a change in the name of an individual by deed poll—produce to the Registrar for noting the relevant deed;

(e) for a change in the name of a body corporate incorporated under a law relating generally to the incorporation of companies, cooperative societies or other bodies corporate—produce to the Registrar for noting a certificate of the change of name issued under that law;

(f) for a change in the name of the person in circumstances not covered by paragraph (c), (d) or (e)—lodge with the Registrar a notice identifying the provision of the law or instrument by which the change was effected;

(g) for a change in the nationality of a person—lodge with the Registrar a notice setting out particulars of how the change occurred.

(3) Subsection (1) does not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code.

Division 4—National colours and other flags

26 National colours and other flags

Ships outside Australian waters

(1) For the purposes of paragraph 30(2)(a) 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 paragraph 30(2)(b) 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.

Ships in Australian waters

(3) For the purposes of subsection 30(3) of the Act, a registered ship must fly the national flag or 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.

How flag to be flown

(4) For the purposes of paragraphs 30(2)(a) and (b) and subsection 30(3) of the Act, the national flag or the red ensign must be flown:

(a) at the stern; or

(b) if, because of the design of the ship or the use to which the ship is put, it is not practicable to fly a flag at the stern—as near as practicable to the stern; or

(c) if the design of the ship is such that the ship 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 of the ship.

Application for certificate for unregistered ships

(5) For the purposes of subsection 30(10) of the Act, an application must be lodged with the Registrar and must:

(a) be in writing; and

(b) specify the name of the ship; and

(d) specify a description of the ship (including any identifying markings); and

(e) specify the name, address and nationality of each owner of the ship; and

(f) for an application in relation to a ship of a kind referred to in subparagraph 29(1)(b)(iii) of the Act—specify the name, address and nationality of each operator of the ship; and

(g) if:

(i) for an application in relation to a ship of a kind referred to in subparagraph 29(1)(b)(i) or (ii) of the Act—any person who is an owner of the ship; or

(ii) for an application in relation to a ship of a kind referred to in subparagraph 29(1)(b)(iii) of the Act—any person who is an operator of the ship;

is not an Australian national—specify information as to the status of the person as a resident of Australia; and

(h) be signed in accordance with subsection (6) of this section.

(6) The application must be signed:

(a) if the ship is of a kind referred to in subparagraph 29(1)(b)(i) or (ii) of the Act—by the owner of the ship; and

(b) if the ship is of a kind referred to in subparagraph 29(1)(b)(iii) of the Act:

(i) if there is one operator of the ship—by that person; or

(ii) otherwise—by a person appointed under subsection (7) by all the persons operating the ship.

(7) The appointment of a person for the purposes of subparagraph (6)(b)(ii) must:

(a) be in writing; and

(b) specify the ship to which the appointment relates; and

(8) The appointment may consist of several documents in like form, each of which satisfies paragraphs (7)(a) and (b) and that, when taken together, satisfy paragraph (7)(c).

(9) If the application is signed by a person appointed under subsection (7), each instrument of appointment of that person must be produced to the Registrar for noting upon the lodgement of the application.

Form of certificate

(10) For the purposes of paragraph 83(2)(w) of the Act, a certificate granted under subsection 30(10) of the Act must:

(a) be signed by the Registrar; and

(b) be sealed with the seal of the Registration Office; and

(d) specify the port at which the ship is usually berthed or moored; and

(e) specify a description of the ship (including any identifying markings); and

(f) specify the name, address and nationality of each person to whom the certificate is granted and indicate whether the certificate is granted to that person as owner of operator of the ship; and

(g) if a person 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—Registration in the International Register

27 Cancellation of registration in the International Register

Contravention of laws

(1) For the purposes of subparagraph 33B(1)(a)(iv) of the Act, the 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 party.

Failure to meet requirements of this instrument

(2) For the purposes of paragraph 33B(1)(e) of the Act, a ground for cancelling the registration of a ship is the failure of the ship or the ship’s owner to continue to meet the requirements of this instrument in relation to the registration of the ship.

Requirements applying after cancellation

(3) For the purposes of subsection 33B(3) of the Act, the requirements are:

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

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

28 Review of decisions about registration in the International Register

Application for review

(1) For the purposes of subsection 78A(2) of the Act, an owner of the ship concerned may apply to the Chief Executive Officer of the Authority to review the decision made by the Registrar under subsection 15F(1) or 33B(1) of the Act.

(2) The application must:

(a) be in writing; and

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

(3) The application must be made within:

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

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

Decision on review

(4) On receiving an application, the Chief Executive Officer of the Authority must:

(a) review the Registrar’s decision; and

(b) decide to affirm or revoke the decision.

(5) Any person who assisted the Registrar in making the Registrar’s decision must not assist the Chief Executive Officer of the Authority in reviewing the decision.

Notice of decision

(6) The Chief Executive Officer of the Authority must, within 28 days after receiving the application, give the applicant a written notice that states:

(a) the Chief Executive Officer’s decision; and

(b) the Chief Executive Officer’s reasons for the decision.

When the Chief Executive Officer is taken to have affirmed Registrar’s decision

(7) If the Chief Executive Officer of the Authority does not give the written notice to the applicant within 28 days after receiving the application, the Chief Executive Officer is taken to have made a decision to affirm the Registrar’s decision.

Part 3—Transfers and transmissions of ships

29 Transfers of ships

Bill of sale

(1) For the purposes of subsection 36(1) of the Act, a bill of sale must:

(a) specify the name and official number of the ship; and

(b) specify the number of shares in the ship to which the bill of sale relates; and

(d) specify the name and address of each transferee; and

(e) be signed by each transferor.

Declaration of transfer

(2) For the purposes of subsection 36(3) of the Act, a declaration of transfer must:

(a) be in writing; and

(b) specify the name and official number of the ship; and

(d) in relation to each person who is a transferee under the bill of sale—specify:

(i) for an individual—the grounds on which the individual claims the nationality specified in the declaration; and

(ii) the extent of the interest of the person in the ship; and

(e) be signed by each transferee.

30 Transmissions of ships

Evidence of transmission

(1) For the purposes of subsection 37(1) of the Act, the evidence of transmission is the following:

(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 the deceased person, or a copy of any such document; and

(ii) a statutory declaration by a person to the effect that the deceased person is the same person as the joint owner named in the General Register or International 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 as the legal personal representative, or constituting persons as the legal personal representatives, of the deceased person, or a copy of such an instrument; and

(ii) an instrument identifying the person who is to become, because of the transmission, the owner, or one of the owners, of the ship or share;

(d) in the case of any other transmission—a copy of the instrument by which the transmission was effected.

Declaration of transmission

(2) For the purposes of subsection 37(2) of the Act, a declaration of transmission must:

(a) be in writing; and

(b) specify the name and official number of the ship; and

(c) specify 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

(d) specify the name and address of each person to whom the ship or share is transmitted; and

(e) be signed by each person to whom the ship or share is transmitted.

Part 4—The Registers

31 Information to be recorded in entries in the Registers

(1) For the purposes of paragraph 83(2)(d) of the Act, the Registers must contain in respect of each entry of a matter under 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 time to be recorded in the Registers when an entry is made is the legal time in the Australian Capital Territory at the time the entry is made.

