Commonwealth Consolidated Regulations

SHIPPING REGISTRATION REGULATIONS 1981 - REG 3

         (1)   Subject to this regulation, a document that is required by the Act or by these Regulations to be lodged with, or produced to, the Registrar or a proper officer (including an instrument of appointment for the purposes of subregulation (3) or (4)) is taken, for the purposes of these Regulations, to have been duly signed by a person if:

                (a)    the document is dated and is signed, in the presence of a witness:

                          (i)    where that person is a natural person -- by that person; or

                         (ii)    where that person is a corporation -- by an officer of the corporation; and

               (b)    there is subscribed to the signature of the signatory referred to in paragraph (a):

                          (i)    the signature of the witness;

                         (ii)    a legible statement of the name and address of the witness; and

                        (iii)    where that signatory is a person referred to in subparagraph (a) (ii) -- a legible statement of the name and designation of the signatory.

         (2)   Nothing in subregulation (1) is taken to prevent:

                (a)    the formal execution of a document under the corporate seal of a corporation; or

               (b)    the signature on behalf of a person of a document by an attorney under power;

but, where a document is signed as mentioned in paragraph (b), the power of attorney must be produced for noting upon the lodgment of the document in accordance with the Act or these Regulations.

         (3)   Subject to subregulation (6), subregulations (1) and (2) apply in relation to a document that is required by a provision of these Regulations to be duly signed by the owner of a ship as if the reference in that provision to the owner of the ship were a reference:

                (a)    in the case of a ship that belongs to one person only -- to that person or to a person appointed by that person in accordance with subregulation (5) for the purposes of this subregulation;

               (b)    in the case of a ship, being a ship required to be registered, that belongs to more than one person -- to one of the persons to whom the ship belongs or to a person appointed by such a person in accordance with subregulation (5) for the purposes of this subregulation; or

                (c)    in the case of a ship, being a ship permitted to be registered, that belongs to more than one person -- to a person appointed in accordance with subregulation (5) for the purposes of this subregulation by persons who:

                          (i)    are the owners of interests in the ship the sum of which is equal to not less than 33 shares in the property in the ship; and

                         (ii)    unless the ship is a ship on demise charter to an Australian-based operator, are Australian nationals.

         (5)   The appointment of a person for the purposes of subregulation (3) must be in writing and:

                (a)    must specify the ship to which it relates;

               (b)    must be duly signed by each person making the appointment; and

                (c)    may consist of several documents in like form, each duly signed by one or more of those persons.

         (6)   Where a document is signed by a person appointed for the purposes of subregulation (3), the instrument of appointment of that person must be produced for noting upon the lodgment or production of the first-mentioned document in accordance with the Act or these Regulations.