Commonwealth Numbered Acts Commonwealth Numbered ActsShipping Registration Act 1981
1 Subsection 3(1)
Insert:
"Australian General Shipping Register" means the Register referred to in subsection 56(1).
2 Subsection 3(1)
Insert:
"Australian International Shipping Register" means the Register referred to in subsection 56(2).
3 Subsection 3(1)
Insert:
"Australian resident" : see resident of Australia .
4 Subsection 3(1)
Insert:
"fixed fee" , in respect of a matter, means a fee determined by the Authority under section 47 of the Australian Maritime Safety Authority Act 1990 in respect of the matter.
5 Subsection 3(1)
Insert:
"General Register" means the Australian General Shipping Register.
6 Subsection 3(1)
Insert:
"International Register" means the Australian International Shipping Register.
7 Subsection 3(1)
Insert:
"predominantly used to engage in international trading" : a ship is predominantly used to engage in international trading if, in a calendar year, the percentage of the time that the ship is used to engage in international trading exceeds the percentage of the time that the ship is used to engage in coastal trading or intra-State trading.
8 Subsection 3(1) (definition of Register )
Repeal the definition.
9 Subsection 3(1) (definition of registered )
Repeal the definition, substitute:
"registered" means registered under this Act in:
(a) the General Register; or
(b) the International Register.
10 Subsection 3(1) (definition of registered agent )
Repeal the definition, substitute:
"registered agent" , in relation to a ship that is registered in the General Register or International Register, means the person whose name and address are entered in the relevant register in respect of that ship under section 64.
11 Subsection 3(1)
Insert:
"Registers" means:
(a) the General Register; and
(b) the International Register.
12 Subsection 3(1)
Insert:
"relevant register" , in relation to a ship, means:
(a) if the ship is, or is to be, registered in the General Register--the General Register; and
(b) if the ship is, or is to be, registered in the International Register--the International Register.
13 Subsection 3(1)
Insert:
"resident of Australia or Australian resident" means an individual:
(a) whose permanent place of abode is in Australia, whether or not he or she is from time to time temporarily absent from Australia; or
(b) whose domicile is in Australia, unless his or her permanent place of abode is outside Australia.
14 Subsection 3(1)
Insert:
"ship entitled to be registered" means:
(a) a ship that is required to be registered; or
(b) a ship that is permitted to be registered.
15 Subsection 3(1) (at the end of the definition of ship permitted to be registered )
Add "or 15B".
16 Subsection 3(1)
Insert:
"surveyor" has the same meaning as in the Navigation Act.
17 Subsection 3(1)
Insert:
"trading ship means a ship for use " in connection with a commercial activity, but does not include:
(a) a Government ship; or
(b) a fishing vessel; or
(c) a pleasure craft.
Example: An example of a trading ship is a ship that is used wholly for the carriage of passengers or cargo for hire or reward.
18 Subsections 3(3) and (4)
Repeal the subsections.
19 After section 3
Insert:
3A Effect of closure or cancellation of registration
If the registration of a ship is closed or cancelled under this Act, the ship ceases to be registered.
20 Subsection 9(1)
After "paragraph 14(a), (b) or (c)", insert "or 15B(a), (b) or (c)".
21 Before section 12
Insert:
Subdivision A -- Obligation to register Australian-owned ships
22 After subsection 12(3A)
Insert:
(3B) The owner does not commit an offence against subsection (3), and the ship may not be detained under that subsection, if:
(a) the owner has made an application in accordance with section 15 or 15C to register the ship; and
(b) the Registrar has not made a decision on the application about whether to register the ship under section 15E or subsection 15F(1).
(3C) The owner does not commit an offence against subsection (3), and the ship may not be detained under that subsection, if:
(a) the owner has made an application in accordance with section 15C to register the ship in the International Register; and
(b) the Registrar has made a decision not to register the ship under subsection 15F(1); and
(c) either:
(i) the Registrar has not notified the owner of the decision; or
(ii) the owner has made an application under section 78A for review of the Registrar's decision, and a decision has not been made on the application.
(3D) The owner does not commit an offence against subsection (3), and the ship may not be detained under that subsection, if:
(a) the Registrar has made a decision to cancel the registration of the ship under section 33B; and
(b) either:
(i) the Registrar has not notified the owner of the decision; or
(ii) the owner has made an application under section 78A for review of the Registrar's decision, and a decision has not been made on the application.
23 After section 13
Insert:
Subdivision B -- The General Register
24 Sections 14 and 15
Repeal the sections, substitute:
14 Ships that may be registered in the General Register
The following ships may be registered in the General Register:
(a) Australian-owned ships;
(b) small craft that are wholly owned by Australian residents, or by Australian residents and Australian nationals;
(c) small craft that are operated solely by Australian residents, or by Australian nationals, or by both;
(d) ships that are on demise charter to Australian-based operators.