32 Obsolete or incorrect entries in the Registers

For the purposes of paragraph 58(1)(a) of the Act, the period is 30 days.

Part 5—Other matters

33 Change in registered agent of a ship

For the purposes of subsection 64(2) of the Act, the information is:

(a) the name and official number of the ship; and

(b) the name and address of the registered agent as appearing in the General Register or International Register; and

(d) the date on which the change occurred.

34 Alterations to ships

Manner of giving notice

(1) For the purposes of subsection 65(1) of the Act, the manner of giving notice of an alteration to a registered ship is a notice in writing that:

(a) specifies the name and official number of the ship; and

(b) specifies the nature of the alteration; and

(2) The notice must be accompanied by:

(a) a certificate that is in relation to the alteration of the ship and that is in accordance with subsection (3); and

(b) if, because of the alteration, the particulars in the tonnage certificate (if any) in force for the ship immediately before the alteration are no longer correct or the ship has become a ship to which subsection 16(1) of the Act applies—the tonnage certificate (if any) in force for the ship as altered; and

(3) The certificate in relation to the alteration of the ship must:

(a) specify the name and official number of the ship; and

(b) specify the date of completion of the alteration; and

(d) specify the name and address of the person who did the alteration; and

(e) specify the name and address of the person for whom the alteration was undertaken; and

(f) specify particulars of the characteristics of the ship set out in section 39 as altered; and

(g) specify the gross tonnage and net tonnage of the ship as altered, estimated by the person who did the alterations if:

(i) because of the alteration, the particulars in the tonnage certificate for the ship are no longer correct or the ship has become a ship to which subsection 16(1) of the Act applies; and

(ii) a tonnage certificate is not in force for the ship as altered; and

(h) be signed by the person who did the alteration.

(4) If the alteration of the ship has been carried out in stages by more than one person:

(a) a certificate in relation to the alteration may consist of several documents in accordance with subsection (3), each of which relates to one or more of those stages; and

(b) a 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 signed by all of the persons responsible for the work carried out in those stages.

Time for giving notice

(5) For the purposes of subsection 65(1) of the Act, notice of an alteration to a registered ship must be given:

(a) for an alteration referred to in paragraph 65(1)(a) of the Act:

(i) before the end of 14 days after the completion of the alteration; or

(ii) if the first departure of the ship from the foreign port after the completion of the alteration is before the end of that period—before that first departure; or

(b) for an alteration referred to in paragraph 65(1)(b) of the Act:

(i) before the end of 14 days after the first arrival of the ship at a foreign port after the completion of the alteration at which there is a proper officer; or

(ii) if the first departure of the ship from that port after the completion of the alteration is before the end of that period—before that first departure; or

Forwarding documents to Registrar

(6) For the purposes of paragraph 65(3)(b) of the Act, the statement to be forwarded by a proper officer must:

(a) be in writing; and

(b) specify the name and official number of the ship; and

(c) specify the documents lodged with the proper officer under this section in connection with the grant of the provisional registration certificate and the dates of lodgement of those documents; and

(d) be signed by the proper officer.

(7) For the purposes of paragraph 65(3)(c) of the Act, the documents to be forwarded by a proper officer are:

(a) the certificate covered by paragraph (2)(a) of this section (as affected by subsection (4) of this section); and

(b) if paragraph (2)(b) of this section applies—the certificate covered by that paragraph.

35 Closure of registration of ships

(1) For the purposes of paragraph 83(2)(j) of the Act, an application for the closure of the registration of a registered ship (except a ship required to be registered) may be lodged with the Registrar by one or more owners of the ship.

Form of application

(2) The application must:

(a) be in writing; and

(b) specify the registered name of the ship; and

(d) specify the home port of the ship; and

(e) be accompanied by the registration certificate or provisional registration certificate, as the case requires; and

(f) be accompanied by a statutory declaration by the applicant that states the extent of the interest of the person in the ship and the date on which that interest was acquired; and

(g) be signed:

(i) if there is one owner of the ship—by that owner; or

(ii) otherwise—either by each owner of the ship or by a person appointed under subsection (3) by persons who are the owners of interests in the ship the sum of which is equal to at least 33 shares in the property in the ship.

Appointments

(3) The appointment of a person for the purposes of subparagraph (2)(g)(ii) must:

(a) be in writing; and

(b) specify the ship to which the appointment relates; and

(4) The appointment may consist of several documents in like form, each of which satisfies paragraphs (3)(a) and (b) and that, when taken together, satisfy paragraph (3)(c).

(5) If the application is signed by a person appointed under subsection (3), each instrument of appointment of that person must be produced to the Registrar for noting upon the lodgement of the application.

Closure of registration

(6) If the Registrar receives an application lodged in accordance with this section relating to a ship:

(a) the Registrar must make an entry in the General Register or International Register to that effect; and

(b) the registration of the ship is then closed.

Note: Section 3A of the Act provides that if the registration of a ship is closed, the ship ceases to be registered.

Delivery of registration certificate or provisional registration certificate if registration of ship is closed

(7) For the purposes of subsection 66(10) of the Act, the certificate is to be delivered to the Registrar or a proper officer within 30 days after the Registrar gives a notice under subsection (8) of this section.

(8) The Registrar must give a written notice to a person whose name appeared in the General Register or International Register, immediately before the registration of the ship was closed or deemed to be closed under section 66 of the Act, as the owner, or one of the owners, of the ship:

(a) identifying the ship; and

(b) setting out particulars of the closure, or deemed closure, of the registration of the ship; and

36 Unregistered ships exempt from leaving ports

For the purposes of subsections 68(4) and 69(3) 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;

37 Admissibility of documents in evidence

For the purposes of paragraph 83(2)(v) of the Act, a certificate or pass issued under the Act or this instrument is declared to be admissible in evidence for the purposes of section 77 of the Act.

38 Home ports

Selection of home port

(1) For the purposes of paragraph 83(2)(n) of the Act, the port that may be selected as the home port for a registered ship is one of the ports determined in a notice in force under subsection (2).

(2) The Authority may, by notice published in the Gazette, determine ports for the purposes of subsection (1).

Change of home port

(3) For the purposes of paragraph 83(2)(n) of the Act, the following may lodge an application with the Registrar for a change in the home port of a registered ship:

(a) the registered agent of the ship;

(b) for a ship other than a ship on demise charter to Australian‑based operators—an owner of the ship.

(4) The application must:

(a) be in writing; and

(b) specify the name and official number of the ship; and

(d) specify the proposed home port of the ship (which must be a port covered by subsection (1)); and

(e) be signed by:

(i) the registered agent of the ship; and

(ii) for a ship other than a ship on demise charter to Australian‑based operators—each owner of the ship.

(5) If the Registrar receives an application made in accordance with subsection (4), the Registrar must give a written notice to the applicant stating that the inscription of the home port on the ship may be altered with the new home port being inscribed on the ship in accordance with section 23.

Offence

(6) A person commits an offence of strict liability if:

(a) the Registrar gives the person a notice under subsection (5); and

(b) the person does not, within 30 days after the date of the notice, endorse on the notice a statement signed by the person stating that the inscription of the home port on the ship has been altered with the new home port inscribed on the ship in accordance with section 23; and

(c) the person does not, within 30 days after the date of the notice, lodge with the Registrar that notice as so endorsed.

