Commonwealth: Shipping Registration Act 1981 (Cth)

Shipping Registration Act 1981 No. 8, 1981 Compilation No. 21 Compilation date: 14 October 2024 Includes amendments: Act No. 38, 2024 About this compilation This compilation This is a compilation of the Shipping Registration Act 1981 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part I—Preliminary 1 Short title 2 Commencement 3 Interpretation 3A Effect of closure or cancellation of registration 3B Approved forms 4 Repeal 5 Act binds the Crown 6 Application of Act 7 Act not to apply to Defence Force ships etc. 8 Australian‑owned ships 9 Ships on demise charter to Australian‑based operators 10 Determination of overall length and tonnage length of ship 11 Registration of property in ships 11A Collective agreement with the seafarers' bargaining unit Part II—Registration of Ships Division 1—Registration Subdivision A—Obligation to register Australian‑owned ships 12 Obligation to register Australian‑owned ships 13 Exemptions from registration Subdivision B—The General Register 14 Ships that may be registered in the General Register 15 Application for registration in the General Register Subdivision C—The International Register 15A Objects of the International Register 15B Ships that may be registered in the International Register 15C Application for registration in the International Register 15D Pre‑registration inspection Subdivision D—Registration 15E Registration in the General Register 15F Registration in the International Register 16 Tonnage measurement of ship before registration 17 No multiple registrations Division 2—Registration certificates 19 Grant of registration certificate 20 Custody of registration certificate 21 New certificates and provisional certificates 22 Provisional certificates for ships becoming entitled to be registered when abroad 22A Provisional certificates granted by the Registrar 22B Provisional registration certificates not to be issued in certain circumstances 23 Temporary passes 25 Use of improper certificate Division 3—Identification 26 Marking of ship 27 Name of registered ship and change of name 28 Power of Minister to disallow name proposed for ship Division 4—Nationality and national Colours 29 Certain ships to have Australian nationality 30 National colours and other flags 31 Declaration of ship's nationality before clearance 32 Improperly assuming Australian nationality 33 Concealing Australian nationality 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 Subdivision B—Cancellation of registration in the International Register 33B Cancellation of registration in the International Register Subdivision C—Basis of registration in the International Register 33C Basis of registration in the International Register Part III—Transfers, transmissions, security interests and other dealings 34 Interpretation 36 Transfer of ship etc. 37 Transmission of ship etc. by operation of law 37A Delivery of registration certificate on transfer etc. 45 Powers of disposal by owner 46 Trusts not recognized 47 Equities not excluded 47A Caveat may be lodged forbidding registration of certain instruments 47B Notice of caveat 47C When caveat to lapse 47D No dealing to be registered while caveat in force 47E Compensation for lodging caveat without reasonable cause Part IV—Administration 48 Registrar and Deputy Registrars of Ships 49 Functions and powers of Registrar 50 Appointment of Registrar and Deputy Registrars 51 Acting Registrar and Deputy Registrars 52 Delegation by Minister 53 Delegation by Registrar 54 Registration Office 55 Seal of Registration Office and signature of Registrar Part V—The Registers 56 The Registers 57 Inspection of the Registers 58 Obsolete or incorrect entries in the Registers 59 Rectification of the Registers 59A Rectification of Personal Property Securities Register 60 Correction of clerical errors in the Registers 61 False entries in the Registers Part VA—Seafarers Division 1—Application of other laws to International Register ships 61AA Application of other laws to International Register ships 61AB When is a ship used to engage in international trading? Division 2—Work agreements Subdivision A—Application of this Division 61AC Application of this Division Subdivision B—Requirements that apply to work agreements 61AD Work agreement must comply with this Division 61AE Wages 61AF Paid annual leave 61AG Dispute resolution procedure Subdivision C—Effect of other agreements on the work agreement 61AH Effect of collective agreement with the seafarers' bargaining unit 61AI Effect of other agreements Subdivision D—Enforcement of work agreement in relation to wages and annual leave 61AJ Wages to be paid 61AK Annual leave may be taken Division 3—Protection against victimisation of seafarers 61AL Protection against victimisation Division 4—Injury etc. of seafarers 61AM Compulsory insurance for death or long‑term disability 61AN Liability for medical attendance etc. 61AO Liability for wages of sick or injured seafarers Division 5—Enforcement of this Part 61AP Some provisions of the Navigation Act apply for enforcement of this Part Part VB—Enforcement Division 1—Civil penalty provisions Subdivision A—Obtaining a civil penalty order 61BA Civil penalty orders 61BB Civil enforcement of penalty 61BC Conduct contravening more than one civil penalty provision 61BD Multiple contraventions 61BE Proceedings may be heard together 61BF Civil evidence and procedure rules for civil penalty orders 61BG Contravening a civil penalty provision is not an offence Subdivision B—Civil proceedings and criminal proceedings 61BH Civil proceedings after criminal proceedings 61BI Criminal proceedings during civil proceedings 61BJ Criminal proceedings after civil proceedings 61BK Evidence given in civil proceedings not admissible in criminal proceedings Subdivision C—Miscellaneous 61BL Ancillary contravention of civil penalty provisions 61BM Mistake of fact 61BN State of mind 61BO Civil penalty provisions contravened by employees, agents or officers 61BP Continuing contraventions of civil penalty provisions Division 2—Infringement notices, voluntary enforceable undertakings and injunctions Subdivision A—Infringement notices 61BQ When an infringement notice may be given 61BR Matters to be included in an