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SHIPPING REGISTRATION ACT 1981 - SECT 58 Obsolete or incorrect entries in the Registers

SHIPPING REGISTRATION ACT 1981 - SECT 58

Obsolete or incorrect entries in the Registers

  (1)   Where:

  (a)   in relation to a particular ship that is registered in the General Register or International Register, no entry or amendment of an entry has been made in the relevant register for such period as is prescribed for the purposes of this section; and

  (b)   the Registrar has reason to suspect that:

  (i)   any particulars entered in the relevant register in relation to the ship are incorrect;

  (ii)   in relation to the ship, any notice, information or document in relation to which an entry in the relevant register is required by this Act to be made has not been lodged with the Registrar within the period referred to in paragraph   ( a); or

  (iii)   the ship has been lost (whether actually or constructively), taken by an enemy, burnt or broken up;

the Registrar may, by notice in writing served on the registered agent or any owner of the ship, require him or her to furnish to the Registrar, within a specified period (not being less than 30 days) after the date of service of the notice, such information and documents relating to the ship as are specified in the notice.

  (2)   Where:

  (a)   a person on whom a notice is served under subsection   ( 1) fails to furnish to the Registrar, within the period specified in the notice, the information and documents specified in the notice; or

  (b)   the person on whom a notice is so served furnishes information or documents that the Registrar considers may justify the closure of the registration relating to the ship or the alteration of any entry made in the relevant register ;

the Registrar shall inform the Authority of that failure or furnish that information or those documents, as the case requires, to the Authority.

  (2A)   If the Authority is of the opinion that the failure of a person to comply with a notice served upon him or her under subsection   ( 1) or any information or document furnished to him or her by the Registrar justifies the giving of directions under this subsection, the Authority may, by notice in writing, give the Registrar such directions as it thinks fit with respect to the closure of the registration relating to the ship or with respect to any entry or amendment of an entry to be made in the relevant register .

  (3)   The Registrar shall comply with a direction given under subsection   ( 2A) and, where the Authority directs the closure of the registration relating to a ship:

  (a)   if the Authority states in the direction that it is of the opinion that the ship has been lost (whether actually or constructively), taken by an enemy, burnt or broken up--the Registrar shall make an entry in the relevant register of that statement, and the registration of the ship shall thereupon be deemed to be closed; or

  (b)   in any other case--section   66 applies as if the ship had ceased to be entitled to be registered and the direction were a notice under subsection   66(1) stating that fact.