15 Application for registration in the General Register
An application to register a ship in the General Register must:
(a) be made in accordance with the regulations; and
(b) be accompanied by the fixed fee (if any) for the application.
25 Before section 16
Insert:
Subdivision C -- The International Register
15A Objects of the International Register
The objects of the International Register are to:
(a) facilitate Australian participation in international trade; and
(b) provide an internationally competitive register to facilitate the long term growth of the Australian shipping industry; and
(c) promote the enhancement and viability of the Australian maritime skills base and the Australian shipping industry.
15B Ships that may be registered in the International Register
The following ships may be registered in the International Register if they are at least 24 metres in tonnage length:
(a) trading ships that are Australian-owned ships;
(b) trading ships that are wholly owned by Australian residents, or by Australian residents and Australian nationals;
(c) trading ships that are operated solely by Australian residents, or by Australian nationals, or by both;
(d) trading ships that are on demise charter to Australian-based operators.
15C Application for registration in the International Register
An application to register a ship in the International Register must:
(a) be made in accordance with the regulations; and
(b) be accompanied by the fixed fee (if any) for the application; and
(c) be accompanied by evidence that a collective agreement has been made under section 11A.
15D Pre-registration inspection
(1) If the Registrar receives an application under section 15C to register a ship in the International Register, the Registrar may require that the ship be inspected by a surveyor for the purposes of determining the application for registration.
(2) A surveyor may, at any reasonable time, go on board a ship and inspect the ship for the purposes of subsection (1).
(3) However, a surveyor must not inspect a ship unless the fixed fee (if any) for the inspection has been paid.
15E Registration in the General Register
If an application under section 15 is made to register a ship in the General Register, then, subject to sections 16 and 17, the Registrar must register the ship in that register by entering in that register such particulars relating to the ship as are prescribed by the regulations.
15F Registration in the International Register
(1) If an application under section 15C is made to register a ship in the International Register, then, subject to sections 16 and 17, the Registrar may register the ship in that register by entering in that register such particulars relating to the ship as are prescribed by the regulations.
(2) When deciding under subsection (1) whether to register a ship in the International Register, the Registrar must have regard to:
(a) the age of the ship; and
(b) any information contained in the ship's port state control inspection records in relation to the period prescribed by the regulations; and
(c) the ship's classification society records in relation to the period prescribed by the regulations; and
(d) any inspection of the ship made by a surveyor under section 15D; and
(e) any matter that the Registrar considers relevant; and
(f) any matter prescribed by the regulations.
(3) The Registrar must refuse to register the ship in the International Register if the Registrar is satisfied that:
(a) the ship will not be predominantly used to engage in international trading; or
(b) a collective agreement has not been made between the owner of the ship and the ship's seafarers' bargaining unit under section 11A.
(4) The Registrar may refuse to register the ship in the International Register if the applicant for registration refuses to allow a surveyor to go on board or inspect the ship under section 15D.
(5) Subsections (3) and (4) do not limit the grounds on which the Registrar may refuse to register a ship in the International Register.
(6) If the Registrar refuses to register a ship in the International Register, the Registrar must give written notice of the decision to the applicant, specifying the reasons for the refusal.
26 Subsection 16(1)
Repeal the subsection, substitute:
(1) The Registrar must not register a ship in the General Register or International Register unless and until a certificate relating to the tonnage measurement of the ship issued under, or otherwise having effect because of, the Navigation Act has been lodged with the Registrar.
27 Section 17 (heading)
Repeal the heading, substitute:
28 Subsection 17(1)
Repeal the subsection, substitute:
(1) The Registrar must not:
(a) register a ship in the General Register if it is registered:
(i) in the International Register; or
(ii) under a law of a foreign country; and
(b) register a ship in the International Register if it is registered:
(i) in the General Register; or
(ii) under a law of a foreign country.
29 Section 18
Repeal the section.
30 Section 19
Repeal the section, substitute:
19 Grant of registration certificate
(1) Upon the registration of a ship in the General Register or International Register, the Registrar must grant a registration certificate for the ship.
(2) The registration certificate must:
(a) be in the prescribed form; and
(b) contain the particulars relating to the ship that were entered in the relevant register; and
(c) contain such other matters as are prescribed.
31 Section 22B
After "section 15", insert "or 15C".
32 Paragraph 27(4)(a)
Omit "Register", substitute "relevant register".
