Commonwealth Consolidated Acts

SHIPPING REGISTRATION ACT 1981

TABLE OF PROVISIONS

   PART I--PRELIMINARY

   1.      Short title [see Note 1]  
   2.      Commencement [see Note 1]  
   3.      Interpretation  
   4.      Repeal  
   5.      Act to bind the Crown  
   6.      Application of Act  
   7.      Act not to apply to Defence Force ships etc.  
   8.      Australian-owned ships  
   9.      Ships on demise charter to Australian-based operators  
   10.     Determination of overall length and tonnage length of ship  
   11.     Registration of property in ships  
   11A.    Application of the Criminal Code  

   PART II--REGISTRATION OF SHIPS

           Division 1--Registration

   12.     Obligation to register Australian-owned ships  
   13.     Exemptions from registration  
   14.     Ships permitted to be registered  
   15.     Application for registration  
   16.     Tonnage measurement of ship before registration  
   17.     Foreign-registered ships not registrable under this Act  
   18.     Entry of particulars in Register  

           Division 2--Registration certificates

   19.     Grant of registration certificate  
   20.     Custody of registration certificate  
   21.     New certificates and provisional certificates  
   22.     Provisional certificates for ships becoming entitled to be registered when abroad  
   22A.    Provisional certificates granted by the Registrar  
   22B.    Provisional registration certificates not to be issued in certain circumstances  
   23.     Temporary passes  
   25.     Use of improper certificate  

           Division 3--Identification

   26.     Marking of ship  
   27.     Name of registered ship and change of name  
   28.     Power of Minister to disallow name proposed for ship  

           Division 4--Nationality and national Colours

   29.     Certain ships to have Australian nationality  
   30.     National colours and other flags  
   31.     Declaration of ship's nationality before clearance  
   32.     Improperly assuming Australian nationality  
   33.     Concealing Australian nationality  

   PART III--TRANSFERS, TRANSMISSIONS AND MORTGAGES

   34.     Interpretation  
   36.     Transfer of ship etc.  
   37.     Transmission of ship etc. by operation of law  
   37A.    Delivery of registration certificate on transfer etc.  
   38.     Mortgage of ship etc.  
   39.     Priority of mortgages  
   40.     Mortgage not to change ownership  
   41.     Mortgagee to have power of disposal  
   42.     Transfer of mortgage  
   43.     Transmission of mortgage by operation of law  
   44.     Discharge of mortgage  
   44A.    Voluntary closure of Register so far as it relates to a mortgage  
   45.     Powers of disposal by owner  
   46.     Trusts not recognized  
   47.     Equities not excluded  
   47A.    Caveat may be lodged forbidding registration of certain instruments  
   47B.    Notice of caveat  
   47C.    When caveat to lapse  
   47D.    No dealing to be registered while caveat in force  
   47E.    Compensation for lodging caveat without reasonable cause  

   PART IV--ADMINISTRATION

   48.     Registrar and Deputy Registrars of Ships  
   49.     Functions and powers of Registrar  
   50.     Appointment of Registrar and Deputy Registrars  
   51.     Acting Registrar and Deputy Registrars  
   52.     Delegation by Minister  
   53.     Delegation by Registrar  
   54.     Registration Office  
   55.     Seal of Registration Office and signature of Registrar  

   PART V--THE REGISTER OF SHIPS

   56.     Australian Register of Ships  
   57.     Inspection of Register  
   58.     Obsolete or incorrect entries in Register  
   59.     Rectification of Register  
   60.     Correction of clerical errors in Register  
   61.     False entries in Register  

   PART VI--MISCELLANEOUS

   62.     Interpretation  
   63.     Liabilities of ships not registered  
   64.     Registered agent  
   65.     Alterations to ships  
   66.     Ships lost etc. or ceasing to be entitled to be registered  
   67.     Power to inquire into ownership of registered ship  
   68.     Unregistered ships not to leave Australia  
   69.     Unregistered ships not to leave foreign ports  
   70.     Proceedings on forfeiture  
   71.     Detention of ships  
   72.     Taking officers to sea  
   73.     False statements etc.  
   74.     Offences--general  
   75.     Prosecution of offences  
   76.     Joinder of charges and penalties for certain offences  
   77.     Admissibility of documents in evidence  
   78.     Review of certain decisions  
   79.     Preservation of State and Territory legislation  
   80.     References in other laws  
   81.     Jurisdiction of Territory Supreme Courts  
   82.     Appeals  
   83.     Regulations  

   PART VII--TRANSITIONAL PROVISIONS

   84.     Interpretation  
   85.     Additional operation of Part  
   86.     Ships registered in Australia under previous law deemed registered under this Act  
   87.     Transfer of registration from foreign ports of ships entitled to be registered  
   88.     Instruments etc. made under previous law or corresponding foreign law continue in force  
   89.     Applications under previous law  
   90.     Certificates of registry may be recalled  
   91.     Registers kept under previous law in Australia incorporated with Register  
   92.     Verification of particulars--Registers kept under previous law etc.  
   93.     Ships deemed to be registered to cease to be registered if not entitled to be registered  
   94.     Registrar may defer registration etc.  
   95.     Regulations for transitional purposes