Penalty: 5 penalty units.

(7) Subsection (6) does not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (7): see subsection 13.3(3) of the Criminal Code.

Registrar’s role

(8) If the Registrar receives the notice referred to in paragraph (6)(c) and the ship’s registration certificate, the Registrar must:

(a) enter the new home port for the ship in the General Register or International Register; and

(b) endorse the change of home port on the ship’s registration certificate and return it to the registered agent.

39 Characteristics of ships

For the purposes of paragraphs 15(1)(h), 17(h), 20(2)(h) and 34(3)(f), the characteristics of a ship are set out in the following table:

Characteristics of ships
Item Characteristic
1 Type of ship (in terms of purpose)
2 Method of propulsion, including the number and type of boilers, the number and type of engines and the means of power transmission (including the number of screws, paddles or jets)
3 Number of decks
4 Number of bulkheads
5 Number of masts
6 Stem
7 Stern
8 Build
9 Rigging
10 Principal material of construction of hull
11 Length
12 Maximum breadth
13 Moulded depth amidships
14 Power, being one or more of brake power, indicated power and shaft power
15 Estimated speed

40 Period in which no entry has been made in the Registers

For the purposes of subsection 92(3) of the Act, the period is 25 years.

41 References to measurements in documents

If a certificate or other document granted or issued under this instrument 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 this instrument to be expressed, that information may be expressed in the certificate or other document in relation to that ship in terms of either or both of those measurements.

42 Extension of time

(1) For the purposes of paragraph 83(2)(e) of the Act, the Registrar may, upon application, extend the time for the lodgement of a document or information required by this instrument to be lodged with the Registrar. The Registrar may do so even though that time has ended.

(2) An application for an extension of time must be lodged with the Registrar and must:

(a) be in writing; and

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

43 Verification of information etc.

(1) Subject to the Act and this instrument, the Registrar may, in relation to any document lodged with or produced to the Registrar for noting, do one or more of the following:

(a) require the verification, by statutory declaration, 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);

(c) refuse to make an entry in the General Register or International Register, or to perform any function or exercise any power under the Act or this instrument, 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 be given to:

(a) the person in respect of 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 subsection (1) for the verification of information relating to the identity, nationality or residential status of a person (the first person) may require:

(a) that the verification be by a statutory declaration by a person (other than the first person) who has known the first 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 first person.

Part 6—Application, saving and transitional provisions

44 Application for registration of a ship

If:

(a) an application referred to in regulation 7 of the Shipping Registration Regulations 1981 was made before the commencement of this section; and

(b) the applicant had not complied with regulation 7A of the Shipping Registration Regulations 1981 immediately before that commencement; and

then subregulation 7A(3) of the Shipping Registration Regulations 1981 continues to apply on and after that commencement in relation to that application despite the repeal of the Shipping Registration Regulations 1981 made by Schedule 1 to the Shipping Registration (Repeal and Consequential Amendments) Regulations 2019.

45 Surrender of temporary pass

Section 22 applies in relation to the following:

(a) a temporary pass granted under section 23 of the Act on or after the commencement of this section;

(b) a temporary pass granted under section 23 of the Act before the commencement of this section, where immediately before that commencement:

(i) the voyage specified in the pass had neither been completed nor abandoned; and

(ii) the period of the validity of the pass had not expired.

46 Closure of registration of ships

If:

(a) an application was made before the commencement of this section under subregulation 33(1) of the Shipping Registration Regulations 1981; and

(b) before that commencement, subregulations 33(1) to (3) of the Shipping Registration Regulations 1981 were satisfied in relation to the application; and

(c) immediately before that commencement, the Registrar had not made an entry of the kind referred to in subregulation 33(4) of the Shipping Registration Regulations 1981;

then subregulation 33(4) of the Shipping Registration Regulations 1981 continues to apply on and after that commencement in relation to that application despite the repeal of the Shipping Registration Regulations 1981 made by Schedule 1 to the Shipping Registration (Repeal and Consequential Amendments) Regulations 2019.

47 Home ports

A notice published in the Gazette before the commencement of this section under subregulation 35(1) of the Shipping Registration Regulations 1981 and that was in force immediately before that commencement has effect on and after that commencement as if it were a notice in force under subsection 38(2) of this instrument.

48 Extension of time

(1) If:

(a) an extension was given before the commencement of this section under subregulation 39(1) of the Shipping Registration Regulations 1981 for the lodgement of a document; and

(b) immediately before that commencement, the time for the lodgement of the document had not ended;

the extension has effect on and after that commencement as if it had been given under subsection 42(1) of this instrument.

(2) If:

(a) a request was made before the commencement of this section under subregulation 39(2) of the Shipping Registration Regulations 1981; and

(b) immediately before that commencement, the Registrar had not decided the request;

the request has effect on and after that commencement as if it were an application made under subsection 42(2) of this instrument.

49 Effect of this Part on section 7 of the Acts Interpretation Act 1901

This Part does not limit the operation of section 7 of the Acts Interpretation Act 1901 in relation to the repeal of the Shipping Registration Regulations 1981 made by Schedule 1 to the Shipping Registration (Repeal and Consequential Amendments) Regulations 2019.

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Shipping Registration Regulations 2019

Dated 21 February 2019

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Michael McCormack

Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development

Contents

Part 1—Preliminary

1 Name

2 Commencement

3 Authority

4 Definitions

5 Signing of documents

6 Specification of nationality of body corporate or body politic

7 Lodgement of documents

8 Service of documents

9 Tonnage length

Part 2—Registration of ships

Division 1—Registration

10 Scope of this Division

11 Application for registration of a ship—required information

12 Application for registration of a ship—required supporting documents

13 Identification document

14 Ownership document

15 Builder’s certificate

16 Declaration of ownership and nationality

17 Entry of particulars in General Register or International Register

18 Prescribed class of ships not required to be measured for tonnage

Division 2—Registration certificates and temporary passes

19 New registration certificates and provisional registration certificates

20 Provisional registration certificates for ships becoming entitled to be registered when abroad

21 Extension of period provisional registration certificate is in force

22 Surrender of temporary pass

Division 3—Identification

23 Marking of ships

24 Change of name of registered ship

25 Change of name, address or nationality of owner, charterer or registered agent of a ship

The Regulations define and operationalise a set of recurring legal and administrative concepts that determine the mechanics of ship registration. Key concepts and where they are defined or elaborated follow.