33 Paragraph 30(1)(a)
After "paragraph 14(d)", insert "or ships registered by virtue of section 15B".
34 At the end of Part II
Add:
Division 5 -- Special provisions relating to the International Register
Subdivision A -- Conditions of registration in the International Register
33A Conditions of registration in the International Register
(1) It is a condition of registration of a ship in the International Register that the person referred to in subsection (3) in relation to the ship must ensure that:
(a) an Australian national or Australian resident is the master or chief mate of the ship; and
(b) an Australian national or Australian resident is the chief engineer or first engineer of the ship.
Civil penalty: 300 penalty units.
(2) It is a condition of registration of a ship in the International Register that the person referred to in subsection (3) in relation to the ship must take reasonable steps to ensure that the positions of master and chief engineer are occupied by a person who is an Australian national or Australian resident.
Civil penalty: 300 penalty units.
(3) For the purposes of subsections (1) and (2), the person is:
(a) if the ship is registered because of paragraph 15B(a) or (b)--the owner of the ship; and
(b) if the ship is registered because of paragraph 15B(c) or (d)--the operator of the ship.
Subdivision B -- Cancellation of registration in the International Register
33B Cancellation of registration in the International Register
(1) The Registrar may cancel the registration of a ship in the International Register if the Registrar is satisfied that:
(a) the ship is or has been involved in a contravention, either in or outside of Australia, of:
(i) this Act; or
(ii) the Navigation Act; or
(iii) the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 ; or
(iv) a law prescribed by the regulations; or
(b) the ship:
(i) is not seaworthy (within the meaning of section 207 of the Navigation Act); or
(ii) is substandard (within the meaning of section 207A of the Navigation Act); or
(c) the ship has not been, or will not be, predominantly used to engage in international trading; or
(d) a collective agreement, made between the owner of the ship and the ship's seafarers' bargaining unit under section 11A, is not in force when the ship is used to engage in international trading; or
(e) a prescribed ground for cancelling the registration applies to the ship.
(2) If the Registrar cancels the registration of a ship in the International Register, the Registrar must give written notice of the decision to the owner, specifying the reasons for the cancellation.
(3) The regulations may prescribe requirements in relation to the cancellation of registration under this section.
Subdivision C -- Basis of registration in the International Register
33C Basis of registration in the International Register
(1) A ship is registered in the International Register on the basis that:
(a) the registration may be closed under this Act; and
(b) the registration may be cancelled under section 33B; and
(c) the registration may be closed, cancelled, revoked, terminated or varied by or under later legislation; and
(d) no compensation is payable if the registration is closed, cancelled, revoked, terminated or varied as mentioned in any of the above paragraphs.
(2) Subsection (1) does not, by implication, affect the interpretation of any other provision of this Act.
35 Subsection 36(2A)
Omit "Register", substitute "relevant register".
36 Subparagraph 36(3)(b)(iii)
After "paragraph 14(b) or (c)", insert "or 15B(b) or (c)".
37 Subsection 37(1A)
Omit "Register", substitute "relevant register".
38 Sections 45 and 46
Omit "Register", substitute "relevant register".
39 Subsections 47A(1), (3) and (4)
Omit "Register", substitute "relevant register".
40 Subsection 47A(7)
Omit "Register" (wherever occurring), substitute "relevant register".
41 Subsection 47B(1)
Omit "Register" (wherever occurring), substitute "relevant register".
42 Subsection 47B(2)
Omit "Register", substitute "relevant register".
43 Section 47C
Omit "Register" (wherever occurring), substitute "relevant register".
44 Subsection 47D(1)
Omit "Register", substitute "relevant register".
45 Subsection 47D(2)
Omit "Register" (wherever occurring), substitute "relevant register".
46 Subsection 47D(3)
Omit "Register", substitute "relevant register".
47 Subsection 48(1)
Omit "under the Authority, be responsible for the maintenance of the Register", substitute "subject to the control of the Authority, be responsible for the maintenance of the Registers".
48 Subsection 49(1)
Omit "Register" (wherever occurring), substitute "Registers".
49 Part V (heading)
Repeal the heading, substitute:
50 Section 56
Repeal the section, substitute:
(1) There is to be a register, to be known as the Australian General Shipping Register.
(2) There is to be a register, to be known as the Australian International Shipping Register.
(3) The Registers are not legislative instruments.
51 Section 57 (heading)
Repeal the heading, substitute:
57 Inspection of the Registers
52 Subsection 57(1)
Omit "Register", substitute "Registers".
53 Subsection 57(1) (note)
Repeal the note.
54 Subsection 57(2)
Omit "Register has been maintained in electronic form, provide for it", substitute "Registers have been maintained in electronic form, provide for them".
