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SHIPPING REGISTRATION ACT 1981 - SECT 65 Alterations to ships

SHIPPING REGISTRATION ACT 1981 - SECT 65

Alterations to ships

  (1)   Where a registered ship is so altered as not to correspond with the particulars relating to the ship's tonnage or description contained in the relevant register , the registered agent shall give notice of the alteration, in such manner, and within such time, as are prescribed:

  (a)   if the alteration is made at a foreign port at which there is a proper officer--to the proper officer at that port;

  (b)   if the alteration is made outside Australia while the ship is at sea or at a foreign port at which there is no proper officer and, subsequently, but before arriving at an Australian port, the ship arrives at a foreign port at which there is a proper officer--to the proper officer at the first such port at which the ship so arrives; or

  (c)   in any other case--to the Registrar;

and:

  (d)   where a notice of alteration is so given to a proper officer--the proper officer shall, subject to the regulations, grant a provisional registration certificate in respect of the ship in accordance with the approved form ; or

  (e)   where a notice of alteration is so given to the Registrar--the Registrar shall, subject to the application of sections   16 and 26 as if the ship were not a registered ship, enter the alteration in the relevant register in accordance with the regulations and grant a new registration certificate in respect of the ship.

  (2)   Subject to subsection   ( 4), a provisional registration certificate granted in respect of a ship under subsection   ( 1) has the same effect as a registration certificate until:

  (a)   the ship arrives in an Australian port; or

  (b)   the expiration of the period of 6 months commencing on the date on which the certificate was granted;

whichever first happens.

  (3)   If a proper officer grants a provisional registration certificate under this section, he or she must forward the following to the Registrar:

  (a)   a copy of the certificate;

  (b)   a statement in accordance with the regulations setting out particulars relating to the grant of the certificate;

  (c)   the documents prescribed by the regulations for the purposes of this paragraph.

  (4)   If, while a provisional registration certificate granted in respect of a ship under subsection   ( 1) is in effect, application is made in the manner prescribed, the Registrar may, by notice in writing served on the applicant, extend, in relation to the certificate, the period referred to in paragraph   ( 2)(b) and, in that event, the reference in that paragraph to a period of 6 months shall be read as a reference to that period as so extended.

  (5)   The person who has possession of a provisional registration certificate granted in respect of a ship under subsection   ( 1) shall, within 10 days after the ship first arrives at an Australian port after the grant, lodge the certificate with the Registrar.

  (6)   Upon lodgment of a provisional registration certificate under subsection   ( 5), the Registrar shall, subject to the application of sections   16 and 26 as if the ship were not a registered ship, enter the alteration in the relevant register in accordance with the regulations and grant a new registration certificate in respect of the ship.

  (7)   Where a notice is not given in respect of a ship within a particular time as required by subsection   ( 1), the obligation to give notice as required by that subsection continues, notwithstanding that that time has passed, until that notice is so given.

  (8)   Where a notice is not given in respect of a ship as required by this section, the owner of the ship commits , in respect of each day during which the notice is not so given (including the day of a conviction under this subsection or any subsequent day), an offence punishable upon conviction:

  (a)   if the offender is a natural person--by a fine not exceeding 5 penalty units ; or

  (b)   if the offender is a body corporate--by a fine not exceeding 10 penalty units .