Act and Authority: The Regulations are made under the Shipping Registration Act 1981 (defined "Act", reg 4). The Authority referred to is the Australian Maritime Safety Authority as engaged under the Act and related legislation. The Regulations also cross‑refer to the Registration Office and proper officers.
Registers: The General Register and International Register are the statutory registers under the Act; the Regulations specify the particulars to be entered (reg 17) and the mechanics of entries (reg 31). Entries must include an official number, name, home port, call sign, year of registration, place and year of construction, characteristics (reg 39), owners’ names, addresses, nationalities and interests (reg 17(b), (j)).
Identification/Ownership documents: The Regulations prescribe acceptable documents for identification and proof of title. Identification documents differ depending on prior registration history: statutory declarations where a ship was previously registered under the Act (reg 13(2)); overseas registration certificate or statutory declaration where registered under foreign law (reg 13(3)); or builder’s certificate or statutory declaration where never registered (reg 13(4)). Ownership documents include transfer documents for prior Australian registration, evidence of title under an overseas law for foreign registered ships, or builder’s certificate plus transfer documents for never registered ships (reg 14(2)-(4)). Alternative statutory declaration pathways are available where documents cannot be obtained (reg 14(5)).
Builder’s certificate: Formally defined with required fields (reg 15). It must specify name, builder’s identification, place and date of completion, builder’s and owner’s names and addresses, delivery date, characteristics per reg 39, and be signed by the builder (reg 15(1)).
Declaration of ownership and nationality: A written declaration specifying each owner’s name, address, nationality and basis for nationality, extent of interest and acquisition date; it must be signed by each owner and by charterers where relevant (reg 16).
Registered agent: The person nominated to act for the ship in Australia: applications must include a written notice signed by each owner and, where applicable, the agent (reg 12(1)(a)). Registered agents bear specific notification duties for changes in owners, charterers or agent details (reg 25).
Provisional registration and temporary passes: Procedures and conditions for provisional registration certificates (reg 19-21), and temporary passes with strict surrender obligations (reg 22). There are specific rules for ships becoming entitled to registration while abroad (reg 20).
Tonnage definitions and technical measures: The Regulations set a technical definition of tonnage length for section 10(3) of the Act (reg 9) and prescribe classes of ships exempt from tonnage measurement where the Tonnage Convention does not apply (reg 18). Characteristics required in many registers and certificates are listed in reg 39 (type, propulsion, decks, bulkheads, dimensions, power, estimated speed).
Marking and flags: Precise requirements for how and where a ship’s name and home port are to be inscribed and the construction and size of letters and numerals (reg 23). The national colours and red ensign provisions and circumstances for flying flags are set out (reg 26). Exemptions for marking can be granted by the Authority (reg 23(4)-(5)).
Verification and Registrar discretion: The Registrar may require statutory declarations to verify authenticity, require further documents, or refuse to make register entries until requirements are met (reg 43). The Registrar may also extend lodgement times (reg 42).
International Register special requirements: To register on the International Register an applicant must supply port state control inspection records and classification society records for the previous five years, statutory declarations about international trading, evidence of a collective agreement with seafarers’ bargaining unions under s 11A of the Act, insurance or indemnity evidence required by s 61AM of the Act, and a statutory declaration that the conditions of section 33A have been met (reg 12(1)(j)(i)-(vi)).

These concepts are implemented through documentary checklists, timelines (for example six months to comply with supporting document requirements, reg 12(3)), and specified formats for inscriptions, certificates and notices. The Regulations also embed enforcement and evidentiary rules, including admissibility of certificates in evidence (reg 37) and precise timeframes for statutory review processes (reg 28).

The Regulations allocate obligations and procedural steps among a defined set of actors. Who is affected and how, with source references, follows.

Owners of ships: Owners must sign and lodge registration applications (reg 11(1)(k)), provide ownership documents (reg 12(1)(f), reg 14), and sign declarations of ownership and nationality (reg 16). Owners also play roles in transfers (reg 29) and transmissions (reg 30). If the ship is to be closed from the register, owners must sign closure applications unless an appointed representative signs on their behalf (reg 35(2), (3)). Owners of ships registered on the International Register must provide additional documentation, including port state control and classification records, statutory declarations on trading, evidence of collective agreements and insurance (reg 12(1)(j)).
Registered agents: The registered agent is the key point of contact for lodgements and is required to sign many applications (for example reg 19(1)(e)). Registered agents have notification obligations to lodge notices of change in name, address or nationality of owners, charterers or agent (reg 25). Failure by a registered agent to notify changes within 14 days is a strict‑liability offence (reg 25(1), penalty 5 penalty units). The registered agent often must produce documents for noting (reg 12(2)).
Charterers under demise charters to Australian‑based operators: For ships where registration depends on demise charter status, charterers have to be included in declarations of ownership and nationality (reg 16(1)(c)), and copies of the charterparty must be lodged (reg 12(1)(c)).
Builders and shipyards: Builders provide builder’s certificates setting out construction particulars and characteristics (reg 15), and must sign the builder’s certificate. Where multiple builders or staged construction is involved, multiple builder’s certificates may be required and all relevant builders must sign (reg 15(2)-(3)).
Seafarers’ bargaining units and classification societies: For International Register applicants, evidence of a collective agreement with a seafarers’ bargaining unit under s 11A of the Act must be supplied (reg 12(1)(j)(iv)). Classification society records for the prior five years must be provided (reg 12(1)(j)(ii)). Port state control inspection records for the prior five years must also be supplied (reg 12(1)(j)(i)).
Insurers and indemnity providers: International Register applicants must provide evidence of insurance or indemnity as required by subsection 61AM(1) of the Act (reg 12(1)(j)(v)).
Proper officers and the Registrar: Proper officers in ports have roles in provisional registrations and forwarding documents relating to alterations and provisional registration processes (regs 20, 34). The Registrar is empowered to require verification of documents, refuse entries until verification is provided, add authentication and timestamps to the Registers (reg 31), and to record cancellations and closures (regs 27, 35).
The Authority (AMSA) and its Chief Executive Officer: The Authority can determine ports for home port selection by Gazette (reg 38(2)), grant exemptions from marking requirements (reg 23(4)-(5)), and the Chief Executive Officer reviews Registrar decisions on International Register registration and cancellations under reg 28 in specified timeframes.
Foreign owners/operators and bodies corporate: The Regulations prescribe how to state nationality and grounds for nationality of bodies corporate or bodies politic (reg 6), and require overseas registration evidence or closure of foreign registrations for provisional registrations where a ship was previously registered overseas (reg 20(3)(c)).
People involved in transfers and transmissions: Transferors and transferees must sign bills of sale and declarations that meet content rules (reg 29). Legal personal representatives and court‑ordered transferees must produce probate, letters of administration, orders or instruments to evidence transmissions (reg 30(1)).
Users of ports and traditional inhabitants: The Regulations prescribe classes of unregistered ships that may be exempt from leaving ports (reg 36), including small craft operated by traditional inhabitants and ships propelled only by oars.

The Regulations therefore reach across shipowners and operators, their commercial contractors (builders, insurers, classification societies), statutory authorities, and port officials. The concentration of procedural obligations is particularly on owners, registered agents and those seeking to register ships on the International Register, who must gather, sign and lodge multiple specific documents and face strict deadlines and potential disciplinary offences if they do not comply.

The Regulations create precise duties on applicants, owners, registered agents, builders and others, and concomitant rights for the Registrar and the Authority to require, verify and record information.