55 Subsections 57(3), (4) and (5)
Repeal the subsections, substitute:
(3) A person may inspect the Registers at any reasonable time during the hours when the Registration Office is open for business on payment of the fixed fee (if any) for the inspection.
(4) A person is entitled to be provided with a copy of, or an extract from, any entry in the Registers on payment of the fixed fee (if any) for the copy or extract.
(5) If the Registrar has made provision for electronic inspection of the Registers otherwise than at the Registration Office, a person may electronically inspect the Registers and make a copy of any electronic entry in the Registers on payment of the fixed fee (if any) for the inspection and copy.
56 Section 58 (heading)
Repeal the heading, substitute:
58 Obsolete or incorrect entries in the Registers
57 Paragraph 58(1)(a)
Omit ", no entry or amendment of an entry has been made in the Register", substitute "that is registered in the General Register or International Register, no entry or amendment of an entry has been made in the relevant register".
58 Subparagraphs 58(1)(b)(i) and (ii)
Omit "Register", substitute "relevant register".
59 Paragraph 58(2)(b)
Omit "Register", substitute "relevant register".
60 Subsection 58(2A)
Omit "Register", substitute "relevant register".
61 Paragraph 58(3)(a)
Omit "Register", substitute "relevant register".
62 Section 59 (heading)
Repeal the heading, substitute:
59 Rectification of the Registers
63 Paragraphs 59(1)(a), (b), (c) and (d)
Omit "Register", substitute "General Register or International Register".
64 Subsection 59(1)
Omit "rectification of the Register" (wherever occurring), substitute "rectification of that register".
65 Subsection 59(2)
Omit "Register" (first occurring), substitute "General Register or International Register".
66 Subsection 59(2)
Omit "the Register" (second and third occurring), substitute "that register".
67 Subsection 59(3)
Omit "Register", substitute "General Register or International Register".
68 Subsection 59(5)
Omit "shall, upon receipt of the order, rectify the Register accordingly", substitute "must, upon receipt of the order, rectify the General Register or International Register accordingly".
69 Section 60 (heading)
Repeal the heading, substitute:
60 Correction of clerical errors in the Registers
70 Section 60
Omit "Register", substitute "General Register or International Register".
71 Section 61 (heading)
Repeal the heading, substitute:
61 False entries in the Registers
72 Section 61
Omit "Register", substitute "General Register or International Register".
73 Section 62 (paragraph (b) of the definition of owner )
After "14(b)", insert "or 15B(b)".
74 Section 62 (paragraph (c) of the definition of owner )
Omit "or a ship registered by virtue of paragraph 14(d)", substitute ", 14(d), 15B(c) or 15B(d)".
75 Subsection 64(1)
Omit "shall be entered in the Register in respect of every registered ship", substitute "must be entered in the General Register or International Register, in respect of every ship registered in that register,".
76 Paragraph 64(1)(a)
After "14(c)", insert "or 15B(c)".
77 Paragraph 64(1)(b)
After "14(d)", insert "or 15B(d)".
78 Subsection 64(1A)
Omit "section 15, the name and address of the first person to be the registered agent of the ship shall be entered in the Register", substitute "section 15 or 15C, the name and address of the first person to be the registered agent of the ship must be entered in the relevant register".
79 Paragraph 64(2)(a)
Omit "Register", substitute "relevant register".
80 Subsection 65(1)
Omit "Register" (wherever occurring), substitute "relevant register".
81 Subsection 65(6)
Omit "Register", substitute "relevant register".
82 Subsection 66(1)
Omit "if", substitute "If".
83 Paragraph 66(1)(a)
Repeal the paragraph, substitute:
(a) a ship registered in the General Register or International Register:
(i) is lost (whether actually or constructively); or
(ii) is taken by an enemy; or
(iii) is burnt or broken up; or
(iv) ceases to be entitled to be registered in that register; and
84 Subsection 66(2)
Omit "Register", substitute "relevant register".
85 Subsection 66(3)
Omit "Register", substitute "relevant register".
86 Paragraph 66(3)(b)
After "registered", insert "in the relevant register".
87 Subsection 77(2)
Omit "Register" (first occurring), substitute "General Register or International Register,".
88 Subsection 77(2)
Omit "Register" (last occurring), substitute "General Register or International Register".
89 Section 78 (heading)
Repeal the heading, substitute:
78 AAT review of certain decisions
90 After section 78
Insert:
78A Internal review of certain decisions
(1) An application may be made to the Chief Executive Officer of the Authority for review of a decision made by the Registrar under:
(a) subsection 15F(1) (which is about the registration of ships in the International Register); or
(b) subsection 33B(1) (which is about cancelling the registration of ships in the International Register).
