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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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