Principal duties (with references):

Application content and supporting documents: An application to register a ship must be in writing and include prescribed particulars such as type, propulsion, overall length, hull material, three proposed names, proposed home port and prior registration information (reg 11). Applicants must lodge specified supporting documents, notably a written notice of registered agent, evidence of marking, tonnage certificate, identification document, ownership document and a declaration of ownership and nationality (reg 12(1)(a)-(g)). Applicants for the International Register have additional obligations including port state control, classification society records and evidence of collective agreement and insurance (reg 12(1)(j)).
Timelines for lodgement: The supporting documents and call sign licence must be produced within six months of lodging the application, otherwise the Registrar may refuse the application (reg 12(3)). Applications for extension of provisional registration periods have specified content and must be signed by each owner and lodged with the Registrar or proper officer (reg 21).
Signature and appointment formalities: Documents requiring signature must comply with the execution rules in reg 5, which permit signing in the presence of a witness, execution under official seal, or signing by a person under power of attorney (reg 5(1)-(4)). Where an owner is to be represented, reg 5(5)-(11) sets out appointment requirements, including written appointments specifying the ship and signature rules and production of the appointment instruments.
Marking and flagging: Owners must ensure the ship is marked in accordance with reg 23, including inscription of name on bow and stern, and inscription of official number and net tonnage or LOA on structural members (reg 23(1)-(3)). Ships must fly the red ensign or national flag according to the circumstances detailed in reg 26.
Notifications of change: Registered agents must notify the Registrar within 14 days of changes in the name, address or nationality of recorded owners, charterers or the agent itself, complying with accompanying documentary requirements (reg 25(1)-(2)). Failure to do so is a strict‑liability offence (reg 25(1)).
Surrender and lodging obligations: Persons in possession of mislaid or replaced registration certificates or provisional registration certificates must lodge or notify the Registrar within set timeframes (eg, 30 days after recovery, regs 19(3)-(4)). Holders of temporary passes must surrender them within 10 days of voyage completion or abandonment (reg 22(1)).
Alterations: Where a registered ship is altered, the registered agent must give written notice in a prescribed form and accompany it with an alteration certificate and, if necessary, a revised tonnage certificate and the registration certificate (reg 34(1)-(3)). Prescribed times for notice after completion or first foreign port arrival are set (reg 34(5)).

Registrar and Authority rights and discretions:

Verification, refusal and conditionality: The Registrar may require verification by statutory declaration, submit further documents, and refuse to make entries or exercise functions until requirements are satisfied (reg 43(1)(a)-(c)). Any verification requirement must be given in writing and delivered to the person who lodged the document or to a person in whose interest it was lodged (reg 43(2)).
Exemptions and determinations: The Authority may exempt particular ships or classes of ships from marking requirements by written instrument or legislative instrument, subject to conditions (reg 23(4)-(5)). The Authority determines the ports eligible as home ports by Gazette notice (reg 38(1)-(2)).
Extensions and time adjustments: The Registrar may extend the time for lodgement of documents even after the relevant time has ended (reg 42(1)-(2)).
Recordkeeping and authentication: The Registrar must record the date and time (legal time in the Australian Capital Territory) and authenticate entries in the Registers (reg 31(1)-(2)). The Registrar must also record cancellation entries in the International Register without deleting the entry (reg 27(3)(b)).

Rights of applicants and owners:

Administrative review: An owner may apply to the Chief Executive Officer of the Authority to review a Registrar decision to refuse International Register entry or to cancel an International Register registration (reg 28(1)-(4)). The CEO must provide a decision and reasons within 28 days, and failure to give a written notice within 28 days is taken to be an affirmation of the Registrar’s decision (reg 28(6)-(7)).
Exemptions and appeals: The Regulations grant procedural avenues to apply for exemptions and extensions, and supply a mechanism to seek review of Registrar decisions on International Register matters (regs 23, 28, 42).

Procedural conditionality:

Many rights to registration and provisional registration are explicitly conditional on presentation of specific documents (regs 12, 20). The Registrar’s power to refuse until verification is provided (reg 43) transforms documentary non‑compliance into an effective bar to registration or other administrative outcomes.

Collectively, these duties create a document‑driven regime in which owners and agents must compile a specified bundle of documents and meet strict timing and execution rules, while the Registrar and the Authority retain targeted discretion to verify and to grant exemptions within narrow parameters.

The Regulations combine administrative enforcement (refusal, notation, cancellation, recording) with a set of criminal offences of strict liability carrying modest monetary penalties. They also embed evidentiary and verification mechanisms that operate as regulatory levers.

Strict‑liability offences and penalties

Multiple provisions create strict‑liability offences attracting a penalty of 5 penalty units. Examples include:
- Failure to lodge a found registration certificate for cancellation within 30 days where a new registration certificate had been issued because another was mislaid (reg 19(3)). Penalty: 5 penalty units.
- Failure to give written notice that a found registration certificate has been located and to lodge a provisional registration certificate where a provisional certificate was granted because another certificate was mislaid (reg 19(4)). Penalty: 5 penalty units.
- Failure to lodge a provisional registration certificate within 30 days where the provisional certificate ceased to have effect before arrival in Australia (reg 20(5)). Penalty: 5 penalty units.
- Failure to surrender a temporary pass within 10 days of voyage completion or abandonment (reg 22(1)). Penalty: 5 penalty units.
- Failure by a registered agent to notify a change in the name, address or nationality of an owner, charterer or registered agent within 14 days (reg 25(1)). Penalty: 5 penalty units.
- Failure to lodge endorsed confirmation of alteration of inscription of home port within 30 days after notice (reg 38(6)). Penalty: 5 penalty units.
Each of these offences includes an express statutory note that the defendant bears an evidential burden in relation to having a “reasonable excuse” (see the notes to regs 19, 20, 22, 25; each refers to subsection 13.3(3) of the Criminal Code). That means the prosecution must prove the physical elements of the offence but the defendant must raise evidence of a reasonable excuse.

Administrative enforcement and Registrar powers

Registrar may refuse to register or perform any function until verification is provided (reg 43(1)(c)). This is an administrative enforcement lever: a requirement for statutory declaration or further documents can suspend or block registration processes.
Cancellation in the International Register is prescribed where laws are contravened (including the Occupational Health and Safety (Maritime Industry) Act 1993 and foreign laws implementing IMO conventions) and where requirements of the Regulations are not met (reg 27(1)-(2)). After cancellation the owner must surrender the registration certificate and the Registrar must record cancellation without deleting the entry (reg 27(3)).
The Registrar must make and authenticate entries with a timestamp (reg 31), providing an evidentiary trail for enforcement action and administrative decisions.
For alterations and provisional registration matters, proper officers and the Registrar must forward and inspect documents; failure to comply with forwarding requirements can prevent or affect registrations (see reg 34(6)-(7)).

Evidentiary provisions

Certificates or passes issued under the Act or the Regulations are declared admissible in evidence for the purposes of section 77 of the Act (reg 37). This elevates registration documents into routine admissible documentary evidence in administrative or legal processes.
The Regulations also set out what documentary evidence is acceptable for transmission on death, transfer, and change of ownership (reg 30), which shapes enforcement and dispute clarity.

