SHIPPING REGISTRATION ACT 1981 - NOTES

SHIPPING REGISTRATION ACT 1981 - NOTES

No. 8, 1981

Compilation No. 20

Compilation date: 1 September 2021

Includes amendments up to: Act No. 13, 2021

Registered: 17 November 2021

About this compilation

This compilation

This is a compilation of the Shipping Registration Act 1981 that shows the text of the law as amended and in force on 1 September 2021 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part I--Preliminary

1 Short title

2 Commencement

3 Interpretation

3A Effect of closure or cancellation of registration

3B Approved forms

4 Repeal

5 Act binds 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 Collective agreement with the seafarers' bargaining unit

Part II--Registration of Ships

Division 1--Registration

Subdivision A--Obligation to register Australian-owned ships

12 Obligation to register Australian-owned ships

13 Exemptions from registration

Subdivision B--The General Register

14 Ships that may be registered in the General Register

15 Application for registration in the General Register

Subdivision C--The International Register

15A Objects of the International Register

15B Ships that may be registered in the International Register

15C Application for registration in the International Register

15D Pre-registration inspection

Subdivision D--Registration

15E Registration in the General Register

15F Registration in the International Register

16 Tonnage measurement of ship before registration

17 No multiple registrations

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

Division 5--Special provisions relating to the International Register

Subdivision A--Conditions of registration in the International Register

33A Conditions of registration in the International Register

Subdivision B--Cancellation of registration in the International Register

33B Cancellation of registration in the International Register

Subdivision C--Basis of registration in the International Register

33C Basis of registration in the International Register

Part III--Transfers, transmissions, security interests and other dealings

34 Interpretation

36 Transfer of ship etc.

37 Transmission of ship etc. by operation of law

37A Delivery of registration certificate on transfer etc.

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 Registers

56 The Registers

57 Inspection of the Registers

58 Obsolete or incorrect entries in the Registers

59 Rectification of the Registers

59A Rectification of Personal Property Securities Register

60 Correction of clerical errors in the Registers

61 False entries in the Registers

Part VA--Seafarers

Division 1--Application of other laws to International Register ships

61AA Application of other laws to International Register ships

61AB When is a ship used to engage in international trading?

Division 2--Work agreements

Subdivision A--Application of this Division

61AC Application of this Division

Subdivision B--Requirements that apply to work agreements

61AD Work agreement must comply with this Division

61AE Wages

61AF Paid annual leave

61AG Dispute resolution procedure

Subdivision C--Effect of other agreements on the work agreement

61AH Effect of collective agreement with the seafarers' bargaining unit

61AI Effect of other agreements

Subdivision D--Enforcement of work agreement in relation to wages and annual leave

61AJ Wages to be paid

61AK Annual leave may be taken

Division 3--Protection against victimisation of seafarers

61AL Protection against victimisation

Division 4--Injury etc. of seafarers

61AM Compulsory insurance for death or long-term disability

61AN Liability for medical attendance etc.

61AO Liability for wages of sick or injured seafarers

Division 5--Enforcement of this Part

61AP Some provisions of the Navigation Act apply for enforcement of this Part

Part VB--Enforcement

Division 1--Civil penalty provisions

Subdivision A--Obtaining a civil penalty order

61BA Civil penalty orders

61BB Civil enforcement of penalty

61BC Conduct contravening more than one civil penalty provision

61BD Multiple contraventions

61BE Proceedings may be heard together

61BF Civil evidence and procedure rules for civil penalty orders

61BG Contravening a civil penalty provision is not an offence

Subdivision B--Civil proceedings and criminal proceedings

61BH Civil proceedings after criminal proceedings

61BI Criminal proceedings during civil proceedings

61BJ Criminal proceedings after civil proceedings

61BK Evidence given in civil proceedings not admissible in criminal proceedings

Subdivision C--Miscellaneous

61BL Ancillary contravention of civil penalty provisions

61BM Mistake of fact

61BN State of mind

61BO Civil penalty provisions contravened by employees, agents or officers

61BP Continuing contraventions of civil penalty provisions

Division 2--Infringement notices, voluntary enforceable undertakings and injunctions

Subdivision A--Infringement notices

61BQ When an infringement notice may be given

61BR Matters to be included in an infringement notice

61BS Extension of time to pay amount

61BT Withdrawal of an infringement notice

61BU Effect of payment of amount

61BV Effect of this Division

Subdivision B--Enforceable undertakings

61BW Acceptance of undertakings

61BX Enforcement of undertakings

Subdivision C--Injunctions

61BY Grant of injunctions

61BZ Interim injunctions

61BZA Discharging or varying injunctions

61BZB Certain limits on granting injunctions not to apply

61BZC Other powers of a relevant court unaffected

Division 3--Civil jurisdiction of courts

61BZD Civil jurisdiction of courts

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 AAT review of certain decisions

78A Internal 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

Endnotes

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Endnotes

Endnote 1--About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Abbreviation key--Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history--Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.

Endnote 2--Abbreviation key

Endnote 3--Legislation history

(a) The Shipping Registration Act 1981 was amended by section  3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1983, subsection  2(1) of which provides as follows:

 (1) Subject to this section, this Act shall come into operation on the twenty -eighth day after the day on which it receives the Royal Assent.

(b) The Shipping Registration Amendment Act 1984 was amended by section  3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1984 , subsection 2(24) of which provides as follows:

 (24) The amendments of the Shipping Registration Amendment Act 1984 made by this Act shall come into operation, or be deemed to have come into operation, as the case requires, on the commencement of section 20 of that Act.

 Section 20 commenced on 1 October 1985 (see Gazette 1985, No. S394).

(c) The Shipping Registration Act 1981 was amended by subsection  151(1) only of the Public Service Reform Act 1984, subsection 2(4) of which provides as follows:

 (4) The remaining provisions of this Act shall come into operation on such day as is, or on such respective days as are, fixed by Proclamation.

(d) The Shipping Registration Act 1981 was amended by section  3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1985, subsections  2(12)-(14) of which provide as follows:

 (12) The amendment of section  41 of the Shipping Registration Act 1981 made by this Act shall come into operation, or shall be deemed to have come into operation, as the case may be, immediately after the commencement of section  15 of the Shipping Registration Amendment Act 1984.

 (13) The amendments of paragraphs 47C(a) and (b) of the Shipping Registration Act 1981 made by this Act shall come into operation, or shall be deemed to have come into operation, as the case may be, immediately after the commencement of section  18 of the Shipping Registration Amendment Act 1984.

 (14) The amendments of subsections  74(1) and (2) of the Shipping Registration Act 1981 made by this Act shall come into operation, or shall be deemed to have come into operation, as the case may be, immediately after the commencement of section  23 of the Shipping Registration Amendment Act 1984.

 Sections 15, 18 and 23 commenced on 1 October 1985 (see Gazette 1985, No. S394).

(e) The Shipping Registration Act 1981 was amended by section  3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1986, subsections  2(1), (22) and (23) of which provide as follows:

 (1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.

 (22) The amendment of section  22B of the Shipping Registration Act 1981 made by this Act shall come into operation, or shall be deemed to have come into operation, as the case may be, immediately after section  8 of the Shipping Registration Amendment Act 1984 came or comes into operation.

 (23) The amendment of subsection  47A(1) of the Shipping Registration Act 1984 made by this Act shall be deemed to have come into operation immediately after section  18 of the Shipping Registration Amendment Act 1984 came into operation.

 Section 8 commenced on 1 October 1986 (see Gazette 1986, No. S491).

 Section 18 commenced on 1 October 1985 (see Gazette 1985, No. S394).

Endnote 4--Amendment history