Commonwealth Consolidated Acts

SHIPPING REGISTRATION ACT 1981 - SECT 9

             (1)  A reference in this Act to a ship on demise charter to an Australian‑based operator shall be read as a reference to a ship (not being a ship required to be registered or a ship that may be registered by virtue of paragraph 14(a), (b) or (c)) on demise charter to:

                     (a)  an Australian national or Australian nationals, and to no other person; or

                     (b)  2 or more persons who include an Australian national or Australian nationals, where the Australian national is, or the Australian nationals are, as the case may be, in a position to control the exercise of the rights and powers of the charterers under the charterparty.

             (2)  In subsection (1), a reference to an Australian national does not include:

                     (a)  if the Australian national is an Australian citizen--a reference to an Australian citizen who is not ordinarily resident in Australia; or

                     (b)  if the Australian national is a body corporate established by or under a law of the Commonwealth or of a State or Territory--a reference to such a body corporate that does not have its principal place of business in Australia.