Scope and practical effect of enforcement

Penalties are modest (5 penalty units) but the regime places legal risk on agents and owners through strict deadlines and documentary formalities. The Registrar’s discretionary powers to require verification and to refuse to act are significant practical enforcement tools: they can delay or prevent registration outcomes rather than imposing monetary penalties alone.
Administrative processes are capped by review rights in relation to International Register decisions (reg 28), but the Regulations do not create a general internal merits appeal against all Registrar decisions; the CEO review is specific to certain sections.
Many offences are framed as strict liability; the notes consistently direct to the Criminal Code regarding the defendant’s evidential burden for reasonable excuse, which modifies the usual burden dynamics. The presence of strict‑liability offences for document lodgement and surrender places compliance incentives on registered agents and owners to track and lodge physical documents and to implement internal controls to meet deadlines.

In short, enforcement is both criminalised in narrow, document‑focused ways and heavily administrative by allocating verification, refusal and recording powers to the Registrar and the Authority. The Registrar’s discretion to require additional verification functions as a de facto gate to registration where documentary gaps or doubts exist.

The Regulations do not operate in isolation; they cross‑reference, depend on and interact with several other statutes, international instruments and administrative regimes. The text itself specifies many of these interactions.

Primary statutory foundation

Shipping Registration Act 1981: The Regulations are expressly made under the Act (reg 3) and repeatedly refer to provisions of the Act as the operative statutory context for registration, provisional registration, entries, cancellations, and other functions.

International and maritime law instruments

Navigation Act 2012: The Regulations refer to tonnage certificates and the Tonnage Convention via the Navigation Act. For example, reg 12(1)(d) requires a tonnage certificate, and reg 18 prescribes a class of ships not required to be measured for tonnage for the purposes of subsection 16(2) of the Act where the Tonnage Convention does not apply. Reg 9 provides a precise technical definition of tonnage length for the purposes of section 10(3) of the Act.
International Maritime Organization (IMO) conventions: Reg 27(1)(b) references foreign laws implementing an IMO convention as a ground for cancellation of registration in the International Register, signalling that non‑compliance with internationally agreed safety or labour standards through overseas law may affect Australian registration status.

Domestic maritime safety and labour laws

Occupational Health and Safety (Maritime Industry) Act 1993: Listed as a law which, if contravened, may be a ground for cancelling International Register registration (reg 27(1)(a)).
Seafarers’ collective bargaining under the Act: Reg 12(1)(j)(iv) requires evidence of a collective agreement with the seafarers’ bargaining unit under section 11A of the Act, tying registration in the International Register to compliance with the domestic seafaring labour framework in the Act.

Administrative and statutory instruments

Australian Maritime Safety Authority Act 1990: Reg 7 references the processing charge for documents as set out in a determination under subsection 47(1) of that Act; lodgement is taken to have occurred only when the Registrar receives the document at the Registration Office or branch office and the processing charge is paid (reg 7).
Acts Interpretation Act 1901: Part 6, reg 49 expressly states that the transitional provisions of these Regulations do not limit operation of section 7 of the Acts Interpretation Act 1901 regarding the effect of repeal of the old regulations.

Criminal Code

The notes associated with several strict‑liability offences in the Regulations refer to subsection 13.3(3) of the Criminal Code regarding evidential burdens for a “reasonable excuse”. The Regulations thereby rely on general criminal evidence rules embedded in the Criminal Code.

Treaties

Torres Strait Treaty: The definition list includes the Torres Strait Treaty as relevant for the definition of “traditional inhabitants” (reg 4), embedding a treaty concept into the Regulations’ definitional framework.

Evidentiary and recordkeeping rules

The Regulations declare certificates and passes admissible evidence for purposes of section 77 of the Act (reg 37), linking administrative documentation to the Act’s evidentiary regime.

Transitional continuity with prior regulations

The Regulations repeal the Shipping Registration Regulations 1981 and include transitional provisions that preserve certain pre‑existing rules for applications or processes started under the earlier regulations (Part 6, regs 44-48). Those provisions explicitly ensure continuity in specified situations rather than producing an immediate clean break.

Practical effects of these interactions

The Regulations make registration conditional on compliance with other maritime safety, labour and insurance regimes, particularly for the International Register. Evidence from classification societies, port state control and insurance law is required; failure on those fronts can be grounds for cancellation (reg 12(1)(j), reg 27).
Administrative fees determined under the Australian Maritime Safety Authority Act 1990 are an operational precondition for lodgement (reg 7), making statutory fee regimes a gating mechanism.
The Regulations import external technical definitions (tonnage length, reg 9) and include practical references to the Navigation Act and international conventions, which requires applicants to coordinate documentary compliance across multiple legal regimes.
Review pathways are internal to the administrative structure (Chief Executive Officer review of certain Registrar decisions, reg 28), but where the Regulations refer to criminal procedure or evidential regimes they link into broader Commonwealth law frameworks.

In effect, the Regulations operate as the procedural hub connecting ship registration with safety regulation, labour regulation, international convention compliance, and administrative fee and evidentiary regimes.

The instrument as provided contains details on its making and commencement and transitional saving provisions that preserve elements of the prior regulatory framework. The following is the source‑stated amendment and commencement history contained in the instrument.

Making and formal commencement: The Regulations were made by the Governor‑General on the advice of the Federal Executive Council and are dated 21 February 2019 (front matter). The commencement table in regulation 2 specifies that the whole instrument commences at the same time as the Shipping Registration Amendment Act 2018, and records “1 April 2019” in Column 3 as the date related to commencement (reg 2). The instrument also notes the table relates only to the provisions as originally made and will not be altered for later amendments (reg 2(2)).
Replacement of previous instrument and transitional provisions: The Regulations replace the Shipping Registration Regulations 1981 (referenced in Part 6). Multiple transitional provisions ensure continuity:
- Regulation 44 preserves subregulation 7A(3) of the old 1981 Regulations for applications made before commencement where the applicant had not complied with subregulation 7A immediately before commencement and the Registrar had not decided the application.
- Regulation 46 preserves subregulation 33(4) of the 1981 Regulations for closure applications started before commencement where the prior subregulations had been satisfied but the Registrar had not yet recorded closure.
- Regulation 47 preserves pre‑commencement Gazette notices made under the 1981 Regulations determining ports for home port purposes, treating them as if made under subsection 38(2) of the new instrument.
- Regulation 48 treats extensions of time and pending extension requests given or made under the old 1981 Regulations as continuing under the new instrument’s corresponding provisions (reg 42 equivalents) where the relevant time had not yet ended or the Registrar had not yet decided the request.
Miscellaneous transitional matters: Regulation 45 applies section 22 (surrender of temporary pass) to temporary passes granted under section 23 of the Act both on or after commencement and to certain passes granted before commencement provided the voyage or validity had not ended before commencement.
No subsequent amendment history provided in the text: The copy of the instrument supplied contains no recorded later amendments, variations, or legislative instrument registers; it is the original text as made and commenced in 2019. The instrument itself cautions that its commencement table is tied to the version as originally made (reg 2(2)).

For users needing a consolidated amendment history beyond these initial transitional measures, the Regulations themselves do not list later amending instruments. Practitioners should therefore consult the consolidated legislative database or the Federal Register of Legislation for any post‑2019 amending instruments that alter or add to these Regulations.

