SHIPPING REGISTRATION ACT 1981 - SECT 12 Obligation to register Australian - owned ships

SHIPPING REGISTRATION ACT 1981 - SECT 12

  (1)   Subject to this Part, every Australian - owned ship shall be registered under this Act.

  (2)   Where an Australian - owned ship is operated by a foreign resident under a demise charter, the Authority may, by instrument in writing, exempt the ship during the term of the charter from the requirement to be registered.

  (3)   Where a ship required to be registered is not registered, the owner of the ship commits , in respect of each day on which the ship remains unregistered (including the day of a conviction for an offence against this subsection or any subsequent day), an offence, and, whether or not proceedings are instituted for such an offence, the ship may be detained until registration is e ffected.

  (3A)   An offence under subsection   ( 3) is an offence of strict liability.

Note:   For strict liability , see section   6.1 of the Criminal Code .

  (3B)   The owner does not commit an offence against subsection   ( 3), and the ship may not be detained under that subsection, if:

  (a)   the owner has made an application in accordance with section   15 or 15C to register the ship; and

  (b)   the Registrar has not made a decision on the application about whether to register the ship under section   15E or subsection   15F(1).

  (3C)   The owner does not commit an offence against subsection   ( 3), and the ship may not be detained under that subsection, if:

  (a)   the owner has made an application in accordance with section   15C to register the ship in the International Register; and

  (b)   the Registrar has made a decision not to register the ship under subsection   15F(1); and

  (c)   either:

  (i)   the Registrar has not notified the owner of the decision; or

  (ii)   the owner has made an application under section   78A for review of the Registrar's decision, and a decision has not been made on the application.

  (3D)   The owner does not commit an offence against subsection   ( 3), and the ship may not be detained under that subsection, if:

  (a)   the Registrar has made a decision to cancel the registration of the ship under section   33B; and

  (b)   either:

  (i)   the Registrar has not notified the owner of the decision; or

  (ii)   the owner has made an application under section   78A for review of the Registrar's decision, and a decision has not been made on the application.

  (4)   It is not a defence to a prosecution under subsection   ( 3) that the ship required to be registered is registered under the law of a foreign country.