(2) The regulations may make provision for review under this section.
91 Paragraph 83(2)(c)
Omit "Register" (wherever occurring), substitute "Registers".
92 Paragraph 83(2)(d)
Omit "Register", substitute "Registers".
93 Paragraph 83(2)(f)
Omit "Register", substitute "General Register or International Register".
94 Subparagraph 83(2)(t)(iv)
Omit "; and", substitute ";".
95 Subparagraph 83(2)(t)(v)
Repeal the subparagraph.
96 Subsection 83(5)
Repeal the subsection, substitute:
(5) The regulations may:
(a) provide for offences against the regulations; and
(b) provide for civil penalties for contraventions of the regulations.
(5A) The penalties for offences or civil penalties referred to in subsection (5) must not be more than 50 penalty units for an individual or 250 penalty units for a body corporate.
Part 2 -- Application, saving and transitional provisions relating to Part 1
97 Interpretation
In this Part:
commencement means the day this Schedule commences.
Registration Act means the Shipping Registration Act 1981 .
98 Application of Part 1
(1) The amendments made by Part 1 of this Schedule apply on and after commencement in relation to:
(a) ships that are registered immediately before commencement; and
(b) ships that are registered, or that are required or permitted to be registered, on or after commencement.
(2) In addition, the amendment made by item 22 applies on and after commencement in relation to applications to register a ship that are made before, on or after commencement.
99 Transitioning the Register, registration and certificates
(1) The register known as the Australian Register of Ships that was in existence under section 56 of the Registration Act immediately before commencement continues in existence (and may be dealt with) as if it were the Australian General Shipping Register referred to in subsection 56(1) of that Act (as amended by this Schedule).
(2) If, immediately before commencement, a ship is registered in the Australian Register of Ships under section 18 of the Registration Act, then the registration of the ship continues in effect (and may be dealt with) as if the ship were registered in the Australian General Shipping Register under section 15E of that Act (as amended by this Schedule).
(3) A reference to "the Australian Register of Ships" in:
(a) a registration certificate granted before commencement under section 19 or 21 of the Registration Act; or
(b) a provisional registration certificate granted before commencement under section 21, 22 or 22A of the Registration Act;
is taken, on and after commencement, to be a reference to "the Australian General Shipping Register".
100 Transitioning applications for registration
If, before commencement:
(a) an application had been made in accordance with section 15 of the Registration Act to register a ship; and
(b) the Registrar had not made a decision on the application;
then the application is taken to have been made in accordance with section 15 of that Act (as amended by this Schedule).
101 Saving of regulations relating to registration
Regulations relating to applications for registration
(1) Despite the repeal of section 15 of the Registration Act by item 24 of this Schedule, regulations that:
(a) were made for the purposes of that section; and
(b) were in force immediately before commencement;
continue in force (and may be dealt with) as if they had been made for the purposes of section 15 of that Act (as amended by this Schedule).
Regulations relating to entry of particulars in the Register
(2) Despite the repeal of section 18 of the Registration Act by item 29 of this Schedule, regulations that:
(a) were made for the purposes of that section; and
(b) were in force immediately before commencement;
continue in force (and may be dealt with) as if they had been made for the purposes of section 15E of that Act (as amended by this Schedule).
Regulations relating to grant of registration certificate
(3) Despite the repeal of section 19 of the Registration Act by item 30 of this Schedule, regulations that:
(a) were made for the purposes of that section; and
(b) were in force immediately before commencement;
continue in force (and may be dealt with) as if they had been made for the purposes of paragraph 19(2)(c) of that Act (as amended by this Schedule).
102 Saving of regulations providing for offences
Despite the repeal of subsection 83(5) of the Registration Act by item 96 of this Schedule, regulations that:
(a) were made for the purposes of that subsection; and
(b) were in force immediately before commencement;
continue in force (and may be dealt with) as if they had been made for the purposes of subsection 83(5) of that Act (as amended by this Schedule).
103 Saving of other regulations
Despite the amendment of sections 37, 47A, 58 and 65 and subsection 83(2) of the Registration Act by this Schedule, regulations that:
(a) were made for the purposes of those provisions; and
(b) were in force immediately before commencement;
continue in force (and may be dealt with) as if they had been made for the purposes of those provisions of that Act (as amended by this Schedule).
104 Transitioning references to "the Register" in regulations
A reference to "the Register" in regulations that:
(a) were made for the purposes of a provision of the Registration Act; and
(b) were in force immediately before commencement;
is taken, on and after commencement, to be a reference to "the relevant Register".