infringement notice 61BS Extension of time to pay amount 61BT Withdrawal of an infringement notice 61BU Effect of payment of amount 61BV Effect of this Division Subdivision B—Enforceable undertakings 61BW Acceptance of undertakings 61BX Enforcement of undertakings Subdivision C—Injunctions 61BY Grant of injunctions 61BZ Interim injunctions 61BZA Discharging or varying injunctions 61BZB Certain limits on granting injunctions not to apply 61BZC Other powers of a relevant court unaffected Division 3—Civil jurisdiction of courts 61BZD Civil jurisdiction of courts Part VI—Miscellaneous 62 Interpretation 63 Liabilities of ships not registered 64 Registered agent 65 Alterations to ships 66 Ships lost etc. or ceasing to be entitled to be registered 67 Power to inquire into ownership of registered ship 68 Unregistered ships not to leave Australia 69 Unregistered ships not to leave foreign ports 70 Proceedings on forfeiture 71 Detention of ships 72 Taking officers to sea 73 False statements etc. 74 Offences—general 75 Prosecution of offences 76 Joinder of charges and penalties for certain offences 77 Admissibility of documents in evidence 78 ART review of certain decisions 78A Internal review of certain decisions 79 Preservation of State and Territory legislation 80 References in other laws 81 Jurisdiction of Territory Supreme Courts 82 Appeals 83 Regulations Part VII—Transitional provisions 84 Interpretation 85 Additional operation of Part 86 Ships registered in Australia under previous law deemed registered under this Act 87 Transfer of registration from foreign ports of ships entitled to be registered 88 Instruments etc. made under previous law or corresponding foreign law continue in force 89 Applications under previous law 90 Certificates of registry may be recalled 91 Registers kept under previous law in Australia incorporated with Register 92 Verification of particulars—Registers kept under previous law etc. 93 Ships deemed to be registered to cease to be registered if not entitled to be registered 94 Registrar may defer registration etc. 95 Regulations for transitional purposes Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act providing for the registration of ships in Australia, and for related matters Part I—Preliminary 1 Short title This Act may be cited as the Shipping Registration Act 1981. 2 Commencement This Act shall come into operation on a date to be fixed by Proclamation. 3 Interpretation (1) In this Act, unless the contrary intention appears: approved form, in relation to a provision of this Act, means a form approved in an instrument under section 3B for the purposes of that provision. Note: This subsection defines this Act to include the regulations. Australia includes the external Territories. Australian General Shipping Register means the Register referred to in subsection 56(1). Australian International Shipping Register means the Register referred to in subsection 56(2). Australian national means: (a) an Australian citizen; (b) a body corporate established by or under a law of the Commonwealth or of a State or Territory; or (c) the Commonwealth or a State or Territory. Australian‑owned ship has the meaning given by section 8. Australian resident: see resident of Australia. Australian ship means a ship having Australian nationality by virtue of section 29. Authority means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990. beneficial interests includes interests arising under contract and other equitable interests. bill of sale means a bill of sale referred to in section 36. branch office means a branch office of the Registration Office. Certificate of Clearance has the same meaning as in the Customs Act 1901. civil penalty order has the meaning given by subsection 61BA(4). civil penalty provision means a subsection, or a section that is not divided into subsections, that has set out at its foot the words "civil penalty" and one or more amounts in penalty units. coastal trading has the same meaning as in the Coastal Trading (Revitalising Australian Shipping) Act 2012. Collector of Customs means a person who is a Collector for the purposes of the Customs Act 1901. Customs officer means a person who is an officer for the purposes of the Customs Act 1901. demise charter, in relation to a ship, means the demise, letting, hire or delivery of the ship to the charterer under a charterparty, by virtue of which the charterer has whole possession and control of the ship (including the right to appoint the master and crew of the ship). Deputy Registrar means a Deputy Registrar of Ships referred to in subsection 48(2). employee organisation means: (a) an organisation registered under the Fair Work (Registered Organisations) Act 2009; or (b) an organisation recognised under a law of a foreign country as entitled to represent the industrial interests of seafarers. fish includes turtles, dugong, crustacea, molluscs and any other living resources of the sea or of the seabed. fishing vessel means a ship that is used, or is intended to be used, wholly or principally for the taking, catching or capturing of fish for trading or manufacturing purposes. 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. foreign country means a country other than Australia. foreign port means a port in a foreign country. foreign resident means a person other than an Australian national or a resident of Australia. General Register means the Australian General Shipping Register. Government authority means: (a) the Commonwealth or a State or Territory; or (b) a body corporate established for a public purpose by or under a law of the Commonwealth or of a State or Territory, other than: (ii) the Western Australian Coastal Shipping Commission; or (iii) a body corporate that is declared by the regulations not to be a Government authority for the purposes of this definition. Government ship means a ship 12 metres or more in length: (a) that belongs to a Government authority or Government authorities, and to no other person; (b) the beneficial interest in which is vested in a Government authority or Government authorities, and in no other person; or (c) that is for the time being on demise charter to a Government authority or Government authorities, and to no other person. harbour