The text of the Shipping Registration Regulations 2019 supplied does not include or cite any judicial decisions, and it does not reference specific litigation or case law. The instrument contains its own internal review and administrative redress mechanisms, notably:

Administrative review in the Authority: An owner of a ship may apply to the Chief Executive Officer of the Authority for review of a Registrar decision made under subsection 15F(1) or section 33B(1) of the Act, which concern registration in the International Register and cancellation decisions respectively. The review procedure requires a written application setting out reasons, contains a 28‑day timeframe for the CEO to give a written decision and reasons, and, if the CEO does not act within 28 days, the CEO is taken to have affirmed the Registrar’s decision (reg 28(1)-(7)).
The Regulations repeatedly note evidentiary burdens and cross‑refer to the Criminal Code in relation to strict‑liability offences (see the notes to regs 19, 20, 22, 25 and others that cite subsection 13.3(3) of the Criminal Code). That cross‑reference signals the evidentiary dynamics that would be operative in prosecutions and any subsequent litigation.
Cancellation and recording: The Regulations set out administrative steps that generate facts that could lead to litigation, for example where cancellation of International Register registration is based on contravention of certain laws or failure to meet regulatory requirements (reg 27). The instrument also prescribes that cancellations are to be recorded in the International Register without deletion (reg 27(3)(b)), producing records that could be relied on in subsequent disputes.

Because the instrument does not name cases or record judicial consideration, there is no litigation history contained within the text to summarise. Practitioners who are preparing for or defending litigation arising from registration, cancellation, or prosecution under these Regulations will need to search external case law databases for judicial decisions interpreting the Act and these Regulations. The instrument itself provides administrative pathways and statutory duties which would form the factual and legal substrate for any such litigation.

This instrument is detailed and prescriptive. Below are practical pitfalls and traps for the unwary, each grounded in the Regulation text and with references to the relevant provisions.

Six‑month documentary deadline for applications: Where an applicant does not produce the supporting documents required by reg 12(1) and the call sign licence for noting within six months after lodging the application, the Registrar may refuse the application (reg 12(3)). That is a hard administrative gating mechanism: an applicant can have its application refused if document collection is not completed within the six‑month window.
Strict‑liability offences with evidential burden: Several operational failures attract a strict‑liability offence with a 5 penalty unit fine (eg, failure to surrender registration certificates, provisional registration certificates or temporary passes, reg 19(3)-(4), 20(5), 22(1)). The explanatory notes refer to subsection 13.3(3) of the Criminal Code; a defendant bears an evidential burden for reasonable excuse. Practically this means the owner or agent must proactively retain and produce evidence of reasons for delay , the legal onus to raise that evidence is on them.
Signature and appointment formalities are exacting: Execution alternatives are tightly drafted (reg 5(2)-(4)). If an owner’s document requires signature by a person appointed by owners holding at least 33 shares (reg 5(5)(b)), the appointment must be in writing, specify the ship and be signed by each appointing owner (reg 5(9)). If the appointed person signs, every instrument of appointment must be produced for noting on lodgement (reg 5(11)). Multi‑party ownership structures commonly produce execution defects if these steps are not followed.
Marking technical specifications: The physical appearance of inscriptions is tightly specified , upright sans serif block capital letters of minimum 100 mm height and thickness 20-25% of height, legible numerals matching style and applied in waterproof contrasting paint (reg 23(2)). For inscription on structural members the “O.N.” and N.T. or L.O.A. incisions must be incised or formed as part of the fabric and at least 100 mm high (reg 23(3)). For some small or uniquely constructed vessels compliance may be impracticable; although the Authority can grant exemptions (reg 23(4)-(5)), that requires an application and any conditions the Authority imposes.
International Register documentary burden: Applicants for the International Register must lodge five years of port state control inspection and classification society records, a statutory declaration of predominant international trading, evidence of a collective agreement under s 11A of the Act and evidence of required insurance or indemnity as per s 61AM (reg 12(1)(j)(i)-(v)). Assembling these items can be time‑consuming and may expose prior compliance or safety issues that could jeopardise registration.
Provisional registration when abroad carries documentary checks and risks: Grant of a provisional registration certificate when the ship becomes entitled abroad requires an application signed by each owner with prescribed particulars and production of instruments of ownership, tonnage certificate and documentary evidence of closure of foreign registration (reg 20(1)-(3)). If the provisional certificate ceases before arrival in Australia and the person has possession and does not lodge it within 30 days, there is a strict‑liability offence (reg 20(5)). This creates operational risk for foreign acquisitions or reflagging transactions where timing and documentation across jurisdictions must be coordinated.
Change of name prohibitions: Proposed names must avoid names of existing registered ships and names likely to offend or falsely suggest official connections (reg 24(2)). Naming conflicts with ships in the course of registration are also precluded. The three‑name preference requirement (reg 11(1)(f), reg 24(1)(c)) means pre‑clearance research on name availability should be done before submitting applications.
Home port inscription and timing: Changing a home port requires inscription of the new home port on the ship in accordance with the marking rules, and the applicant must endorse the Registrar’s notice within 30 days confirming the inscription and lodge the endorsed notice or face a strict‑liability penalty (reg 38(4)-(6)). This is both a physical and a documentary task.
Registrar verification powers can delay registration: The Registrar may require statutory declarations to verify the authenticity of documents or any information (reg 43(1)(a)) and may refuse to enter a matter in the Registers until requirements are satisfied (reg 43(1)(c)). These verification steps are discretionary and may cause delays, particularly where ownership structures are complex or foreign documents require translation or legalisation.
Tonnage technicalities: The Regulations set a technical definition for tonnage length (reg 9). The measurement relies on specific waterline calculations and exceptions for raked keels, wooden/composite hulls and stepped decks. Errors in measurement or misunderstandings of these technical rules may affect tonnage certificate requirements and registration eligibility.
Retention and admissibility of certificates as evidence: Certificates and passes are declared admissible in evidence (reg 37). That elevates the importance of accuracy and proper safekeeping of certificates and passes , loss, misplacement or inconsistencies may lead to adverse administrative outcomes or prosecutions for non‑compliance with surrender obligations.
Transitional preservation of prior rules: Because the Regulations preserve certain provisions of the repealed 1981 Regulations for pending matters (regs 44-48), parties with older applications must double‑check which rules apply to their matter. It is not safe to assume all matters are governed entirely by the new Regulations.

These “gotchas” are operational and compliance‑driven; avoiding them requires precise attention to documentation, timelines and the statutory form and substance the Regulations prescribe.

Compliance under these Regulations is documentary, procedural and technical. Below is a practical compliance roadmap, drawn from the Regulations, for standard situations: initial registration, International Register registration, transfers, alterations and routine maintenance of registration status. Each step cites the relevant provisions.

