Commonwealth Consolidated Acts

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SHIPPING REGISTRATION ACT 1981 - SECT 59

Rectification of Register

             (1)  If:

                     (a)  an entry is omitted from the Register;

                     (b)  an entry is made in the Register without sufficient cause;

                     (c)  an entry wrongly exists in the Register; or

                     (d)  there is an error or defect in an entry in the Register;

whether or not by reason of a decision of an officer (including a decision that the officer was empowered by this Act to make) a person aggrieved or the Registrar may apply to the Supreme Court of a State or Territory for rectification of the Register, and the Court may make such order as it thinks fit directing the rectification of the Register.

             (2)  Without limiting the generality of paragraph (1)(a), the reference in that paragraph to an entry omitted from the Register shall be read as including a reference to a matter that is required or permitted by this Act to be entered, or to remain, in the Register, but is not entered in, or is removed from, the Register.

             (3)  A Court may, in proceedings under this section, decide any question that it is necessary or expedient to decide in connection with the rectification of the Register.

             (4)  Notice of an application under this section by a person aggrieved shall be served on the Registrar, who may appear and be heard, and shall appear if so directed by the Court.

             (5)  An office copy of an order under this section shall be served on the Registrar, and the Registrar shall, upon receipt of the order, rectify the Register accordingly.



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