means a natural or artificial harbour, and includes: (a) a navigable estuary, river, creek or channel; or (b) a haven, roadstead, dock, pier, jetty or offshore terminal; or (c) any other place in or at which ships can obtain shelter or load and unload goods or embark and disembark passengers. International Register means the Australian International Shipping Register. international trading has the meaning given by section 61AB. intra‑State trading: a ship is used to engage in intra‑State trading if, for or in connection with a commercial activity, the ship: (a) takes on board passengers or cargo at a port in a State or Territory; and (b) carries those passengers or that cargo to another port in the same State or Territory where: (i) some or all of those passengers disembark; or (ii) some or all of that cargo is unloaded. issuing body has the same meaning as in the Navigation Act. ITF template agreement means a standard form of agreement that: (a) relates to the working conditions of seafarers; and (b) is formulated by the International Transport Workers' Federation; and (c) is known as the International Transport Workers' Federation Uniform Total Crew Cost Collective Agreement; and (d) is available on the Authority's website, or is otherwise available (without charge) from the Authority. lodged means lodged with the Registrar in accordance with this Act. master includes a person having command or charge of a ship, but does not include a pilot. national flag means the Australian National Flag within the meaning of the Flags Act 1953. Navigation Act means the Navigation Act 2012. offence based on a particular provision of this Act, being a provision in respect of which section 74 creates an offence, means an offence against section 74 that relates to that provision (unless the contrary intention appears). officer means a person (who may include the Minister) exercising powers, or performing duties or functions, under this Act. owner of a ship: (a) except in sections 8, 11A, 12, 30 and 58 and in Parts VA and VI—means a person registered as owner in accordance with the regulations; and (b) in sections 8, 12, 30 and 58—has its ordinary meaning; and (c) in section 11A and Part VA—has the same meaning as in the Navigation Act; and (d) in Part VI—has the meaning given by section 62. pilot means a person who has the lawful conduct of a ship, but does not belong to the ship. pleasure craft means a ship that is used, or is intended to be used, wholly for recreational or sporting activities, whether or not let, or intended to be let, for hire or reward or consideration of any kind. port includes a harbour. PPSA security interest (short for Personal Property Securities Act security interest) means a security interest within the meaning of the Personal Property Securities Act 2009 and to which that Act applies (other than a transitional security interest within the meaning of that Act). Note: The Personal Property Securities Act 2009 applies to certain security interests in personal property. See the following provisions of that Act: (a) section 8 (interests to which the Act does not apply); (b) section 12 (meaning of security interest); (c) Chapter 9 (transitional provisions). 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. previous law means Part I of the Imperial Act known as the Merchant Shipping Act, 1894, as amended, or otherwise affected in its operation, by the provisions of any other Imperial Act or of any Act, in so far as that Part as so amended, or otherwise affected in its operation, is part of the law of the Commonwealth. proper officer means a person holding, or performing the duties of, any of the following offices (being an office of the Commonwealth) in a country or place outside Australia, namely: (a) Ambassador; (b) Minister; (c) Head of a Mission; (d) Chargé d'Affaires; (e) Counsellor, Secretary or Attaché of an Embassy, Legation or other post; (f) Consul‑General; (g) Consul; or (h) Vice‑Consul. provisional registration certificate means a provisional registration certificate granted under section 21, 22 or 65. red ensign means the Australian Red Ensign within the meaning of the Flags Act 1953. registered means registered under this Act in: (a) the General Register; or (b) the International Register. 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. Registers means: (a) the General Register; and (b) the International Register. Registrar means the Registrar of Ships referred to in subsection 48(1). registration certificate means a registration certificate, other than a provisional registration certificate, granted under this Act. Registration Office means the Australian Shipping Registration Office referred to in section 54. relevant court, in relation to a matter, means any of the following courts: (a) the Federal Court of Australia; (b) the Federal Circuit and Family Court of Australia (Division 2); (c) a superior court, or lower court, of a State or Territory; that has jurisdiction in relation to the matter (see section 61BZD). 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. 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. seafarer means any person who is employed or works in any capacity on board a ship on the business of the ship, other than the following: (a) a pilot; (b) an owner of the ship or a person representing the owner; (c) law enforcement personnel; (d) if the ship is a special purpose vessel within the meaning of the Navigation Act—special personnel, within the meaning of that Act, in relation to the vessel; (e) a person temporarily employed on the ship in port; (f) a person prescribed by the regulations. seafarers' bargaining unit, for a ship, has the meaning given by subsection 11A(2). share, in relation to a ship, means one of the shares into which the property in a ship is divided as provided by section 11. ship means any kind of vessel capable of navigating the high seas and includes: (a) a barge, lighter or other floating vessel; (b) a structure that is able to float or be floated and is able to move or be moved as an entity from one place to another; and (c) an air‑cushion vehicle, or other similar craft, used wholly or primarily in navigation by water; but does not include a vessel, structure, vehicle or craft declared by the regulations not to be a ship for the purposes of this definition. 