Pre‑application checklist (general for any registration)

Confirm applicable register and eligibility: Determine whether registration is to be in the General Register or the International Register and whether eligibility criteria in the Act and Regulations are met (regs 10, 12). If International Register is intended, confirm the ship will be predominantly used for international trading and gather evidence to that effect (reg 12(1)(j)(iii)).
Appoint and document a registered agent: Prepare a written notice of the person to be the registered agent signed by each owner and, if the registered agent is not an owner, signed by the agent (reg 12(1)(a)). Ensure the agent’s address and contact details meet the definition of address in reg 4.
Prepare identification documents: If the ship was previously registered under the Act, prepare a statutory declaration identifying any differences from the prior register entry (reg 13(2)). If the ship was registered overseas, obtain the overseas registration certificate and confirm whether it includes builder’s certificate information; if not, lodge a statutory declaration with the relevant information (reg 13(3)). If the ship was never registered, secure a builder’s certificate or, if unobtainable, a statutory declaration with the required particulars (reg 13(4)).
Prepare ownership documents: Provide the transfer document for any change in ownership from the previous Australian register entry (reg 14(2)), or evidence of title under the overseas registration law for foreign‑registered ships (reg 14(3)). If never registered, provide builder’s certificate and transfer document(s) or a purchase document if acquired abroad (reg 14(4)). Where these are unavailable after reasonable action, provide statutory declaration(s) and a notice of intention posted on the Authority’s website 30 days prior to application (reg 14(5)).
Builder’s certificate compliance: If available, ensure the builder’s certificate meets the mandatory elements in reg 15(1) , name, builder’s ID, place and date of completion, builder and owner names and addresses, delivery date, characteristics per reg 39 and builder signature. If multiple builders or staged construction, obtain certificates signed by all responsible builders (reg 15(2)-(3)).
Tonnage certificate: Obtain a tonnage certificate where required (reg 12(1)(d)); confirm the ship’s gross and net tonnage and alternative tonnages are recorded for registers as required (reg 17(i)).

Application steps (reg 11 and reg 12)

Complete the written application form including:
- ship type, propulsion method, overall length, principal hull material, three proposed names in order of preference, proposed home port, IMO number if any (reg 11(1)(b)-(h));
- prior registration history if applicable (reg 11(1)(i)-(j));
- signature by owner(s) or charterer in the case of a ship on demise charter to Australian‑based operators (reg 11(1)(k)).
Lodge with the Registrar the supporting documents listed in reg 12(1)(a)-(g), and, if applying for the International Register, the additional items in reg 12(1)(j)(i)-(vii).
Bring or produce the call sign licence for noting where applicable (reg 12(2)).
Complete lodgement and ensure any processing charge under AMSA determinations is paid (reg 7).

Timeframes and signatures

Lodge all supporting documents within six months of the application or face potential refusal (reg 12(3)).
Ensure signatures are valid under reg 5: sign in the presence of a witness, execute under seal, or use power of attorney with the power produced for noting (reg 5(2)-(4)). Where representation is used, execute written appointments meeting reg 5(9) and produce appointment instruments at lodgement (reg 5(11)).

Marking and physical compliance

Inscribe name and home port following reg 23(1)-(3): ensure lettering style, stroke thickness, numerals and paint contrast meet reg 23(2). Incise or form the official number and N.T. or L.O.A. on a main beam or structural member to the specified height and form (reg 23(3)).
If marking is impracticable, apply to the Authority for an exemption (reg 23(4)-(5)) and ensure any conditions are met.

International Register additional steps

Assemble five years of port state control inspection records and classification society records (reg 12(1)(j)(i)-(ii)); obtain and lodge a statutory declaration that the ship will be predominantly used for international trading (reg 12(1)(j)(iii)).
Obtain and lodge evidence of a collective agreement with the seafarers’ bargaining unit under s 11A of the Act and evidence of the insurance or indemnity required under subsection 61AM(1) of the Act (reg 12(1)(j)(iv)-(v)).
If the ship’s owner is a company, include the Australian Company Number (reg 12(1)(j)(vii)).

Provisional registration and temporary pass handling

For provisional registration when abroad, ensure each owner signs the application and produce the required instruments, tonnage certificate and documentary evidence of foreign closure or steps to close foreign registration (reg 20(1)-(3)).
If granted a provisional registration or temporary pass, implement internal controls to ensure surrender or lodgement within the prescribed timelines (eg, provisional certificate lodged within 30 days after cessation before arrival; temporary pass surrendered within 10 days after voyage completion or abandonment) to avoid strict‑liability offences (regs 20(5), 22(1)).

Transfers, transmissions and alterations

For transfers, ensure bills of sale contain name and official number, number of shares, and transferor and transferee names and addresses and are signed by each transferor (reg 29(1)). Lodge a declaration of transfer in the form required (reg 29(2)).
For transmissions (death, administration, court orders), lodge the evidentiary documents described in reg 30(1) and a declaration signed by the recipients (reg 30(2)).
For alterations, give notice in writing signed by the registered agent specifying the ship, nature of alteration and include an alteration certificate with required particulars of changed characteristics and (if necessary) updated tonnage certificate and registration certificate; lodge within the timeframes in reg 34(5) (reg 34(1)-(5)).

Notices and ongoing compliance

Maintain current owner, charterer and registered agent details and lodge notices within 14 days of changes including supporting statutory declarations or legal documents as required (reg 25(1)-(2)).
For change of home port, ensure the ship is inscribed and endorse the Registrar’s notice within 30 days, lodging the endorsed notice with the Registrar (reg 38(4)-(6)).
Monitor the Register entries and correct obsolete or incorrect entries within the 30‑day period in reg 32 where relevant.

Registrar interactions and verifications

If the Registrar issues a verification notice under reg 43, comply promptly with statutory declarations or further documents required; the Registrar may refuse entries or actions until requirements are satisfied (reg 43(1)(c)). Prepare for potential requests requiring a statutory declaration by someone who has known the subject person for a specified period for identity or nationality verifications (reg 43(3)).

Recordkeeping and evidence

Keep originals or certified copies of builder’s certificates, transfer documents, statutory declarations, certificates and passes, and be prepared to lodge originals for noting (many provisions require production of documents for noting on lodgement).
Treat registration certificates and provisional passes as admissible evidence in legal proceedings (reg 37) and maintain chain of custody to demonstrate compliance with surrender obligations where applicable.

Practical timeline summary for a new registration (example)

Pre‑application (0-4 weeks): collect builder’s certificate, tonnage certificate and previous registration history, appoint registered agent and prepare declaration of ownership and nationality.
Application submission (week 4): lodge written application (reg 11) with reg 12 supporting documents, pay AMSA processing charge (reg 7).
Registrar queries and verification (weeks 4-12): respond to any reg 43 notices promptly; supply additional statutory declarations if requested.
Marking and physical inscription (weeks 8-16): ensure ship markings comply or obtain Authority exemption (reg 23).
Certificate issue and post‑issuance obligations (on issue): maintain current entries, surrender mislaid certificates appropriately, and implement change‑notification processes to meet reg 25 and related obligations.

To operationalise compliance, owners and agents should use checklists tied to the specific regs cited above, maintain a central document register for required originals and statutory declarations, and schedule tasks against the prescribed deadlines (six months for supporting documents, 30‑day surrender windows, 14‑day notification windows). Where international or foreign registration closure is involved, coordinate with foreign registry authorities and classification societies early to avoid gaps that could frustrate provisional or full registration (reg 20(3)(c), reg 12(1)(j)).

Adopting standardised execution templates (to meet reg 5), appointment instruments for representative signatories (reg 5(9)), and an internal calendar for statutory deadlines (reg 12(3), reg 22(1), reg 25(1), reg 38(6)) will reduce the practical risk of strict‑liability contraventions and administrative refusal of registrations.

Shipping Registration Regulations 2019

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