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. ship on demise charter to an Australian‑based operator has the meaning given by section 9. ship permitted to be registered means a ship permitted to be registered by virtue of section 14 or 15B. ship required to be registered means a ship required to be registered by virtue of section 12. small craft means a ship less than 12 metres in overall length. temporary pass means a temporary pass granted under section 23. this Act includes the regulations. 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. unregistered ship means a ship entitled to be registered that is not registered. work agreement has the same meaning as in the Navigation Act. (2) In this Act, unless the contrary intention appears, a reference to the owner of a ship shall, if there is more than one owner of the ship, be read as a reference to each of the owners. (5) A reference in this Act to failing to do an act or thing shall be read as including a reference to refusing to do that act or thing. (6) For the purposes of this Act, strict compliance with an approved form is not required and substantial compliance is sufficient. (7) A reference in this Act to an offence against this Act, to an offence against a provision of this Act or to a contravention of, or failure to comply with, a provision of this Act shall be read as including a reference to an offence against section 6 of the Crimes Act 1914, or against section 11.1 or 11.4 of the Criminal Code, in relation to this Act. (8) In this Act, a reference to a ship includes a reference to every thing or article belonging to or to be used in connection with, or necessary for the operation and safety of, the ship. 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. 3B Approved forms (1) The Authority may, by writing, approve a form for the purposes of a provision of this Act. Note: Subsection 3(1) defines this Act to include the regulations. (2) The Authority may approve different forms of a registration certificate, or a provisional registration certificate, for different kinds of ships. (3) Subsection (2) does not limit subsection 33(3A) of the Acts Interpretation Act 1901. (4) The Authority must publish each approved form on its website. 4 Repeal The previous law is repealed. 5 Act binds the Crown (1) This Act binds the Crown in each of its capacities. (2) This Act does not make the Crown liable to be prosecuted for an offence. 6 Application of Act This Act extends to every external Territory and to acts, omissions, matters and things outside Australia, whether or not in a foreign country. 7 Act not to apply to Defence Force ships etc. This Act does not apply in relation to a ship belonging to an arm of the Defence Force of Australia or to the naval, military or air forces of a foreign country. 8 Australian‑owned ships (1) A reference in this Act to an Australian‑owned ship shall be read as a reference to a ship that: (a) is owned by an Australian national or Australian nationals, and by no other person; (b) is owned (otherwise than as described in paragraph (c)) by 3 or more persons as joint owners, where the majority of those persons are Australian nationals; or (c) is owned by 2 or more persons as owners in common, where more than half of the shares in the ship are owned by an Australian national or Australian nationals. (2) For the purposes of paragraph (1)(c), where 2 or more persons are joint owners of a share or shares in a ship: (a) in the case of 2 or more particular shares that are owned by the same persons—the interest of each owner in the shares shall be ascertained by dividing the number of the shares by the number of the owners of the shares; and (b) in the case of a share to which paragraph (a) does not apply—the interest of each owner in the share shall be ascertained by dividing the number one by the number of the owners of the share; and, if the sum of the interests so ascertained in respect of all jointly‑owned shares in the ship as being interests of an Australian national or Australian nationals is a whole number or a whole number and a fraction, such number of those shares as is equal to that whole number shall be deemed to be owned by an Australian national or Australian nationals. 9 Ships on demise charter to Australian‑based operators (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) or 15B(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. 10 Determination of overall length and tonnage length of ship (1) For the purposes of this Act, the overall length of a ship shall, subject to subsection (2), be ascertained by measuring the distance between: (a) a vertical line passing through a point, being the foremost part of the stem; and (b) a vertical line passing through a point, being the aftermost part of the stern. (2) Where, by reason of the nature of the constructional features of a ship, it is, in the opinion of the Registrar, impracticable to ascertain the overall length of the ship under subsection (1), the overall length of the ship shall be ascertained in such manner as the Registrar determines. (3) For the purposes of this Act, the tonnage length of a ship shall be ascertained in a manner specified in the regulations. 11 Registration of property in ships (1) For the purposes of the registration of a ship: (a) the property in the ship shall be divided into 64 shares; (b) subject to paragraph (c), subsection (2) and section 37, the number of persons registered as owners of the ship shall not at any time exceed 64, but nothing in this paragraph affects the beneficial interests of any number of persons or of a body corporate represented by or claiming under or through a registered owner (including a registered joint owner); (c) any number of persons not exceeding 5 may be registered as joint owners of the ship or of a share or shares in the ship; (d) a joint owner of the ship or of a share or shares in the ship is not entitled to dispose of his or her interest in severalty; (e) a person shall not be registered as the owner of a fractional part of a share in the ship; and (f) a body corporate shall be registered as owner by its corporate name. (2) For the purposes of paragraph (1)(b), where a share in a ship is jointly owned, or 2 or more shares in a ship are jointly owned by the same persons, the joint owners of that share, or of those shares, as the case may be, shall be treated as constituting one person. 11A Collective agreement with the seafarers' bargaining unit (1) The owner of a ship may make an agreement (a collective agreement) with the seafarers' bargaining unit for the ship about the terms and conditions of employment or engagement of all the seafarers working on board the ship when it is used to engage in international trading. Note: Before a ship can be registered in the International Register, the owner of the ship must make a collective agreement under subsection (1): see paragraph 15F(3)(b). (2) The seafarers' bargaining unit for a ship is a body consisting of a representative from each employee organisation that: (a) has, as a member, one or more seafarers who will work on the ship when it is used to engage in international trading; and (b) is entitled to represent the industrial interests of those seafarers in relation to that work; and (c) has given written notice to the owner of the ship that it wishes to be a member of the body and has not withdrawn that notice. (3) The regulations may prescribe requirements in relation to the making of a collective agreement under this section. (4) The Fair Work Act 2009 does not apply in relation to the making of a collective agreement under this section, and a collective agreement under this section is not an enterprise agreement for the purposes of that Act. Part II—Registration of Ships Division 1—Registration Subdivision A—Obligation to register Australian‑owned ships 12 Obligation to register Australian‑owned ships (1) Subject to this Part, every Australian‑owned ship shall be registered under this Act. (2) Where an Australian‑owned ship is operated by a foreign resident under a demise charter, the Authority may, by instrument in writing, exempt the ship during the term of the charter from the requirement to be registered. (3) Where a ship required to be registered is not registered, the owner of the ship commits, in respect of each day on which the ship remains unregistered (including the day of a conviction for an offence against this subsection or any subsequent day), an offence, and, whether or not proceedings are instituted for such an offence, the ship may be detained until registration is effected. (3A) An offence under subsection (3) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (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. (4) It is not a defence to a prosecution under subsection (3) that the ship required to be registered is registered under the law of a foreign country. 13 Exemptions from registration Ships less than 24 metres in tonnage length, Government ships, fishing vessels and pleasure craft are exempt from the requirement to be registered under section 12 but are subject to section 68 if they are unregistered ships. Subdivision B—The General Register 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. 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 an employee or agent of an issuing body for the purposes of determining the application for registration. (2) An employee or agent of an issuing body may, at any reasonable time, go on board a ship and inspect the ship for the purposes of subsection (1). (3) However, an employee or agent of an issuing body must not inspect a ship unless the fixed fee (if any) for the inspection has been paid. Subdivision D—Registration 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 an employee or agent of an issuing body 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 an employee or agent of an issuing body 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. 16 Tonnage measurement of ship before registration (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. (2) Subsection (1) does not apply to a prescribed ship, or ships included in a prescribed class of ships. 17 No multiple registrations (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. (2) Where, in relation to a ship that has, at any time, been registered under the law of a foreign country, application is made for the registration of the ship under this Act, the application shall be accompanied by such evidence as the Registrar requires to establish: (a) that the ship is no longer registered under the law of that country; or (b) that steps have been taken, or are proposed to be taken, to close the registration of the ship under the law of that country on or before the registration of the ship under this Act. Division 2—Registration certificates 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 approved 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. 20 Custody of registration certificate (1) The registration certificate of a ship shall not be used except for the purpose of the lawful navigation of the ship, and shall not be subject to detention by reason of a claim by an owner, mortgagee, charterer, operator or any other person to any title to, lien or charge on, or interest in, the ship. (2) A person having possession or control of a registration certificate shall not fail to deliver the certificate on demand to the person entitled to the custody of it for the purposes of the lawful navigation of the ship, or to the Registrar, a Deputy Registrar, a proper officer or any other person entitled by law to require its delivery. (2A) Subsection (2) does not apply if the person has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code). (2B) An offence based on subsection (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (3) If, in any proceedings in respect of an offence against this section in relation to a registration certificate, the court is of the opinion that the certificate is lost, the court shall make an order to that effect and cause an office copy of the order to be served on the Registrar. (4) In this section, registration certificate includes a provisional registration certificate. 21 New certificates and provisional certificates (1) Where: (a) a registration certificate is mislaid, lost or destroyed; or (b) a registration certificate is lodged with the Registrar; the Registrar shall, upon application made in the manner prescribed, grant a new certificate in substitution for that certificate. (2) If: (a) an event referred to in paragraph (1)(a) occurs while the ship concerned is at a foreign port at which there is a proper officer; or (b) such an event occurs while the ship concerned 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; the Registrar or the proper officer at that port shall, upon application made to him or her, subject to the regulations, grant a provisional registration certificate in respect of the ship in accordance with the approved form. (3) Subject to subsection (5), a provisional registration certificate granted in respect of a ship under subsection (2) has the same effect as a registration certificate until: (a) the ship arrives at an Australian port; or (b) the expiration of a period of 6 months commencing on the date on which the certificate was granted; whichever first happens. (4) Where a proper officer grants a provisional registration certificate under this section, he or she shall forward a copy of the certificate to the Registrar. (5) If, while a provisional registration certificate granted in respect of a ship under subsection (2) 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 (3)(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. (6) The person who has possession of a provisional registration certificate granted under subsection (2) shall, within 10 days after the ship first arrives at an Australian port after the grant, lodge the certificate with the Registrar. (7) Upon lodgment of a provisional registration certificate under subsection (6), the Registrar shall, in his or her discretion: (a) grant a further provisional registration certificate in respect of the ship in accordance with the approved form; or (b) grant a new registration certificate in respect of the ship. (8) A provisional registration certificate granted under paragraph (7)(a) has the same effect as a registration certificate for such period after the date on which the certificate was granted as the Registrar specifies in the certificate. 22 Provisional certificates for ships becoming entitled to be registered when abroad (1) If: (a) while a ship is at a foreign port at which there is a proper officer, it becomes a ship entitled to be registered; or (b) while a ship is at sea or at a foreign port at which there is no proper officer, it becomes a ship entitled to be registered and, subsequently, but before arriving at an Australian port, it arrives at a foreign port at which there is a proper officer; the proper officer at that port may, subject to the regulations, grant a provisional registration certificate in respect of the ship in accordance with the approved form. (2) Subject to subsection (4), a provisional registration certificate granted in respect of a ship under this section has the same effect as a registration certificate, and, for the purposes of this Act and of the lawful navigation of the ship, the ship shall be deemed to be registered, until: (a) the ship arrives at an Australian port; or (b) the expiration of a period of 6 months commencing on the date on which the certificate was granted; whichever first happens. (3) Where a proper officer grants a provisional registration certificate under this section, he or she shall forward a copy of the certificate to the Registrar. (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 may grant a further provisional registration certificate in respect of the ship in accordance with the approved form. (7) A provisional registration certificate granted in respect of a ship under subsection (6) has the same effect as a registration certificate for such period after the date on which the certificate was granted as the Registrar specifies in the certificate and, for the purposes of this Act and of the lawful navigation of the ship, the ship shall be deemed to be registered during that period. 22A Provisional certificates granted by the Registrar (1) If, while a ship is at sea or at a foreign port, it becomes a ship entitled to be registered, the Registrar may, subject to the regulations, grant a provisional registration certificate in respect of the ship in accordance with the approved form. (2) If, while a ship is at an Australian port, it is or becomes entitled to be registered, the Registrar may, subject to the regulations, after he or she is satisfied that it is the intention of the owner of the ship that the ship will depart from that port to a place outside Australia, grant a provisional registration certificate in respect of the ship in accordance with the approved form. (3) Subject to subsection (4), a provisional registration certificate granted in respect of a ship under this section has the same effect as a registration certificate and, for the purposes of this Act and of the lawful navigation of the ship, the ship shall be deemed to be registered until: (a) in the case of a ship in respect of which the certificate was granted under subsection (1): (i) the ship arrives at an Australian port; or (ii) the expiration of a period of 6 months commencing on the date on which the certificate was granted; whichever first happens; or (b) in the case of a ship in respect of which a certificate was granted under subsection (2): (i) the ship first returns from a place outside Australia to an Australian port after the grant; or (ii) the expiration of a period of 6 months commencing on the date on which the certificate was granted; whichever first happens. (4) If, while a provisional registration certificate granted in respect of a ship under subsection (1) or (2) 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 subparagraph (3)(a)(ii) or (3)(b)(ii), as the case requires, and, in that event, the reference in that subparagraph to the 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) or (2) shall: (a) in a case where the certificate was granted under subsection (1)—within 10 days after the ship first arrives at an Australian port after the grant; or (b) in a case where the certificate was granted under subsection (2)—within 10 days after the ship first returns from a place outside Australia to 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 may grant a further provisional registration certificate in respect of a ship in accordance with the approved form. (7) A provisional registration certificate granted in respect of a ship under subsection (6) has the same effect as a registration certificate for such period after the date on which the certificate was granted as the Registrar specifies in the certificate and, for the purposes of this Act and of the lawful navigation of the ship, the ship shall be deemed to be registered during that period. 22B Provisional registration certificates not to be issued in certain circumstances A provisional registration certificate shall not be granted by a proper officer under subsection 22(1), or by the Registrar under subsection 22A(1) or (2), in respect of a ship unless the person granting the certificate is satisfied that, at the time of his or her so granting the certificate, an application for registration of the ship under section 15 or 15C has been lodged with the Registrar and that that application has yet to be determined. 23 Temporary passes (1) Where the Authority is satisfied that, by reason of special circumstances, permission should be granted for an unregistered ship to travel: (a) from an Australian port to a foreign port; or (b) from a foreign port to another foreign port or to an Australian port; it may direct the Registrar to grant a temporary pass in respect of that ship, specifying the voyage which the ship is authorized to make and the time during which the pass remains valid, and the Registrar shall grant the pass accordingly. (2) A temporary pass shall be in the approved form. (3) A temporary pass granted in respect of a ship has, subject to the matters specified in the pass, the same effect as a registration certificate and, for the purposes of this Act and of the lawful navigation of the ship on the voyage specified in the pass, the ship shall be deemed to be registered. 25 Use of improper certificate A person who, in relation to a ship, whether or not it is a registered ship, uses, or permits the use of, a registration certificate, provisional registration certificate or temporary pass not legally granted and in force under this Act in respect of the ship commits an offence. Division 3—Identification 26 Marking of ship (1) A ship shall not be registered until it has been marked in accordance with the regulations with marks directed by the Registrar by notice in writing served on the owner or one of the owners and evidence of a kind specified in the regulations of the ship's having been so marked has been lodged with the Registrar. (2) Subject to subsection (4), if the markings placed on a registered ship in accordance with the requirements of subsection (1) are not maintained, the owner and master of the ship each commit, in respect of each day during which the markings are not maintained (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 10 penalty units; or (b) if the offender is a body corporate—by a fine not exceeding 20 penalty units. (2A) An offence under subsection (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (3) A person must not engage in conduct that results in the concealment, removal, alteration, defacing or obliteration of any marking that is on a registered ship in accordance with the requirements of subsection (1). (3A) Strict liability applies to the element of an offence against subsection (3) that the ship be marked in accordance with a requirement in subsection (1). Note: For strict liability, see section 6.1 of the Criminal Code. (4) Subsections (2) and (3) do not apply in relation to anything done as authorized by the regulations or done for the purpose of escaping capture by an enemy. (5) In this section: engage in conduct means: (a) do an act; or (b) omit to perform an act. 27 Name of registered ship and change of name (1) A person shall not describe a registered ship by any name other than the name by which the ship is for the time being registered. (2) Subject to this Act, application may be made to the Registrar, in the manner prescribed, for a change in the name of a registered ship. (3) If: (a) the name proposed for a ship in an application for the registration of the ship; or (b) the new name proposed for a registered ship in an application under subsection (2), is a prescribed name, or a name included in a prescribed class of names, the Registrar shall disallow the name. (4) Where the Registrar grants an application under subsection (2): (a) he or she shall cause the new name to be entered in the relevant register and endorsed on the ship's registration certificate; and (b) section 26 applies in relation to the marking of the new name on the ship as if the ship had been registered by that name. 28 Power of Minister to disallow name proposed for ship The Minister may, by notice in writing given to the Registrar, disallow: (a) the name proposed for a ship in an application for the registration of the ship; or (b) the new name proposed for a registered ship in an application under subsection 27(2); if the Minister is of the opinion that the description of the ship by that name is likely to prejudice the international relations of the Commonwealth. Division 4—Nationality and national Colours 29 Certain ships to have Australian nationality (1) The following ships shall, for all purposes, be taken to be Australian ships and to have Australian nationality: (a) registered ships; (b) unregistered ships (other than ships required to be registered), being: (i) Australian‑owned ships referred to in section 13; (ii) ships wholly owned by residents of Australia or by residents of Australia and Australian nationals; or (iii) ships operated solely by residents of Australia or Australian nationals or both. (2) Nothing in subsection (1) shall be taken to alter the character of a ship as an article of personal property. (3) In this section, unregistered ship means a ship that is not registered under this Act or under the law of a foreign country. 30 National colours and other flags (1) It is hereby declared that the national colours for Australian ships are: (a) in the case of ships registered by virtue of section 12 or ships (other than ships referred to in section 13) registered by virtue of paragraph 14(d) or ships registered by virtue of section 15B—the red ensign; and (b) in any other case—the national flag and the red ensign. (2) When in waters outside Australian waters: (a) a ship to which paragraph (1)(a) applies may at any time, and shall as and when required by the regulations, fly the red ensign; (b) a registered ship, other than a ship to which paragraph (1)(a) applies, may at any time, and shall as and when required by the regulations, fly the national flag or the red ensign; and (c) a ship to which paragraph 29(1)(b) applies may at any time fly the national flag or the red ensign. (2A) An offence based on subsection (2) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (3) Subject to subsections (4) and (5), when in Australian waters, a registered ship shall, as and when required by the regulations, fly the national flag or the red ensign. (3A) An offence based on subsection (3) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (4) If: (a) a ship is required by subsection (3) to fly the national flag or the red ensign at a particular time (in this subsection referred to as the relevant time); (b) there was in force, immediately before the commencement of this Act, a warrant from Her Majesty or the Admiralty under section 73 of the Imperial Act known as the Merchant Shipping Act, 1894, as amended by any other Imperial Act, authorizing the use by the ship of the British Blue Ensign (with or without defacement); (c) that section is in force at the relevant time as part of the law of the United Kingdom; and (d) the flying of that Ensign by the ship at the relevant time is authorized by the warrant; it is sufficient compliance with subsection (3) for the ship to fly that Ensign at the relevant time in lieu of the national flag or the red ensign. (5) If: (a) a ship is required by subsection (3) to fly the national flag or the red ensign at a particular time; and (b) the ship is, at that time: (i) entitled to fly a particular flag by virtue of an authority under section 6 of the Flags Act 1953; or (ii) entitled to fly a particular flag of a State or Territory; it is sufficient compliance with subsection (3) for the ship to fly that particular flag at that time in lieu of the national flag or the red ensign. (6) A person shall not, in relation to a ship, use, or permit the use, at any one time, of 2 or more of the flags referred to in the preceding provisions of this section. (7) When an Australian ship is in waters outside Australian waters, a person shall not, in relation to that ship: (a) except as provided in subsection (2), use, or permit the use of, a flag referred to in, or appointed under, the Flags Act 1953; or (b) use, or permit the use of, a flag of a State or Territory or a flag to which a warrant referred to in subsection (4) relates. (8) A person shall not, in relation to a ship required to be registered that is not registered, use, or permit the use of, the national flag or the red ensign. (8A) An offence based on subsection (6), (7) or (8) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (9) Where, in relation to a ship, there is a contravention of, or failure to comply with, a provision of this section, the master and owner of the ship each commit an offence. (10) Upon application made in the manner prescribed by the owner or operator of a ship to which paragraph 29(1)(b) applies, the Registrar shall grant to the applicant a certificate stating that the ship is entitled to fly the national flag and the red ensign in accordance with this section. (11) A certificate granted under subsection (10) is, for all purposes, prima facie evidence of the facts stated therein. (12) In this section: Australian waters means the territorial sea of Australia and any marine or tidal waters that are on the landward side of any part of that sea. flag includes an ensign. 31 Declaration of ship's nationality before clearance (1) A Collector of Customs shall not grant a Certificate of Clearance in respect of a ship about to depart from an Australian port to a place outside Australia until the master of the ship has declared to the Collector the nationality of the ship. (2) A declaration made under subsection (1) shall be recorded on the Certificate of Clearance. 32 Improperly assuming Australian nationality (1) If the master or owner of a ship that is not an Australian ship does anything, or permits anything to be done, that results in a ship appearing to be an Australian ship, the ship is subject to forfeiture under this Act, and the Master and owner each commit an offence. (2) Subsection (1) does not apply if the master or owner of the ship does the thing for the purpose of escaping capture by an enemy. Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code). (3) An offence based on subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 33 Concealing Australian nationality (1) If the master or owner of an Australian ship does anything, or permits anything to be done that results in: (a) concealing the nationality of the ship from any person entitled by a law of the Commonwealth or of a State or Territory to inquire into the nationality of the ship; or (b) deceiving any such person; or (c) the ship appearing not to be an Australian ship; the ship is subject to forfeiture under this Act, and the master and owner each commit an offence. (2) Subsection (1) does not apply if the master or owner of the ship does the thing to escape capture by an enemy. Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code). (3) An offence based on subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 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. (4) Sections 257, 258 and 259 of the Navigation Act, and definitions in Chapter 1 of that Act of terms relevant to any of those sections, apply in relation to this section as if this section were included in that Act. Note 1: Those sections of the Navigation Act deal with boarding ships and exercising monitoring powers to find out whether that Act is being, or has been, complied with. Note 2: Part VB is also relevant to enforcement of this section. 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 the Navigation Act); or (ii) is substandard (within the meaning of the Navigation Act); or (c) the ship has not been, or will not be, predominant